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Inst 2010301692
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Inst 2010301692
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11/22/2010 9:14:26 AM
Creation date
11/22/2010 9:14:23 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2009
Recorded Document Type
Stormwater Treatment
Retention
PERM
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• <br /> STOI4MWATER TREATMENT MEASURES <br /> MAINTENANCE AGREEMENT <br /> RECITALS <br /> This ktormwater Treatment Measures Maintenance Agreement ("Agreement ") is entered <br /> into this t 2 day of A1us -(- , 2009 by and between the City of San <br /> Leandro ( "City ") and Fairway San Leandro, LLC, a property owner of real property described <br /> in 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 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 stormwater treatment measures; and <br /> WHEREAS, the Property Owner, Fairway San Leandro, LLC, is the owner of real <br /> property commonly known as 1991 Fairway Drive (the "Property "), and more particularly <br /> described in Exhibit A, upon which stormwater treatment measures are located or to be <br /> constructed; and <br /> WHEREAS, the City is the permittee, public agency with jurisdiction over the Property. <br /> WHEREAS, the Property Owner, its administrators, co- owners, executors, successors, <br /> heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as <br /> "Property Owner ") recognizes that the stormwater treatment measure(s) more particularly described <br /> and shown on Exhibit 13, 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 Owner agree that the health, safety and welfare of the <br /> 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 Owner <br /> THEREFORE, in consideration of the benefit received by the Property Owner as a result of <br /> the City's approval of the Project, the Property Owner hereby covenants and agrees with the City as <br /> fol lows: <br /> SECTION L: 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 Owner 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 />
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