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STORMWATER TREATMENT MEASURES AND <br /> HYDROMODIFICATION MANAGEMENT <br /> CONTROLS MAINTENANCE AGREEMENT <br /> RECITALS <br /> This Stormwater Treatment Measures and Hydromodification Management(HM) <br /> Controls Maintenance Agreement("Agreement")is entered into this '`///a,$//0 , by <br /> and between the City of San Leandro("City")and Costco Wholesale Corporation,a property <br /> owner of real property described in this Agreement. <br /> WHEREAS,On November 19,2015,the Regional Water Quality Control Board,San <br /> Francisco Bay Region,adopted Order R2-2015-0049,the Municipal Regional Stormwater Permit <br /> (MRP)(CAS612008);and <br /> WHEREAS,Provision C.3.h of this MRP,and as it may be amended or reissued,requires <br /> the permittee public agencies to provide minimum verification and access assurances that all <br /> treatment measures and HM controls(if any)shall be adequately operated and maintained by entities <br /> responsible for the stormwater treatment measures and HM controls;and <br /> WHEREAS,the Property Owner,Costco Wholesale Corporation,is the owner of real <br /> property commonly known as 1900 Davis Street, San Leandro,CA 94577 (the "Property"),and <br /> more particularly described in the attached legible reduced-scale copy of the Site Plan or <br /> comparable document(Exhibit A)upon which stormwater treatment measures and HM controls <br /> (if any)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)and HM controls(if any) <br /> more particularly described and shown on Exhibit B,of which full-scale plans and any amendments <br /> thereto are on file with the Engineering and Transportation Department of the City of San Leandro <br /> must be installed and 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) and HM controls (if any) <br /> detailed in the Site Plan or 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) and HM controls (if any), as <br /> shown on the approved Site Plan or comparable document, be constructed and maintained by the <br /> 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 Site Plan,the Property Owner hereby covenants and agrees with the City <br /> as follows: <br /> SECTION 1: CONSTRUCTION OF TREATMENT MEASURES AND HM CONTROLS <br /> The on-site stormwater treatment measure(s) and HM controls (if any) shown on the Site <br /> Plan or comparable document shall be constructed by the Property Owner in strict accordance with <br /> the approved plans and specifications identified for the development and any other requirements <br /> 1 6214.010.doc <br />