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SECTION 7: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. O~~~ner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. Upon transfer of Property, Owner shall notify the Public Works Department -Clean Water Program (P.O. Box 520, Pleasanton, CA 94566-0802) within thirty days of the transfer and provide new contact information for the Property and the Stormwater Treatment Site Plan. SECTION 8: ACCESS TO 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 measures in order to ensure that treatment measures 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 Alameda Countywide Clean Water Program's NPDES municipal stormwater permit (Regional Board Order RZ-2003-0021, and any amendments or re-issuances 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, City, Regional Board, or the Mosquito Abatement District shall provide reasonable notice to the Property Owner before entering the property. Such notice will not be necessary if emergency conditions require immediate remedial action. City, as necessary, may inspect the site unannounced. SECTION 9: FAILURE TO MAINTAIN TREATMENT MEASLIRES In the event Owner fails to maintain the stormwater treatment measures as shown on the Stonnwater Treatment Site Plan in good working order acceptable to City and in accordance with the Maintenance Plan, City, and its authorized agents and employees with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to retum the treatment measures 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 City is under no obligation to construct, maintain or repair the treatment measures and in no event shall this Agreement be construed to impose any such obligation on City. SECTION l0: REINIBLIRSEME\'T OF CITY >JXPENDITLIRES In the event 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 measures in good working order as indicated in Section 9, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, Owner shall reimburse the City, and/or shall forfeit any required bond upon demand within thirty (30) days of receipt of a notice from City. If these costs are not paid within the prescribed time period, City may assess Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to City as a result of Owner's failure to maintain the treatment measures. 11/04 Page 3 of 5