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RecDoc 2010-028132
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RecDoc 2010-028132
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Last modified
4/2/2010 9:45:09 AM
Creation date
3/30/2010 4:08:39 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Stormwater Treatment Maintenance Agreement
Doc Num
2010-028132
Rec Date
3/12/2010
Address
949 Veterans Blvd. RWC
Parties
In-N-Out Burgers
File Num
2010-028132
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<br />Property Owner. The Property Owner will provide for the removal and disposal of <br />accumulated sediments. Disposal of accumulated sediments shall not occur on the <br />Property. Any disposal or removal of accumulated 'sediments or debris shall be in <br />compliance with all federal, state and local law and regulations. <br /> <br />5. Annual Inspection and Report. The Property Owner shall, on an annual basis, <br />complete the Treatment Measure Operation and Maintena~ce Inspection Report. The <br />Annual Report shall include all completed Inspection and Maintenance Checklists for the <br />reporting period and shall be submitted to the 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. The Annual Report shall be submitted no later than <br />December 31 of each year, under penalty of perjury, to Office of the City Engineer, 1017 <br />Middle field Road, Redwood City, CA 94063 or another member of the City staff as <br />directed by the City. The Property Owner shall provide in the Annual Report a record of <br />the volume of all accumulated sediment removed as a result of the treatment <br />measure(s). The Property Owner shall conduct a minimum of one (1) annual inspection of <br />the stormwater treatment measure(s) before the wet season. This inspection shall occur <br />between August 1 st and October 1 st each year. More frequent inspections may be <br />required. The results of inspections shall be recorded on the Annual Inspection Report. <br /> <br />6. Necessary Chanqes and Modifications. At its sole expense, the Property Owner <br />shall make changes or modifications to the stormwater treatment measure(s) as may be <br />determined as reasonably necessary by the City to ensure that treatment measures are <br />properly maintained and continue to operate as originally designed and approved. <br /> <br />7. Access to the Property. The Property Owner hereby grants permission to the City; <br />the San Francisco Bay Regional Water Quality Control Board (Regional Board); the San <br />Mateo County Mosquito Abatement District (Mosquito Abatement District); and their <br />authorized agents and employees to enter upon the Property at reasonable times and in a <br />reasonable manner to inspect, assess or observe the stormwater treatment measure( s) in <br />order to ensure that treatment measures are being properly maintained and are continuing <br />to perform in an adequate manner to protect water quality and the public health and safety. <br />This includes the right to enter upon the Property whenever there is a reasonable basis to <br />believe that a violation of this Agreement, the City's stormwater management ordinance, <br />guidelines, criteria, other written direction, or the San Mateo Countywide NPDES <br />Municipal Stormwater Permit (Regional Board Order 99-059, as amended by Regional <br />Board Order R2-2003-0023, and any amendments or re-issuances of the NPDES Permit) <br />is occurring, has occurred or threatens to occur. The above listed agencies also have a <br />right to enter the Property when necessary for abatement of a public nuisance or <br />correction of a violation of the ordinance guideline, criteria or other written direction. The <br />City, Regional Board, or the Mosquito Abatement District shall provide reasonable (as <br />may be appropriate for the particular circumstances) notice to the Property Owner before <br />entering the property. <br /> <br />8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to <br />maintain the stormwater treatment measure( s) as shown on the approved Site Plan or <br /> <br />ATTY/AGR/2010.011 <br />021810 <br /> <br />4 <br />
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