RecD08 2008-065937 - Laserfiche WebLink

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5. Necessary Chanqes and Modifications. At its sole expense, POL shall make changes or modifications to the Stormwater Treatment Measures to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved. 6. Access to the Property. Subject to the reasonable security measures of POL, POL 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 and in a reasonable manner and upon no less than five (5) business days' prior written notice to the POL to inspect or observe the Stormwater Treatment Measures in order to ensure that 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 as aforesaid to determine if a violation of this Agreement, the City's stormwater management ordinance, guidelines, criteria, other written direction, or the San Mateo Countywide NPDES Municipal Stormwater Permit (Regional Board Order 99-059, as amended by Regional Board Order R2-2003- 0023, 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 ordinance guideline, criteria or other written direction. The City, Regional Board, or the Mosquito Abatement District shall provide reasonable (as may be appropriate for the particular circumstances) notice to POL before entering the Property. 7. Failure to Maintain Treatment Measures. In the event POL fails to maintain the Stormwater Treatment Measures as shown on the Site Plan in good working order in accordance with this Agreement, the City shall give POL written notice of such failure, specifying in detail the basis upon which the City claims such failure. In the event that the POL does not cure such failure within thirty (30) days after written notice thereof from the City (or, if the failure cannot by its nature be cured within the thirty (30) day period, if POL fails to commence to cure such failure within the thirty (30) day period and thereafter diligently prosecute such cure to completion), or disputes that such failure has occurred by written notice of such dispute to the City within such thirty (30) day period, the City and its authorized agents and employees with reasonable notice, may enter the Property and take reasonable and necessary action to return the Stormwater Treatment Measures to good working order. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property or to otherwise perform any work or other improvements to the Property or any improvements, facilities or equipment thereon other than the Stormwater Treatment Measures as shown on the Site Plan. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Stormwater Treatment Measures and in no event shall this Agreement be construed to impose any such obligation on the City. The City shall indemnify, hold harmless and defend POL and its authorized agents from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees and costs, that are alleged or proven to result or arise from the exercise by the City of its rights pursuant to this Section 7. 8. Reimbursement of the City Expenditures. In the event the City performs work of any nature (direct or indirect), including any re-inspections or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 7, or expends any funds pursuant to Section 7 above, within thirty (30) days after demand A TTY/AGR/2008.032 050608 4