RecDoc 2021-139036 477 Upland Road Sanitary Sewer Maintenance

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Private Improvements and Public Improvements are collectively referred to herein as the "Improvements" and will be constructed to -pass through a private easement on the adjacent properties, 475 Upland Road 94062 and 116 Stanley St. Redwood City CA 94062, to connect to City's sewer main on Stanley Street ("Maintenance Area") as the Improvements and Maintenance Area are more specifically shown on Exhibit "B" (Conceptual Plans) attached hereto and by this reference made a part hereof. Minor modifications to Exhibit B may occur with the prior written consent of the City. G. Property Owner understands and agrees that it will not allow any other property to connect to the Private Improvements. H. The City and the Property Owner desire to enter into an agreement pursuant to which the Property Owner will install and maintain the Improvements within the Maintenance Area as both are depicted on Exhibit "B" and as more specifically described in this Agreement. I:Cfi.10TRa _�Ii l NOW, THEREFORE, the City and the Property Owner (together, the "Parties") hereby agree as follows: 1. PURPOSE OF AGREEMENT LIMITS ON DISCHARGES. The purpose of this Agreement is to assure the proper installation, maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Improvements by the Property Owner at its expense in accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth herein. Only discharges consistent with effluent produced by one single family home and its associated permitted structures and uses shall be allowed to discharge into and benefit from the private sewage utilities and City's waste water collection system. Discharges from the Property or benefits to the Property that is not specifically stated in this agreement shall not be permitted. 2. IMPROVEMENTS AS A BENEFIT. The Property Owner agrees that the Improvements will materially and solely benefit the Property and that Property Owner's maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement is necessary for approval of the Property Owner's Construction Plans and Encroachment Permit. 3. PROPERTY OWNER'S RESPONSIBILITIES. a. Property Owner, at its sole expense, shall maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Private Improvements as well as perform all necessary service on maintenance equipment, in order to ensure the condition and safety of any and all structures, and the efficient operation of all of the Private Improvements, all in accordance with the Maintenance Standards described in Section 4 below, and industry, State regulations and State issued permits and City's Ordinances and City standards applicable to similar improvements and utilities service. b. Prior to upgrading sewer lateral connection and sewer infrastructure, Property Owner shall conduct a condition assessment and video record of existing sewer pipes downstream of the proposed sewer connection in accordance to City's Engineering Standards. Prior to discharge and after installation, Property Owner shall video record all newly installed sewer infrastructure and existing sewer pipes downstream in accordance with City's Engineering Standards. C. Property Owner shall raise the new sewer manhole rim during street resurfacing improvement projects as directed by the City. In the event the Property Owner fails to raise the sewer manhole rim, the City shall have the right to do so and receive reimbursement from the Property Owner REV: 08-26-20215K ATTY/AGR.2021.117/Other (Page 2 of 21)