RecDoc2023-063039 STMMA Broadway Plaza

Browse Search

that complies with all federal, state, and local law and regulations. Disposal of accumulated sediment or debris will not occur on the Property. 5. Annual Inspection and Report. Developerwill, on an annual basis, complete a Treatment Measure Operation and Maintenance Inspection Report ("Annual Report"). The Annual Report will include all completed Inspection and Maintenance Checklists for the reporting period and will be submitted to City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this Agreement. Developer will submit the Annual Report no later than December 31 of each year, under penalty of perjury, to Office of the City Engineer, 1017 Middlefield Road, Redwood City, CA 94063, or another member of City staff as directed by City. The Annual Report will include a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). Developerwill conduct a minimum of one (1) annual inspection of the stormwater treatment measure(s) between August 1St and October 1St each year. City may require more frequent inspections. The results of inspections will be recorded on the Annual Inspection Report. 6. Necessafy Changes and Modifications. At its sole expense, Developer will make changes or modifications to the stormwater treatment measure(s) as City reasonably determines are necessary to ensure that the stormwater treatment measure(s) are properly maintained and continue to operate as originally designed and approved. 7. Access to the Property_. Developer hereby grants permission to City; the San Francisco Bay Regional Water Quality Control Board (the "Regional Board"); the San Mateo County Mosquito Abatement District (the "Mosquito Abatement District"); and their authorized agents and employees to enter the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that the stormwater treatment measure(s) are being properly maintained and are continuing to perform in a manner adequate to protect water quality and the public health and safety. This includes the right to enter the Property whenever there is a reasonable basis to believe that a violation of this Agreement, 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 may also enter the Property when necessary for abatement of a public nuisance or correction of a violation of City Stormwater Regulations. City, the Regional Board, or the Mosquito Abatement District will provide reasonable (as may be appropriate for the particular circumstances) notice to Developer before entering the Property. 8. Failure to Maintain Treatment Measures. In the event Developer fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan in good working order acceptable to City and in accordance with the Inspection and Maintenance Checklist, then subject to the notice and cure provisions set forth below, the City and its authorized agents and employees with prior notice, may enter the Property and take whatever steps it deems necessary and appropriate to return the stormwater treatment measure(s) to good working order. Prior to taking any such corrective action, the City agrees to notify the Developer in writing of the claimed deficiencies and the actions which must be taken to cure such deficiencies. Upon notification of such deficiencies, the Developer shall REV: 4-12-2023 SK ATTY/AGR.2023.072/SI XX, LLC (Broadway Plaza STMMA) (Page 3 of 55)