Stormwater Treatment Measures Maintenance Agreement 2024105499

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WHEREAS, the City and the Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and WHEREAS, the City's Stormwater Management Ordinance, guidelines, criteria and other written directions require that the stormwater treatment measure(s), 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 The on -site stormwater treatment measure(s) shown on the Site Plan or comparable document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other 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 as set forth in this Agreement until the responsibility is legally transferred to another entity. If 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 maintenance and that the treatment measures 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) Written text in project conditions, covenants and restrictions (CCRs) for residential properties assigning O&M responsibilities to the home owners association for O&M of the treatment measures; or 4) Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures. Property Owner's failure to provide the foregoing upon a transfer shall not be deemed a default under this Agreement, but until Property Owner has provided one of the foregoing, the Property Owner prior to such transfer shall remain responsible for all obligations under this Agreement. SECTION 3: MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens their effectiveness, and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the maintenance plan agreed hereto and attached as Exhibit C. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein deemed as maintaining the described facilities in good working 2 C:%Usersyhoeg00WppData\LocelWicrosoft%Windows\INetCeche\Content.0utlooldEP6SBXA6\Safeway Milk Plant - 0 M Agreement 1.12.21.doc