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Inst 2013170593
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Inst 2013170593
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Last modified
6/10/2013 1:36:20 PM
Creation date
6/10/2013 1:34:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/10/2013
Recorded Document Type
Stormwater Treatment
Retention
PERM
Document Relationships
Inst 2009087120
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2009
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, t <br /> STORMWATER TREATMENT MEASURES <br /> MAINTENANCE AGREEMENT <br /> RECITALS <br /> This Stormwater Treatment Measures Maintenance Agreement("Agreement") is entered <br /> into this April 10, 2013_by and between the City of San Leandro("City")and The Rosalinde <br /> and Arthur Gilbert Foundation a property owner of real property described 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,The Rosalinde and Arthur Gilbert Foundation,is the <br /> owner of real property commonly known as 2013 Farallon Drive, San Leandro, CA(the <br /> "Property"), and more particularly described in Exhibit A,upon which stormwater treatment <br /> 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 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 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 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 /> WHEREAS, there exists a Stormwater Treatement Measure Maintenance Agreement for <br /> 2013 Farallon Drive recorded in 2009.The two agreements for the subject property are independent of <br /> each other,and the new agreement does not supersede the 2009 agreement. <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 /> 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 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 <br /> otherwritten direction. The stormwater treatment measures that are the subject of this agreement are <br /> J �' <br /> F:\FILES\2013 Farallon-North Face\0 M Agreement for treat meas-4-10-13.doc 1 <br />
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