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pursuant to this agreement. The annual report shall be submitted no later than December 31 of each year,under penalty of perjury,to the City Engineer,835 East 14th Street,San Leandro,CA 94577 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s)and HM controls (if any)in the annual report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s)and HM controls(if any)before the wet season. This inspection shall occur between August et and October 1St each year. More frequent inspections may be required by the maintenance plan(Exhibit C). The results of inspections shall be recorded on the Inspection and Maintenance Checklist(s)attached as Exhibit D. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense,the Property Owner shall make changes or modifications to the stormwater treatment measure(s)and HM controls(if any)and/or the long-term maintenance plan (Exhibit C)as may be determined as reasonably necessary by the City to ensure that treatment measures and HM controls(if any)are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (Regional Water Board); the Alameda County Mosquito Abatement District(Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) and HvI controls (if any) in order to ensure that treatment measures and HM controls(if any)are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the City's stormwater management ordinance, guidelines, criteria, other written direction, or the MRP (Regional Board Order R2-2015-0049, and any amendments or reissuances of this permit) is occurring,has occurred or threatens to occur. 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. Whenever possible,the City,Regional Water Board, or the Mosquito Abatement District shall provide reasonable notice to the Property Owner before entering the property. SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES AND HM CONTROLS In the event the Property Owner fails to maintain the stormwater treatment measure(s) and/or HM controls 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, the City, and its authorized agents and employees with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) and/or HM control(s) to good working order. Such notice 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/or HM control(s) and in no event shall this Agreement be construed to impose any such obligation on the City. SECTION 9: REIMBURSEMENT OF CITY EXPENDITURES In the event the City, pursuant to the Agreement, performs work of any nature (direct or indirect), including any reinspections or any actions it deems necessary or appropriate to return 3 6214.010.doc