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order to ensure that the stormwater treatment measures are being properly maintained <br /> and are continuing to perform in an adequate manner to protect water quality and the <br /> public health and safety. This includes the right to enter upon the Property whenever there <br /> is a reasonable basis to believe that a violation of this Agreement, the City Stormwater <br /> Regulations, or the San Mateo Countywide NPDES Municipal Stormwater Permit <br /> (Regional Board Order 99-059, as amended by Regional Board Order R2-2009-0074, and <br /> any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or <br /> threatens to occur. The above listed agencies also have a right to enter the Property when <br /> necessary for abatement of a public nuisance or correction of a violation of the City <br /> Stormwater Regulations. The City, Regional Board, or the Mosquito Abatement District <br /> shall provide reasonable (as may be appropriate for the particular circumstances) notice <br /> to the Property Owner before entering the property. <br /> 8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to <br /> maintain the stormwater treatment measure(s) as shown on the approved Site Plan in <br /> good working order acceptable to the City and in accordance with the Inspection and <br /> Maintenance Checklist, the City shall provide written notice to the Property Owner of such <br /> failure. If within 30 days of delivery of such written notice Property Owner fails to correct <br /> such failure to maintain, or for issues which cannot reasonably be corrected within the 30 <br /> day period as determined by the City, to commence such correction and diligently pursue <br /> until completion, City and its authorized agents and employees with reasonable notice, <br /> may enter the Property and take whatever steps it deems necessary and appropriate to <br /> return the stormwater treatment measure(s) to good working order. Such notice will not be <br /> necessary if emergency conditions require immediate remedial action. This provision shall <br /> not be construed to allow the City to erect any structure of a permanent nature on the <br /> Property. It is expressly understood and agreed that the City is under no obligation to <br /> maintain or repair the stormwater treatment measure(s) and in no event shall this <br /> Agreement be construed to impose any such obligation on the City. <br /> 9. Reimbursement of the City Expenditures. In the event the City, pursuant to this <br /> Agreement, performs work of any nature (direct or indirect), including any re- <br /> inspections or any actions necessary or appropriate to return the stormwater treatment <br /> measure(s) in good working order as indicated in Section 8, or expends any funds in <br /> the performance of said work for labor, use of equipment, supplies, materials, and the <br /> like, the Property Owner shall reimburse the City demand within thirty (30) days of receipt <br /> of the City's reasonable documentation for the costs incurred by the City hereunder. If <br /> these costs are not paid within the prescribed time period, the City may assess the <br /> Property Owner the cost of the work, both direct and indirect, and applicable penalties (if <br /> any) imposed pursuant to local law. Said assessment shall be a lien against the Property <br /> or may be placed on the property tax bill and collected as ordinary taxes by the City. The <br /> actions described in this section are in addition to, and not in-lieu-of, any and all legal <br /> remedies as provided by law, available to the City as a result of the Property Owner's <br /> failure to maintain the stormwater treatment measure(s). <br /> REV: 08-23-16 VR <br /> Page 4 of 8 <br /> ATTY/AGR.2016.231/849 Veterans RWC, LLC - STMMA <br />