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l • removed from the treatment measure(s)in the annual report.The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s)before the wet season. This inspection shall occur between August 1St 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. I 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/or the long-term maintenance plan as may be determined as reasonably necessary by the City to ensure that treatment measures 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 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)in order to ensure that treatment measures are being properly maintained and are continuing Ito 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 Alameda Countywide Clean Water Program's NPDES municipal stormwater permit (Regional Board Order R2-2003-0021,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 Iguideline,criteria or other written direction. Whenever possible,the City,RWQCB,or the Mosquito Abatement District shall provide reasonable notice to the Property Owner before entering the property. SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as Ishown 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 Isteps it deems necessary and appropriate to return the treatment measure(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 I 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. I 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 re-inspections or any actions it deems necessary or appropriate to return the treatment measure(s)in good working order as indicated in Section 8,or 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,or shall forfeit any required bond upon demand within thirty I (30) days of receipt thereof for the 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 cost of the work,both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or Iprorated against the beneficial users of the Property or may be placed on the property tax bill and W:\2008\A08609-7\Documents\KW Reports and Calcs\SWQCP\O&M Agreement\O&M- Narrative docx 3 I W:\2008W08609-7\Documents\KW Reports and Calcs\SWQCP\O&M Agreement\O&M- Narrative.docx 4 I