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Inst 2009087120
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Inst 2009087120
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Last modified
6/10/2013 2:13:11 PM
Creation date
4/13/2009 1:39:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/10/2009
Recorded Document Type
Stormwater Treatment
Retention
PERM
Document Relationships
Inst 2013170593
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2013
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~~ <br />STORMWATER TREATMENT MEASURES <br />MAINTENANCE AGREEMENT <br />RECITALS <br />This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered <br />into this ~ ~~~~~' day of ~ °js2.1-~~-~ , 200~by and between the City of San <br />Leandro ("City") and he Arthur and Rosalinde Gilbert Foundation, a property owner of real ~ <br />property described in this Agreement. <br />WHEREAS, On February 19, 2003, the Regional Water Quality Control Board, San <br />Francisco Bay Region, adopted Order R2-2003-0021, CAS002983 ],reissuing the Alameda <br />Countywide NPDES municipal stormwater permit for the Alameda Countywide Clean Water <br />Program; and <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 />WHEREAS, the Property Owner, rthur and Rosalinde Gilbert Foundation, is the ~.~' <br />owner of real property commonly known as 2013 Farallon Drive (the "Property"), and more <br />particularly described in Exhibit A, upon which stormwater treatment measures are located or to <br />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, <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 B, 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 permit. <br />WHEREAS, the City and the Property Owner agree that the health, safety and welfare of the <br />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 />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 />THEREFORE, in consideration of the benefit received by the Property Owner as a result of <br />the City's approval of the Project, the Property Owner hereby covenants and agrees with the City as <br />follows: <br />SECTION 1: CONSTRUCTION OF TREATMENT MEASURES <br />The on-site stormwater treatment measure(s) shown on the Site Plan or comparable <br />document shall be constructed by the Property Owner in 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 appropriate City ordinances, guidelines, criteria and other <br />written direction. <br />
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