RecDoc 2019-026560 STMMA 707 Bradford

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hours' written notice for any other inspection pursuant to this Agreement whenever there is a reasonable basis to believe that a violation of this Agreement, the City Stormwater Regulations, or the NPDES Permit, 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 reasonable (as may be appropriate for the particular circumstances) notice to the Property Owner before entering the property; provided, that the Mosquito Abatement District shall provide not less than forty eight (48) hours' written notice to the Property Owner. 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, in its reasonable discretion in accordance with the Inspection and Maintenance Checklist, the City, and its authorized agents and employees with reasonable notice, may enter the Property during reasonable business hours upon twenty-four (24) hours' written notice. Such notice will not be necessary if emergency conditions exist. Except in the case where emergency conditions exist, if the City desires to take whatever steps it deems necessary and appropriate to return the stormwater treatment measure(s) to good working order, it shall first provide notice of such intended steps to Property Owner and provide Property Owner with 10 business days to perform such steps at its own expense. Such notice 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 without the prior written approval of the Property Owner, such approval not to be unreasonably withheld. 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 pursuant to 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 for the costs incurred by the City hereunder within thirty (30) days of demand and supply of copies of all invoices for such costs and proof of staff time as determined by the City. 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. Any lien in favor of the City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of the City created or ATN/AGR/2019.061/MP BRADFORD ASSOCIATES, L.P., STMMA REV: 03-20.19 PR Page 4 of 8