Agmt07 Stanford Hospital Clinics - Stormwater Treatment Measures Maintenance Agmt.

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5. Annual Inspection and Report. The Property Owner shall, on an annual basis, complete a Treatment Measure Operation and Maintenance Inspection Report. This Annual Inspection Report shall include all completed Inspection and Maintenance Checklists for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this Agreement. The Annual Inspection Report shall be submitted no later than December 31 of each year, under penalty of pe~ury, to [insert name or title of City staff member, department and address] or another member of the City staff as directed by the City. The Property Owner shall provide in the Annual Inspection Report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). The Property Owner shall conduct a minimum of one (1) annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August 1st and October 1st each year. The Property Owner shall record the results of inspections on the Annual Inspection Report. 6. Necessary Changes and Modifications. If the City determines that changes or modifications to the stormwater treatment measure(s) and/or Maintenance Plan (Exhibit C) are reasonably necessary to ensure that the treatment measures are properly maintained and continue to operate as originally designed and approved by the City, the City shall notify the Property Owner in writing of such determination and of the changes/modifications the City believes to be necessary. The Property Owner may, at its sole expense, make the recommended changes and modifications. Alternatively, the Property Owner may, also at its sole expense, haven an independent storm water consultant (approved by the City) review the recommended changes and modifications and make only those changes and modifications recommended by the consultant. Any disputes regarding the adequacy of the changes or modifications to the stormwater treatment measures shall be submitted to the State Water Resources Control Board ("State Board") for resolution and any decision by the Executive Officer of the State Board shall be binding on all parties to this Agreement. 7. Access to the Property. The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (Regional Board); the San Mateo County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times, in a reasonable manner and with reasonable notice to Property Owner (not less than 24 hours) for the purpose of verifying that the property Owner is adequately maintaining the stormwater treatment measures in accordance with the Maintenance Plan (Exhibit C). 8. Failure to Maintain Treatment Measures. In the event the City determines that Property Owner has failed to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in good working order in accordance with the Maintenance Plan (Exhibit C), the City shall provide Property Owner with written notice detailing the alleged failure and providing Property Owner no less than sixty (60) days to remedy it. If Property Owner does not remedy the alleged failure, the City may refer the matter to the State Board for appropriate enforcement action under the state's -4-