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Inst 2013170593
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Inst 2013170593
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Last modified
6/10/2013 1:36:20 PM
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6/10/2013 1:34:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/10/2013
Recorded Document Type
Stormwater Treatment
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PERM
Document Relationships
Inst 2009087120
(Reference)
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\City Clerk\City Council\Recorded Documents\2009
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Engineer,835 East 14th Street,San Leandro,CA 94577 or another member of the City staff as directed <br /> by the City. The Property Owner shall provide a record of the volume of all accumulated sediment <br /> removed from the treatment measure(s)in the annual report.The Property Owner shall conduct a <br /> minimum of one annual inspection of the stormwater treatment measure(s)before the wet season. <br /> This inspection shall occur between August 1st and October 1st 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 may be 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 Property <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 /> F:\FILES\2013 Farallon-North Face 10 M Agreement for treat meas-4-10-13.doc3 <br />
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