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• STOI4MWATER TREATMENT MEASURES MAINTENANCE AGREEMENT RECITALS This ktormwater Treatment Measures Maintenance Agreement ("Agreement ") is entered into this t 2 day of A1us -(- , 2009 by and between the City of San Leandro ( "City ") and Fairway San Leandro, LLC, a property owner of real property described in this Agreement. WHEREAS, 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 C.3.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 stormwater treatment measures; and WHEREAS, the Property Owner, Fairway San Leandro, LLC, is the owner of real property commonly known as 1991 Fairway Drive (the "Property "), and more particularly described in 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. WHEREAS, 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 13, 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 stormwater 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 Project, the Property Owner hereby covenants and agrees with the City as fol lows: SECTION L: CONSTRUCTION OF TREATMENT MEASURES 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, criteria and other written direction.