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r r <br /> STORMWATER TREATMENT MEASURES <br /> MAINTENANCE AGREEMENT <br /> THE PRESERVE TOWNHOMES <br /> RECITALS <br /> THIS STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT <br /> ( "Agreement ") is made and entered into May 19, 2011, by and between the City of <br /> Redwood City ( "City ") and KB Home South Bay Inc., a California Corporation and The <br /> Preserve at Redwood Shores Owners' Association, a Nonprofit Mutual Benefit <br /> Corporation ( "Property Owners "), property owners of real property described in this <br /> Agreement. <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 <br /> Countywide NPDES Municipal Stormwater Permit (Order 99 -059, CAS0029921) the <br /> "NPDES Permit"; and <br /> B. Provision C.3.e.ii. of the NPDES Permit, and as it may be amended or <br /> reissued, requires the permittee public agencies to provide minimum verification and <br /> access assurances that all treatment measures shall be adequately operated and <br /> maintained by entities responsible for the stormwater treatment measures; and <br /> C. The Property Owner is the owner of real property commonly known as <br /> The Preserve Townhomes (the "Property"), and more particularly described in Exhibit <br /> "A ", and incorporated herein by this reference. <br /> D. Attached hereto as Exhibit "B ", and incorporated herein by this reference, <br /> is a legible reduced -scale copy of the Site Plan or comparable document showing the <br /> stormwater treatment measures that are to be located or to be constructed on the <br /> Property, hereinafter referred to as the "Site Plan "; and <br /> E. Attached hereto as Exhibit "C" and incorporated herein by this reference, <br /> is an "Inspection and Maintenance Checklist" which describes the homeowner's <br /> maintenance activities to be performed pursuant to this agreement. <br /> F. The City is the permittee public agency with jurisdiction over the Property. <br /> G. The Property Owner recognizes that the stormwater treatment measure(s) <br /> more particularly described and shown on Site Plan, of which full -scale plans and any <br /> amendments thereto are on file with the Engineering & Construction Services of the City of <br /> Redwood City must be installed and maintained as indicated in this Agreement and as <br /> required by the NPDES Permit. <br /> H. The City and Property Owner agree that the health, safety and welfare of the <br /> citizens of the City require that the stormwater treatment measure(s) detailed in the Site <br /> Plan or comparable document be constructed and maintained on the Property; and <br /> -2- <br />