AgdaPkt 2013-02-11 - Laserfiche WebLink

Browse Search

6.1.C. - Page 43 6. Necessary Chanqes and Modi#ications. At its soEe expense, the Property Owner sl�all make changes or modifications to the stormwater treatm�nt measure{s} as may be de�ermined to be reasonably necessary by the City to ensure that treatment measures are properly maintained ar�d contir�ue to operate as originally designed and appro�ed. 7. Access to the Proper��. The Proper�y �wr�er hereby grants permission to the City; the San F'rancisco Bay Regional Water Quality Control Board ("Regional Board"); the San Mateo County Mosquito Abatement District {�"Mosq�ito Abatemer�f District"); and their aufhorized agents ar�d employees to enfer upan the Praperty at reasonable times and in a reasonable mar�ner to inspect, assess or absen+e the stormwater treatm�nt measure(s) in order to ens�re that treatment measures are being properly rnaintained and are con#inuing to perForm ir� an adequate manr�er to protect vuafer qua�ity and the public health and safety. This includes the right to enter upan the Property wh�ne�er there is a reasonable basis �o believe that a violatior� of this Agreament, the City's stormwater management ordinance, guidelines, criterEa, other writter� direction, ar the San Mateo Countywide NPDES Mur�icipal Stormwater Permit (Regiona! Board Order 99-Q59, as amended by Regional Board Order R2-2003-�023, and any amendments or re-issuances of tY�e NPDES Permit} is occurring, has accurred or threatens to occur. The a�ove listed agencies also have a right to enter the Property when necessary for abatemertt of a publie nuisance or correction of a violation of the ardinance guidelir�e, criteria or other writ�en direction. The City, Regional Board, or the Mosquito Aba�ement District shall provide reasonable {as may be appropriate for the particular circumstances) notice to the Property Owner before entering th� property. 8. Failure to Maintain Treatment Measures. In the event the Property �wner fails to mair�tain the stormwater treatment measure(s} as shown on the approved Site Pian or comparable documen� in good working order acceptable fo the City and in accordance with the Maintenance Plan ineorporated in the Agreemen�, the City, and its aut�orized ager�ts and employees with reasonable prior notice, rnay enter the Property and ta�Ce whatever steps it deems necessary and appropriate to ret�rn the treatment measure(s) fo good worEcing order. 5uch notice will not be r�ecessary if emergency cor�ditior�s require immediate remedial action. This provisiort shall r�ot be eonstrued ta allow the City to erect any struc�ur� of a parmaner�t nature on the Proper�y_ It is expressly understood a�d agreed fhat the City is under no obligation �o mair�tai� or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligatior� on the City. 9. Reimbursement of the Citv �xpenditures. In tf�e ever�t the City, pursuant ta this Agreement, performs work of any nature (direct or i�direct}, including any re- inspections ar any actions it deems necessary or appropriate to ret�rn #he treatment measure(s) to good working order as ir�dicated in S�c#ion 8, or expends any funds ir� the performance af said work for labor, use of equiprner�#, supplies, materials, and the like, the Property Owner shall reimburse the CEty upon demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid within the prescri�ed time periad, t�e City may assess the Property Owner the cost af the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien AT3YlAGRI2013.004l640 VETERANS STOR€VlWAT�R TR�ATM�NT MEASi1RE5 MAINTENANCE AGREEMENT REV:01-09-13 VR Page 4 of 26