AgdaPkt 2015-05-04 Closed Interview and Joint SA and PFA

Browse Search

7.1.B. - Page 46 order to ensure that the stormwater treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property whenever there is a reasonable basis to believe that a violation of this Agreement, the City Stormwater Regulations, or the San Mateo Countywide NPDES Municipal Stormwater Permit (Regional Board Order 99-059, as amended by Regional Board Order R2-2009-0074, and any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the City Stormwater Regulations. The City, Regional Board, or the Mosquito Abatement District shall provide fifteen (15) days written notice to the Property Owner before entering the property, however, 24 hours written notice is sufficient in the event of an emergency affecting public health and safety. 8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan in good working order acceptable to the City and in accordance with the Inspection and Maintenance Checklist, the City shall notify the Property Owner of asserted failure, which notice shall specify the action required of the Property Owner to cure the failure and the date, not less than thirty (30) days after delivery of the notice to the Property Owner, as of which the Property Owner must commence the cure. If Property Owner does not commence the cure within such period, or if the Property Owner, having commenced the cure, fails to diligently pursue it to completion, then the City, and its authorized agents and employees with reasonable notice to Property Owner that (it) has failed to diligently cure the failure, may enter the Property and take whatever steps it reasonably deems necessary and appropriate to return the stormwater treatment measure(s)to good working order. Such notices will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the stormwater treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. 9. Reimbursement of the City Expenditures. In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any re- inspections or any actions it deems necessary or appropriate to return the stormwater treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City demand within thirty (30)days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to, and not in-lieu- of, any and all legal remedies as provided by law, available to the City as a result of the Property Owner's failure to maintain the stormwater treatment measure(s). REV:02-20-15 VR Page 4 of 9 ATTY/AGR.2015.035/SunCap Redwood LLC(STMMA)