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Inst 2009087120
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Inst 2009087120
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Last modified
6/10/2013 2:13:11 PM
Creation date
4/13/2009 1:39:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/10/2009
Recorded Document Type
Stormwater Treatment
Retention
PERM
Document Relationships
Inst 2013170593
(Reference)
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\City Clerk\City Council\Recorded Documents\2013
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<br />minimum of one annual inspection of the stormwater treatment measure(s) before the wet season. <br />This inspection shall occur between August 1 s~ and October l ~` each year. More frequent inspections <br />may be required by the maintenance plan (Exhibit C). The results of inspections shall be recorded on <br />the Inspection and Maintenance Checklist(s) attached as Exhibit D. <br />SECTION 6: NECESSARY CHANGES AND MODIFICATIONS <br />At its sole expense, the Property Owner shall make changes or modifications to the <br />stormwater treatment measure(s) and/or the long-term maintenance plan as maybe determined as <br />reasonably necessary by the City to ensure that treatment measures are properly maintained and <br />continue to operate as originally designed and approved. <br />SECTION 7: ACCESS TO THE PROPERTY <br />The Property Owner hereby grants permission to the City; the San Francisco Bay Regional <br />Water Quality Control Board (Regional Board); the Alameda County Mosquito Abatement District <br />(Mosquito Abatement District); and their authorized agents and employees to enter upon the Properly <br />at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment <br />measure(s) in order to ensure that treatment measures are being properly maintained and are <br />continuing to perform in an adequate manner to protect water quality and the public health and <br />safety. This includes the right to enter upon the Property when it has a reasonable basis to believe <br />that a violation of this Agreement, the City's stormwater management ordinance, guidelines, criteria, <br />other written direction, or the Alameda Countywide Clean Water Program's NPDES municipal <br />stormwater permit (Regional Board Order R2-2003-0021, and any amendments or reissuances of this <br />permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right <br />to enter the Property when necessary for abatement of a public nuisance or correction of a violation <br />of the ordinance guideline, criteria or other written direction. Whenever possible, the City, RWQCB, <br />or the Mosquito Abatement District shall provide reasonable notice to the Property Owner before <br />entering the property. <br />SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES <br />In the event the Property Owner fails to maintain the stormwater treatment measure(s) as <br />shown on the approved Site Plan or comparable document in good working order acceptable to the <br />City and in accordance with the maintenance plan incorporated in the Agreement, the City, and its <br />authorized agents and employees with reasonable notice, may enter the Property and take <br />whatever steps it deems necessary and appropriate to return the treatment measure(s) to good <br />working order. Such notice will not be necessary if emergency conditions require immediate <br />remedial action. This provision shall not be construed to allow the City to erect any structure of a <br />permanent nature on the Property. It is expressly understood and agreed that the City is under no <br />obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be <br />construed to impose any such obligation on the City. <br />SECTION 9: REIMBURSEMENT OF CITY EXPENDITURES <br />In the event the City, pursuant to the Agreement, performs work of any nature (direct or <br />indirect), including any re-inspections or any actions it deems necessary or appropriate to return <br />the treatment measure(s) in good working order as indicated in Section 8, or expends any funds <br />in the performance of said work for labor, use of equipment, supplies, materials, and the like, the <br />Property Owner shall reimburse the City, or shall forfeit any required bond upon demand within thirty <br />(30) days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid <br />within the prescribed time period, the City may assess the Property Owner the cost of the work, both <br />direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or <br />prorated against the beneficial users of 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 to and <br />
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