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<br />b. The Owners hereby agree to the following maintenance and repair <br />obligations: (a) keep the storm drain free and clear of debris and other materials; (b) <br />maintain and repair the storm drain in good and ordinary working condition so as to allow <br />usage as originally designed; and (c) keep storm drain drainage grates free and clear of <br />debris to allow reasonable flow of water throughout the storm drain. The Owners are not <br />responsible for any maintenance of any portion of the storm drain system located within <br />the dedicated public street, or at any other location other than as expressly described in <br />this agreement. <br /> <br />2. <br /> <br />Sanitary Sewer System <br /> <br />a. Pursuant to this Agreement, the Owners agree to maintain, and connect <br />building sewer lines to serve each of the six lots in the Toyon Way Subdivision, Redwood <br />City, California. <br /> <br />b. The following indicated fixtures may be connected to the proposed <br />residential building sewer for the project including, but not limited to: kitchen sinks, <br />lavatories, bath tubs, showers, laundry tubs, urinals, toilets, dishwashers, garbage <br />disposals, and washing machines. <br /> <br />c. Owners hereby agree to the following Sanitary Sewer line maintenance and <br />repair obligations: (i) keep the Sanitary Sewer line free and clear of debris and other <br />materials; (ii) maintain and repair the Sanitary Sewer line in good and ordinary working <br />condition so as to allow usage as originally designed, and (iii) keep the Sanitary Sewer line <br />free and clear of debris to allow reasonable flow of water throughout the sanitary sewer <br />system. <br /> <br />3. Costs for Maintenance. All costs and expenses of the maintenance and repair <br />work specified in this Agreement hereinabove shall be assumed and be the sole <br />responsibility of the Owners. <br /> <br />4. Operation & Maintenance Responsibility. This Agreement shall serve as the <br />signed statement by the Owners accepting responsibility for operation and maintenance <br />of sewer & stormwater systems as set forth in this Agreement until the responsibility is <br />legally transferred to another person or entity. Before the Property is legally transferred <br />to another person or entity, the Owners shall provide to the City at least one of the <br />following: <br /> <br />a. Written conditions in the sales or lease Agreement requiring the buyer or <br />lessee to assume responsibility for operation and maintenance (O&M) consistent with <br />this provision, which conditions, in the case of purchase and sale Agreements, shall be <br />written to survive beyond the close of escrow; or <br /> <br />b. Written text in project conditions, covenants and restrictions (CCRs) for <br />residential properties assigning O&M responsibilities to the home owners for O&M of <br />the treatment measures; or <br /> <br />c. Any other legally enforceable Agreement or mechanism that assigns <br />responsibility for the maintenance of sewer & stormwater systems. <br /> <br />Atty/Agr/2005.066 <br />083005 <br /> <br />2 <br /> <br />s/Iibrary/agreementslsubdivision agrmtslStormwater Systems Maint AgrmL Toyon Way <br />