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7.1.N. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> July 27, 2015 <br /> SUBJECT <br /> Stormwater Treatment Measure Maintenance Agreement — 740 Bay Road <br /> RECOMMENDATION <br /> By motion, approve and authorize the City Manager to execute a Stormwater Treatment <br /> Measures Maintenance Agreement with BMR -Bay, LP. <br /> BACKGROUND <br /> BMR -Bay, LP is the Owner of Record of real property located at 740 Bay Road, and is <br /> the developer responsible for the construction of all improvements on the site. The <br /> owner submitted tentative improvements for the remodel of the interior of the structure, <br /> and site work for additional support facilities. <br /> ANALYSIS <br /> The owner, BMR -Bay LP, has developed improvement plans for the subject property to <br /> the satisfaction of the City's Engineering Division, that adequately shown the <br /> improvements to be maintained by this agreement. All improvements are to be built in <br /> conformance with the improvement plans. <br /> In order to comply with the Municipal Regional Permit, the City must verify that all <br /> stormwater treatment devices to be installed within the City are adequately maintained. <br /> While maintenance is the responsibility of the property owner, the City must complete <br /> inspections of every stormwater treatment device in the City at least once every five <br /> years in order to verify that proper maintenance is occurring. The Stormwater <br /> Treatment Measures Maintenance Agreement describes the maintenance and reporting <br /> responsibilities of the property owner, and allows for City staff to access the property in <br /> order to inspect the treatment measures. <br /> ALTERNATIVES <br /> Council may choose not to approve the Stormwater Treatment Measures Maintenance <br /> Agreement, which would diminish the authority of City to access the property, and ability <br /> to comply with the Municipal Regional Permit. <br />