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~R,1'IV1'ATER TREATMENT ME.4SUR~ MAINTENANCE AGREEMENT RECITALS This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this Apr i 1 4 , 2 0 0 5 ,by and between the City of San Leandro ("City") and Hennigan Construction, Inc, a property owner of real property described in this Agreement. ~'~'HEREAS, On February 19, 2003, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2003-0021, CAS0029831, reissuing the Alameda Countywide NPDES municipal stormwater permit for the Alameda Countywide Clean Water Program; and WHEREAS, Provision C3.e.ii. of this NPDES permit, and as it may be amended or reissued, requires the permittee public agencies to provide minimum verification and access assurances that all treatment measures shall be adequately operated and maintained by entities responsible for the stonnwater treatment measures; and WHEREAS, the Property Owner, Hennigan Construction, Inc, is the owner of real property commonly known as 1057 MacArthur Blvd (the "Property"), and more particularly described in the attached legible reduced-scale copy of the Site Plan or comparable document (Exhibit A) upon which stormwater treatment measures are located or to be constructed; and WHEREAS, the City is the permittee, public agency with jurisdiction over the Property. ~'~'HEREAS, the Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as "Property Owner") recognizes that the stormwater treatment measure(s) more particularly described and shown on Exhibit A, of which full-scale plans and any amendments thereto are on file with the Engineering and Transportation Department of the City of San Leandro must be installed and maintained as indicated in this Agreement and as required by the NPDES permit. WHEREAS, the City and the Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and WHEREAS, the City's stormwater Management Ordinance, guidelines, criteria and other written directions require that the stonnwater treatment measure(s), as shown on the approved Site Plan or comparable document, be constructed and maintained by the Property Owner THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City's approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASLrRES The on-site stormwater treatment measure(s) shown on the Site Plan or comparable document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, cnter-ia and other written direction. Gi_LD1_Tracl Map B Panel MaplTM7452-Evergreen Nursey\0 8 M Agreemenl,doc