Laserfiche WebLink
of San Leandro must be installed and maintained as indicated in this Agreement and as required by the <br />NPDES permit; and <br />WHEREAS, the City and the Property Owner agree that the health, safety and welfare of the <br />citizens of the City require that the stormwater treatment measure(s) and HM controls (if any) <br />detailed in the Site Plan or comparable document be constructed and maintained on the Property; and <br />WHEREAS, the City's Stormwater Management Ordinance, guidelines, criteria and other <br />written directions require that the stormwater treatment measure(s) and HM controls (if any), as <br />shown on the approved Site Plan or comparable document, be constructed and maintained by the <br />Property Owner. <br />THEREFORE, in consideration of the benefit received by the Property Owner as a result of <br />the City's approval of the Site Plan, the Property Owner hereby covenants and agrees with the City <br />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 <br />Plan or comparable document shall be constructed by the Property Owner in strict accordance with <br />the approved plans and specifications identified for the development and any other requirements <br />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 <br />responsibility for operation and maintenance of stormwater treatment measures and HM controls <br />(if any) as set forth in this Agreement until the Property is legally transferred to another <br />entity. Before the Property is legally transferred to another entity, the Property Owner shall <br />provide to the City at least one of the following: <br />I) A signed statement from the public entity assuming post-construction responsibility for <br />treatment measure and HM controls maintenance and that the treatment measures and HM <br />controls (if any) meet all 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 <br />conditions, in the case of purchase and sale agreements, shall be written to survive beyond the <br />close of escrow; or <br />3) Written text in project conditions, covenants and restrictions (CCRs) for residential <br />properties assigning O&M responsibilities to the home owners association for O&M of the <br />treatment measures and HM controls (if any); or <br />4) Any other legally enforceable agreement or mechanism that assigns responsibility for the <br />maintenance 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 <br />HM controls (if any) from the Property nor modify the stormwater treatment system and HM <br />controls (if any) in a manner that lessens their effectiveness, and shall, at its sole expense, <br />adequately maintain the stormwater treatment measure(s) and HM controls (if any) in good <br />working order acceptable to the City and in accordance with the maintenance plan agreed hereto <br />and attached as Exhibit C. This includes all pipes, channels or other conveyances built to convey <br />stormwater to the treatment measure(s) and HM controls (if any), as well as all structures, <br />improvements, and vegetation provided to control the quantity and quality of the stormwater. <br />2 <br />C:\Users\saguirre\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\SOPTUOLX\O M Agreement for treat meas 11072019.doc