Common use of Operation and Maintenance Responsibility Clause in Contracts

Operation and Maintenance Responsibility. This Agreement shall serve as the signed statement and agreement by the Property Owner accepting responsibility for the permanent operation and maintenance of stormwater treatment measures as set forth in this Agreement, and the documents incorporated by reference into the Agreement, and as required by the NPDES Permit until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the County at least one of the following: 1. A signed statement from a public entity assuming permanent 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 permanent 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 and which shall run with the land; or 3. Written text in project conditions, covenants and restrictions (“CCRs”) for residential properties permanently assigning O&M responsibilities to the homeowners association for O&M of the treatment measures, such responsibilities to run with the land; or 4. Any other legally enforceable agreement or mechanism acceptable to County that assigns responsibility for the maintenance of treatment measures.

Operation and Maintenance Responsibility. This Agreement shall serve as the signed statement and agreement by the Property Owner accepting responsibility for the permanent operation and maintenance of stormwater treatment measures as set forth in this Agreement, and the documents incorporated by reference into the Agreement, and as required by the NPDES Permit until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the County at least one of the following: 1. A signed statement from a public entity assuming permanent 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 permanent 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 and which shall run with the land; or 3. Written text in project conditions, covenants and restrictions (“"CCRs”") for residential properties permanently assigning O&M responsibilities to the homeowners association for O&M of the treatment measures, such responsibilities to run with the land; or 4. Any other legally enforceable agreement or mechanism acceptable to County that assigns responsibility for the maintenance of treatment measures.

Operation and Maintenance Responsibility. This Agreement shall serve as the signed statement and agreement by the Property Owner accepting responsibility for the permanent operation and maintenance of stormwater treatment measures as set forth in this Agreement, and the documents incorporated by reference into the Agreement, and as required by the NPDES Permit until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the County City at least one of the following: 1. A signed statement from a public entity assuming permanent 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 permanent 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 and which shall run with the land; or 3. Written text in project conditions, covenants and restrictions (“CCRs”) for residential properties permanently assigning O&M responsibilities to the homeowners association for O&M of the treatment measures, such responsibilities to run with the land; or 4. Any other legally enforceable agreement or mechanism acceptable to County the City that assigns responsibility for the maintenance of treatment measures.