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Inst 2009074842
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Inst 2009074842
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Last modified
8/3/2009 11:27:17 AM
Creation date
3/30/2009 9:28:59 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/26/2009
Recorded Document Type
Stormwater Treatment
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PERM
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STORMWATER TREATMENT MEASURES MAINTENANCE <br />AGREEMENT <br />PREAMBLE <br />The City of San Leandro (City) and Eden Healthcare Township District (Property Owner) have a separate <br />maintenance agreement dated October 31, 2007 in which the City assumes some of the responsibilities listed <br />herein. Upon termination of said agreement all responsibilities listed herein must be fulfilled by the <br />Property Owner. <br />RECITALS <br />This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this <br />February 26, 2009 ,r~9~'l~by and between the City of San Leandro ("City") and Eden <br />Healthcare Township District, a property owner of real property described in this Agreement. <br />WHEREAS, On February 19, 2003, the Regional Water Quality Control Board, San Francisco Bay <br />Region, adopted Order R2-2003-0021, CAS0029831, reissuing the Alameda Countywide NPDES municipal <br />stormwater permit for the Alameda Countywide Clean Water Program; and <br />WHEREAS, Provision C.3.e.ii. of this NPDES permit, and as it may be amended or reissued, requires <br />the permittee public agencies to provide minimum verification and access assurances that all treatment measures <br />shall be adequately operated and maintained by entities responsible for the stormwater treatment measures; and <br />WHEREAS, the Property Owner, Eden Healthcare Township District, is the owner of real property <br />commonly known as 13889 East 14th Street (the "Property"), and more particularly described in Exhibit A, <br />upon which stormwater treatment measures are located or to be constructed; and <br />WHEREAS, the City is the permittee, public agency with jurisdiction over the Property. <br />WHEREAS, the Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or <br />any other persons, including any homeowners association (hereinafter referred to as "Property Owner") <br />recognizes that the stormwater treatment measure(s) more particularly described and shown on Exhibit B, of <br />which full-scale plans and any amendments thereto are on file with the Engineering and Transportation <br />Department of the City of San Leandro must be installed and maintained as indicated in this Agreement and as <br />required by the NPDES permit. <br />WHEREAS, the City and the Property Owner agree that the health, safety and welfare of the citizens of <br />the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be <br />constructed and maintained on the Property; and <br />WHEREAS, the City's Stormwater Management Ordinance, guidelines, criteria and other written <br />directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or comparable <br />document, be constructed and maintained by the Property Owner <br />THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City's <br />approval of the Project, the Property Owner hereby covenants and agrees with the City as follows: <br />SECTION 1: CONSTRUCTION OF TREATMENT MEASURES <br />The on-site stormwater treatment measure(s) shown on the Site Plan or comparable document shall be <br />
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