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3. Maintenance of Treatment Measures_ The Property Owner shall not destroy or <br /> remove the stormwater treatment measures from the Property nor modify the stormwater <br /> treatment system in a manner that lessens its effectiveness, and shall, at Property Owner's <br /> sole expense, adequately maintain the stormwater treatment measure(s) in good working <br /> order reasonably acceptable to the City and in accordance with the Site Plan and O&M <br /> Plans. This includes all pipes, channels or other conveyances built to convey stormwater <br /> to the treatment measure(s), as well as all structures, improvements, and vegetation <br /> provided to control the quantity and quality of the stormwater as set forth in the Site Plan. <br /> Adequate maintenance is herein defined as maintaining the described facilities in good <br /> working condition so that these facilities continue to operate as originally designed and <br /> approved. The O&M Plans shall include a detailed description of and schedule for long- <br /> term maintenance activities of the stormwater treatment measures. <br /> 4. Sediment Management. Sediment accumulation resulting from the normal operation <br /> of the stormwater treatment measure(s) will be managed appropriately by the Property <br /> Owner. The Property Owner will provide for the removal and disposal of accumulated <br /> sediments. Disposal of accumulated sediments shall not occur on the Property. Any <br /> disposal or removal of accumulated sediments or debris shall be in compliance with all federal, <br /> state and local law and regulations. <br /> 5 Annual Inspection and Report. The Property Owner shall, on an annual basis, <br /> complete a Treatment Measure Operation and Maintenance inspection Report ("Annual <br /> Report"). The Annual Report shall include a completed checklist for all routine maintenance <br /> activities as set forth in the O&M Plans for the reporting period and shall be submitted to the <br /> City in order to verify that inspection and maintenance of the applicable stormwater <br /> treatment measure(s) have been conducted pursuant to this Agreement. The Annual Report <br /> shall be submitted no later than December 31 of each year, under penalty of perjury, to <br /> Office of the City Engineer, 1017 Middlefield Road, Redwood City, CA 94063 or another <br /> member of the City staff as directed by the City. The Property Owner shall provide in the <br /> Annual Report a record of the volume of all accumulated sediment removed as a result of <br /> the treatment measure(s) The Property Owner shall conduct a minimum of one (1) annual <br /> inspection of the stormwater treatment measure(s) before the wet season. This inspection <br /> shall occur between August 1St and October 1St each year.. More frequent inspections may <br /> be required to the extent the City Engineer reasonably deems necessary to assure <br /> compliance with the City Stormwater Regulations and/or applicable state or federal laws <br /> governing stormwater discharges from the Property The results of inspections shall be <br /> recorded on the Annual Report. <br /> 6. Necessary Changes and Modifications. At its sole expense, the Property Owner <br /> shall make changes or modifications to the stormwater treatment measure(s) and/or may be <br /> determined as reasonably necessary by the City to ensure that the stormwater treatment <br /> measure(s) are properly maintained and continue to operate as originally designed and <br /> approved <br /> 7 Access to the Property. The Property Owner hereby grants permission to the City, the <br /> San Francisco Bay Regional Water Quality Control Board (Regional Board), the San Mateo <br /> County Mosquito Abatement District (Mosquito Abatement District); and their authorized <br /> agents and employees to enter upon the Property at reasonable times and in a reasonable <br /> manner to inspect, assess or observe the stormwater treatment measure(s) in order to <br /> ATTY/AGR/2013 243/950 MIDDLEFIELD STORMWATER TREATMENT MEASURES <br /> REV:12.11.13 VR <br /> Page 3 of 19 <br />