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Inst 2019164773
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Inst 2019164773
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Last modified
11/27/2019 4:20:11 PM
Creation date
11/27/2019 4:19:50 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/23/2019
Recorded Document Type
Stormwater Treatment
Retention
PERM
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SECTION 12: PERFORMANCE FINANCIAL ASSURANCE <br />The City may request the Property Owner to provide a performance bond, security or other <br />appropriate financial assurance providing for the maintenance of the stormwater treatment <br />measure(s) and HM controls (if any) pursuant to the City's ordinances, guidelines, criteria or written <br />direction. <br />SECTION 13: TRANSFER OF PROPERTY <br />This Agreement shall run with the title to the land. The Property Owner further agrees <br />whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this <br />Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of <br />the Property. <br />SECTION 14: SEVERABILITY <br />The provisions of this Agreement shall be severable and if any phrase, clause, section, <br />subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional <br />by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, <br />this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, <br />paragraph, subdivision, sentence or provision of this Agreement. <br />SECTION 15: RECORDATION <br />This Agreement shall be recorded by the Property Owner, or by the City by mutual <br />agreement, within 15 days after the execution date of this Agreement as stated above among the deed <br />records of the County Recorder's Office of the County of Alameda, California at the Property Owner's <br />expense. <br />SECTION 16: RELEASE OF AGREEMENT <br />In the event that the City determines that the stormwater treatment measures and/or HM <br />controls (if any) located on the Property are no longer required, then the City, at the request of the <br />Property Owner, shall execute a release of this Inspection and Maintenance Agreement, which the <br />Property Owner, or the City by mutual agreement, shall record in the County Recorder's Office at <br />the Property Owner's expense. The stormwater treatment measure(s) and/or HM controls (if any) <br />shall not be removed from the Property unless such a release is so executed and recorded. <br />SECTION 17: EFFECTIVE DATE AND MODIFICATION <br />This Agreement is effective upon the date of execution as stated at the beginning of this <br />Agreement. This Agreement shall not be modified except by written instrument executed by the City <br />and the Property -Owner at the time of modification. Such modifications shall be effective upon the <br />date of execution and shall be recorded. <br />5 <br />K:\OAK LDEV\197051001 -Williams Street -DCT San Leandro\KHA Reports & Documents\Stormwater\O&M\O&M Agreement_Williams.doc <br />
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