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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)
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\City Clerk\City Council\Recorded Documents\2013
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. w <br />SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY <br />This agreement shall serve as the signed statement by the Property Owner accepting <br />responsibility for operation and maintenance of stormwater treatment measures as set forth in this <br />Agreement until the responsibility is legally transferred to another entity. Before the Property is <br />legally transferred to another entity, the Properly Owner shall provide to the City at least one of <br />the following: <br />1) A signed statement from the public entity assuming post-construction responsibility for <br />treatment measure maintenance and that the treatment measures meet all local agency design <br />standards; or <br />2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume <br />responsibility for operation and maintenance (O&M) consistent with this provision, which <br />conditions, in the case of purchase and sale agreements, shall be written to survive beyond the <br />close of escrow; or <br />3) Written tent in project conditions, covenants and restrictions (CCRs) for residential <br />properties assigning O&M responsibilities to the home owners association for O&M of the <br />treatment measures; or <br />4) Any other legally enforceable agreement or mechanism that assigns responsibility for the <br />maintenance of treatment measures. <br />SECTION 3: MAINTENANCE OF TREATMENT MEASURES <br />The Property Owner shall not destroy or remove the stormwater treatment measures from <br />the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, <br />and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good <br />working order acceptable to the City and in accordance with the maintenance plan agreed hereto <br />and attached as Exhibit C. This includes all pipes, channels or other conveyances built to convey <br />stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation <br />provided to control the quantity and quality of the stormwater. Adequate maintenance is herein <br />defined as maintaining the described facilities in good working condition so that these facilities <br />continue to operate as originally designed and approved. The maintenance plan shall include a <br />detailed description of and schedule for long-term maintenance activities. <br />SECTION 4: SEDIMENT MANAGEMENT <br />Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) <br />will be managed appropriately by the Property Owner. The Property Owner will provide for the <br />removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur <br />on the Property, unless provided for in the maintenance plan. Any disposal or removal of <br />accumulated sediments or debris shall be in compliance with all federal, state and local law and <br />regulations. <br />SECTION 5: ANNUAL INSPECTION AND REPORT <br />The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and <br />Maintenance Inspection Report (annual report), attached to this agreement as Exhibit D. The annual <br />report shall include all completed Inspection and Maintenance Checklists for the reporting period and <br />shall be submitted to the City in order to verify that inspection and maintenance of the applicable <br />stormwater treatment measure(s) have been conducted pursuant to this agreement. The annual report <br />shall be submitted no later than December 31 of each year, under penalty of perjury, to the City <br />Engineer, 835 East 14~' Street, San Leandro, CA 94577 or another member of the City staffas directed <br />by the City. The Property Owner shall provide a record of the volume of all accumulated sediment <br />removed from the treatment measure(s) in the annual report. The Property Owner shall conduct a <br />
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