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<br />STORMW A TER TREATMENT MEASURES <br />MAINTENANCE AGREEMENT <br /> <br />REClT ALS <br /> <br />This Stonnwater Treatment Measures Maintenance Agreement ("Agreement") is entered <br />into this 3 - 2 0 ,2006 by and between the City of San Leandro ("City") and <br />WashingtonlSpringlake Properties, LLC, a California Limited Liability Company, a property owner <br />of real property described in this Agreement. <br /> <br />WHEREAS, On February 19,2003, the Regional Water Quality Control Board, San <br />Francisco Bay Region, adopted Order R2~2003-0021, CAS0029831, reissuing the Alameda <br />Countywide NPDES municipal stormwater permit for the Alameda Countywide Clean Water <br />Program; and <br /> <br />WHEREAS, Provision C.3.e.ii. of this NPDES permit, and as it may be amended or <br />reissued, requires the permittee public agencies to provide minimum verification and access <br />assurances that all treatment measures shall be adequately operated and maintained by entities <br />responsible for the stormwater treatment measures; and <br /> <br />WHEREAS, the Property Owner, WashingtonlSpringlake Properties, LLC, a California <br />Limited Liability Company, is the owner of real property commonly known as Tract 7579 (the <br />"Property"), and more particularly described in the attached legible reduced-scale copy of the <br />Site Plan or comparable document (Exhibit A) upon which stormwater treatment measures are <br />located or to be constructed; and <br /> <br />WHEREAS, the City is the permittee, public agency with jurisdiction over the Property. <br /> <br />WHEREAS, the Property Owner, its administrators, co-owners, executors, successors, <br />heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as <br />"Property Owner") recognizes that the stormwater treatment measure(s) more particularly described <br />and shown on Exhibit A, of which full-scale plans and any amendments thereto are on file with the <br />Engineering and Transportation Department of the City of San Leandro must be installed and <br />maintained as indicated in this Agreement and as required by the NPDES pennit. <br /> <br />WHEREAS, the City and the Property Owner agree that the health, safety and welfare of <br />the citizens of the City require that the stormwater treatment measure( s) detailed in the Site Plan or <br />comparable document be constructed and maintained on the Property; and <br /> <br />WHEREAS, the City's Stormwater Management Ordinance, guidelines, criteria and other <br />written directions require that the stormwater treatment measure(s), as shown on the approved Site <br />Plan or comparable document, be constructed and maintained by the Property Owner <br /> <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 /> <br />SECTION 1: CONSTRUCTION OF TREATMENT MEASURES <br /> <br />The on~site stormwater treatment mcasure(s) shown on the Site Plan or comparable <br />document shall be constructed by the Properiy Owner lt1 strict accordance with the approved plans <br />and specifications identified for the development and any other requirements thereto which have been <br />approved by the City in conformance with approp11ate City ordinances, guidelines, criteria and other <br />written dlfectlOn. <br /> <br />"' <br /> <br />G:\ LD\ Tract Map & Parcel Map\TM7579-WASHINGTON & spnng'<lkeIO & M AgreGmentdoc <br />