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STORMWATER TREATMENT MEASURES <br /> MAINTENANCE AGREEMENT <br /> RECI'T'ALS <br /> This Stormwater Treatment Measures Maintenance Agreement ("Agreement ") is entered <br /> into this 9rh day of April , 2003 by and between the City of San Leandro <br /> ( "City ") and Mark & Nat Landes, property owners of real property described in this <br /> 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 /> WH EREAS, 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 stonnwater treannent measures; and <br /> WII EREAS, the Property Owners, Mark & Nat Landes, are the owners of real property <br /> commonly known as 14340 Washington Ave (the "Property "), and more particularly described <br /> in Exhibit A, 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 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 permit. <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 stonnwater treatment measure(s) detailed in the Site Plan or <br /> comparable document be constructed and maintained on the Property; and <br /> A'HEREAS, the City's Stormwater Management Ordinance, guidelines, criteria and other <br /> written directions require that the stonnwater treatment measure(s), as shown on the approved Site <br /> Plan or comparable document, be constructed and maintained by the Property Owners <br /> TITEREFORE, 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' 1'REATMIENT 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:\ LDLAOGess \WIWaslingbn Ave 1484010 8 M Aceeerneel - 14340 WaslinglM Ave.00c 1 <br />