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4. Sediment Management. Developer will appropriately manage sediment <br />accumulation resulting from the normal operation of the stormwater treatment measure(s). <br />Developer will provide for the removal and disposal of accumulated sediment in a manner <br />that complies with all federal, state and local law and regulations. Disposal of accumulated <br />sediment or debris will not occur on the Property. <br />5. Term. This Agreement will commence immediately upon the Effective Date <br />and will continue in perpetuity until and unless terminated by City. <br />6. Annual Inspection and Report. Developer will, on an annual basis, complete <br />a Treatment Measure Operation and Maintenance Inspection Report ("Annual Report"). <br />The Annual Report will include all completed Inspection and Maintenance Checklists for <br />the reporting period and will be submitted to City in order to verify that inspection and <br />maintenance of the applicable stormwater treatment measure(s) have been conducted <br />pursuant to this Agreement. Developer will submit the Annual Report no later than <br />December 31 of each year, under penalty of perjury, to Office of the City Engineer, 1017 <br />Middlefield Road, Redwood City, CA 94063 or another member of City staff as directed by <br />City. The Annual Report will include a record of the volume of all accumulated sediment <br />removed as a result of the treatment measure(s). Developer will conduct a minimum of <br />one (1) annual inspection of the stormwater treatment measure(s) between August 1st and <br />October 1st each year. City may require more frequent inspections. The results of <br />inspections will be recorded on the Annual Inspection Report. <br />7. Necessary Changes and Modifications. At its sole expense, Developer will <br />make changes or modifications to the stormwater treatment measure(s) as City reasonably <br />determines are necessary to ensure that the stormwater treatment measure(s) are properly <br />maintained and continue to operate as originally designed and approved. <br />8. Access to the Property. Developer hereby grants permission to City; the San <br />Francisco Bay Regional Water Quality Control Board (the 'Regional Board"); the San Mateo <br />County Mosquito Abatement District (the "Mosquito Abatement District'); and their authorized <br />agents and employees to enter the Property at reasonable times and in a reasonable manner <br />to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that <br />the stormwater treatment measure(s) are being properly maintained and are continuing to <br />perform in a manner adequate to protect water quality and the public health and safety. This <br />includes the right to enter the Property whenever there is a reasonable basis to believe that <br />a violation of this Agreement, City Stormwater Regulations, or the NPDES Permit, and any <br />amendments or re -issuances of the NPDES Permit is occurring, has occurred or threatens <br />to occur. The above listed agencies may also enter the Property when necessary for <br />abatement of a public nuisance or correction of a violation of City Stormwater Regulations. <br />City, the Regional Board, or the Mosquito Abatement District will provide reasonable (as <br />may be appropriate for the particular circumstances) notice to Developer before entering <br />the property. <br />9. Failure to Maintain Treatment Measures. In the event Developer fails to <br />maintain the stormwater treatment measure(s) as shown on the approved Site Plan in good <br />working order acceptable to City and in accordance with the Inspection and Maintenance <br />Checklist, City and its authorized agents and employees may enter the Property and take <br />REV: 06-10-22 SK <br />ATN/AGR.2022.1 33/County of San Mateo (275 Blomquist - County Navigation Center) (Page 3 of 20) <br />