HENDRICK AUTOMOTIVE GROUP - Laserfiche WebLink

NOW, THEi~FORE, in consideration of the benefit receivecr by Owner as a result of the City's approval of the Stormwater Treatment Site Plan, Owner hereby agrees with City as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES Owner shall construct the on-site stormwater treatment measures shown on the Stormwater Treatment Site Plan in strict accordance with the approved plans and specifications identified for the development and any other requirements that have been approved by City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: MAINTENANCE OF TREATMENT MEASURES Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the storrnwater treatment system in a manner that lessens its effectiveness and without prior written approval of City. Owner shall, at its sole expense, adequately maintain the stormwater treatment measures in good working order acceptable to the City and in accordance with the Maintenance Plan attached and incorporated as Exhibit C. Adequate maintenance is defined as maintaining all pipes, channels or other conveyances built to convey stormwater to the treatment measures, as well as all structures, improvements, and vegetation in good working condition, as determined by City inspection so that these facilities continue to operate as originally designed and approved. The Maintenance Plan shall include a detailed description and schedule for long-term maintenance activities. SECTION 3: SEDIMENT MANAGEMENT Sediment accumulation resulting from the normal operation of the stormwater treatment measures will be managed appropriately by the Owner and as detemmned by City inspection. Owner, at its sole expense, shall provide for the removal and disposal of accumulated sediments as part of the Maintenance Plan. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the approved Maintenance Plan. Any disposal or removal of accumulated-sediments or debris shall be in compliance with all federal, state and local laws and regulations. SECTION 4: ANNUAL INSPECTION AND REPORT Owner shall, on an annual basis, complete the Stormwater Treatment Measure Operation and Maintenance Inspection Report ("Annual Report', attached and incorporated as Exhibit D, and submit it to the Public Works Department -Clean Water Program, P.O. Box 520, Pleasanton, CA 94566-0802 by October 31 of each year covering the prior reporting period of October 1 to September 30. The Annual Report shall be submitted in order to verify that, inspection and maintenance of the applicable stormwater treatment measures have been conducted pursuant to this Agreement. Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measures in the Annual Report. Owner shall conduct a minimum of one annual inspection of the stormwater treatment measures before the wet season. This inspection shall occur between August 151 and October 15t each year. The Maintenance Pian may require more frequent inspections. SECTION 5: NECESSARY CHANGES AND MODIFICATIONS Owner, at its sole expense, shall modify the Stormwater Treatment Site Plan and Maintenance Plan as may be determined as reasonably necessary by City to ensure that treatment, measures are properly maintained and continue to operate as originally designed and approved. SECTION 6: PERFORMANCE FINANCIAL ASSURANCE City may request Owner to provide a performance bond, security, or other appropriate financial assurance, as determined by City, providing for the maintenance of the stormwater treatment measures pursuant to the City's ordinances, guidelines, criteria or written direction. 11/04 Page 2 of 5