Controls Maint Agmt Stormwater Treatment 01102018

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