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<br />DUPLICATE ORIGINAL <br /> <br />STORMWATER TREATMENT MEASURES <br />MAINTENANCE AGREEMENT <br />(1500 Seaport Boulevard, Redwood City, California 94063) <br /> <br />RECITALS <br /> <br />THIS STORMWATER TREATMENT MAINTENANCE AGREEMENT ("Agreement") <br />is made and entered into May l!i", 2008, by and between the City of Redwood City ("City") <br />and PDL BioPharma, Inc. ("POL"), the lessee in possession of the real property described in <br />this Agreement. <br /> <br />A. On February 19, 2003, the Regional Water Quality Control Board, San <br />Francisco Bay Region, adopted Order R2-2003-0023, amending the San Mateo Countywide <br />NPDES Municipal Stormwater Permit (Order 99-059, CAS0029921) the "NPOES Permit." <br /> <br />B. Provision C.3. of the NPDES Permit, and as it may be amended or reissued, <br />requires the permittee public agencies to provide minimum verification and access <br />assurances that all treatment measures shall be adequately operated and maintained by <br />entities responsible for the stormwater treatment measures. <br /> <br />C. SRI Eight Pacific Shores LLC (hereinafter referred to as "SRI" or "Property <br />Owner") is the owner of real property and the building and the other improvements thereon <br />commonly known as 1500 Seaport Boulevard, Redwood City, California 94063 (the <br />"Property"), as more particularly described in Exhibit "A" attached hereto, and <br />incorporated herein by this reference. <br /> <br />D. SRI (as successor-in-interest to Pacific Shores Investors, LLC), as lessor, <br />and PDL, as lessee, are parties to that certain Triple Net Space Lease dated July 6, 2006 <br />("Lease"), whereby PDL has leased the Property from Property Owner pursuant to the terms <br />and conditions more fully described in the Lease. <br /> <br />E. The term of the Lease is for approximately fifteen (15) years, expiring on <br />December 31, 2021 ("Lease Term"); provided, however, PDL has an option to extend the <br />Lease Term for two (2) consecutive periods of five (5) years each, subject to the terms and <br />conditions of the Lease. <br /> <br />F. In accordance with the terms of the Lease, PDL has constructed certain <br />improvements at the Property. Attached hereto as Exhibit "8", and incorporated herein by <br />this reference, is a partial site plan of the Property (the "Site Plan") showing the chemical <br />detection sensor, control box and automatic shut-off valve (collectively, the "Stormwater <br />Treatment Measures") that have been installed on the Property in connection with CP-5 <br />Site Landscaping and Civil Drawings, B07-0064 and CP07-0027. <br /> <br />G. The City is the permittee public agency with jurisdiction over the Property. <br /> <br />H. PDL recognizes that the Stormwater Treatment Measures shown on Site <br />Plan, of which full-scale plans and any amendments thereto are on file with the Engineering <br />& Construction Services of the City of Redwood City, must remain installed and maintained <br /> <br />ATTY/AGR/2008.032 <br />050608 <br /> <br />2 <br />