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Inst 2019176139
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Inst 2019176139
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Last modified
11/27/2019 4:21:07 PM
Creation date
11/27/2019 4:20:42 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/6/2019
Recorded Document Type
Stormwater Treatment
Retention
PERM
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WHEREAS, the City's Stormwater Management Ordinance, guidelines, criteria and other written <br />directions require that the stormwater treatment measure(s) and HM controls (if any), as shown on the approved <br />Site Plan or comparable document, be constructed and maintained by the Property Owner <br />THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City's <br />approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: <br />SECTION 1: CONSTRUCTION OF TREATMENT MEASURES AND HM CONTROLS <br />The on-site stormwater treatment measure(s) and HM controls (if any) shown on the Site Plan or <br />comparable document shall be constructed by the Property Owner in substantial accordance with the approved <br />plans and specifications (in all material respects) identified for the development and any other reasonable <br />requirements thereto which have been approved by the City in conformance with appropriate City ordinances, <br />guidelines, criteria and other written direction. <br />SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY <br />This agreement shall serve as the signed statement by the Property Owner accepting responsibility <br />for operation and maintenance of stormwater treatment measures and HM controls (if any) as set forth in this <br />Agreement until the responsibility is legally transferred to another entity. Before the Property is legally <br />transferred to another entity, the Property Owner shall provide to the City at least one of the following: <br />1) A signed statement from the public entity assuming post -construction responsibility for treatment <br />measure and HM controls maintenance and that the treatment measures and HM controls (if any) meet all <br />local agency design standards; or <br />2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume <br />responsibility for operation and maintenance (O&M) consistent with this provision, which conditions, in the <br />case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or <br />3) Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance <br />of treatment measures and HM controls (if any). <br />SECTION 3: MAINTENANCE OF TREATMENT MEASURES AND HM CONTROLS <br />The Property Owner shall not destroy or remove the stormwater treatment measures and HM controls <br />(if any) from the Property nor modify the stormwater treatment system and HM controls (if any) in a manner <br />that lessens their effectiveness, and shall, at its sole expense, adequately maintain the stormwater treatment <br />measure(s) and HM controls (if any) in good working order reasonably acceptable to the City and in <br />substantial accordance with the maintenance plan agreed hereto and attached as Exhibit C. This includes all <br />pipes, channels or other conveyances built at the Property to convey stormwater to the treatment measure(s) <br />and HM controls (if any), as well as all structures, improvements, and vegetation provided to control the <br />quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the <br />described facilities at the Property in good working condition so that these facilities continue to operate as <br />originally designed and approved. The maintenance plan shall include a detailed description of and <br />schedule for long-term maintenance activities. <br />SECTION 4: SEDIMENT MANAGEMENT <br />Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) and HM <br />controls (if any) will be managed appropriately by the Property Owner. The Property Owner will provide for the <br />removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the <br />Property, unless provided for in the maintenance plan. Any disposal or removal of accumulated sediments or <br />debris shall be in compliance with all applicable federal, state and local law and regulations. <br />SECTION 5: ANNUAL INSPECTION AND REPORT <br />The Property Owner shall, on an annual basis, complete the Treatment Measure and HM Control Operation and <br />Maintenance Inspection Report (annual report), attached to this agreement as Exhibit D. The annual report shall <br />include all completed Inspection and Maintenance Checklists for the reporting period and shall be submitted to <br />the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) <br />and HM controls (if any) have been conducted pursuant to this agreement. The annual report shall be submitted <br />
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