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ensure that the stormwater treatment measures are being properly maintained and are <br /> continuing to perform in an adequate manner to protect water quality and the public health <br /> and safety. This includes the right to enter upon the Property whenever there is a reasonable <br /> basis to believe that a violation of this Agreement, the City Stormwater Regulations, or the <br /> San Mateo Countywide NPDES Municipal Stormwater Permit (Regional Board Order 99-059, <br /> as amended by Regional Board Order R2-2003-0023, and any amendments or re-issuances <br /> of the NPDES Permit) is occurring, has occurred or threatens to occur. Subject to the notice <br /> and cure provisions set forth in section 8 below, the above listed agencies also have a right to <br /> enter the Property when necessary for abatement of a stormwater-related public nuisance or <br /> correction of a violation of the City Stormwater Regulations. The City, Regional Board, or the <br /> Mosquito Abatement District shall provide reasonable notice (in accordance with Section 8 <br /> below, or in the event of an emergency as may be appropriate for the particular <br /> circumstances) to the Property Owner before entering the property. <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 in good <br /> working order acceptable to the City and in accordance with the O&M Plan (a "Maintenance <br /> Deficiency"), the City shall provide written notice to the Property Owner. Upon receipt of the <br /> written notice, the Property Owner shall have thirty (30) days to remedy such Maintenance <br /> Deficiency (or such longer period of time as may reasonably be required, provided that the <br /> Property Owner shall commence to remedy such Maintenance Deficiency within such thirty <br /> (30) day period and thereafter diligently prosecute such remedy to completion). If the <br /> Property Owner fails to remedy the Maintenance Deficiency within the prescribed period (or <br /> commence and proceed diligently to remedy such deficiency within the prescribed period), <br /> the City, and its authorized agents and employees, may enter the Property and take <br /> whatever steps it deems necessary and appropriate to return the stormwater treatment <br /> measure(s) to good working order. Such notice will not be necessary if emergency conditions <br /> require immediate remedial action. This provision shall not be construed to allow the City to <br /> erect any structure of a permanent nature on the Property. It is expressly understood and <br /> agreed that the City is under no obligation to maintain or repair the stormwater treatment <br /> measure(s) and in no event shall this Agreement be construed to impose any such obligation <br /> on the City. <br /> 9 Reimbursement of the City Expenditures. In the event the City, pursuant to this <br /> Agreement, performs work of any nature (direct or indirect), including any re-inspections <br /> or any actions it reasonably deems necessary or appropriate to return the stormwater <br /> treatment measure(s) in good working order as indicated in Section 8, or reasonably <br /> expends any funds in the performance of said work for labor, use of equipment, supplies, <br /> materials, and the like, the Property Owner shall reimburse the City within thirty (30) days of <br /> receipt of an invoice(s) detailing the actual costs incurred by the City hereunder, If these <br /> costs are not paid within the prescribed time period, and the Property Owner fails to deliver <br /> a timely Notice Letter as defined and described below, the City may assess the Property <br /> Owner the cost of the work, both direct and indirect, and applicable penalties. Said <br /> assessment shall be a lien against the Property or may be placed on the property tax bill and <br /> collected as ordinary taxes by the City. The actions described in this section are in addition <br /> to, and not in-lieu-of, any and all legal remedies as provided by law, available to the City as <br /> a result of the Property Owner's failure to maintain the stormwater treatment measure(s). <br /> ATTY/AGR/2013.243/950 MIDDLEFIELD STORMWATER TREATMENT MEASURES <br /> REV:1241.13 VR <br /> Page 4 of 19 <br />