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5 <br />z y <br />STORMWATER TREATMENT MEASURES <br />MAINTENANCE AGREEMENT <br />RECITALS <br />Z,vt v <br />This Styormwater Treatment Measures Maintenance Agreement ("Agreement") is entered <br />into this ~ ~ day of 3 ~~~ , ~y and between the City of San Leandro <br />("City") and Estabrook Senior Housing, L.P. ,property owners of real property described in <br />this Agreement. <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 />WHEREAS, Provision C.3.e.ii. of this NPDES permit, and as it maybe amended or <br />reissued, requires the pernuttee 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 Owners, Estabrook Senior Housing, L.P., are the owners of <br />real property commonly known as 2103 - 2121 East 14th Street (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 Owners, their administrators, co-owners, executors, successors, <br />heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as <br />"Property Owners") 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 pemrit. <br />WHEREAS, the City and the Property Owners 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 />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 Owners <br />THEREFORE, in consideration of the benefit received by the Property Owners as a result <br />of the City's approval of the Project, the Property Owners hereby covenant and agree with the City <br />as 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 Owners 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 />G:\_LD\_Address\E\East 14th St 2121 (Senior Housing)\O & M Agreement - 2103 E. 14th St.doc <br />