RecDoc 2014-043258 SWTM 525 Middlefield

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This includes the right to enter upon the Property whenever there is a reasonable basis to believe that a violation of this Agreement, the City's stormwater management ordinance, guidelines, criteria, other written direction, or the San Mateo Countywide NPDES Municipal Stormwater Permit (Regional Board Order 99-059, as amended by Regional Board Order R2-2009-0074, and any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or threatens to occur. Subject to the notice and cure provisions set forth in Section 8 below, the above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the ordinance guideline, criteria or other written direction. The City, Regional Board, or the Mosquito Abatement District shall provide reasonable (as may be appropriate for the particular circumstances) notice to the Property Owner before entering the property. 8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in good working order acceptable to the City and in accordance with the Maintenance Plan incorporated in the Agreement (a "Maintenance Deficiency"), the City shall provide written notice to the Property Owner. Upon receipt of the written notice, the Property Owner shall have thirty (30) days to remedy such Maintenance Deficiency (or such longer period of time as may reasonably be required, provided that the Property Owner shall commence to remedy such Maintenance Deficiency within such thirty (30) day period and thereafter diligently prosecute such remedy to completion). If the Property Owner fails to remedy the Maintenance Deficiency within the prescribed time period, the City, and its authorized agents and employees, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice and opportunity to cure will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. 9. Reimbursement of the Citv Expenditures. In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any re- inspections or any actions it reasonably deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or reasonably expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City demand within thirty (30) days of receipt thereof for the actual costs incurred by the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the actual cost of the work, both direct and indirect, and applicable penalties imposed on and paid by the City. Said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. Any Lien in favor of the City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such REV:03-21-14 VR Page 4 of 16 ATTY/AGR.2014.039/Indigo 525 Middlefield -Stormwater Agreement