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Regulations, or the San Mateo Countywide NPDES Municipal Stormwater Permit(Regional
<br /> Board Order 99-059, as amended by Regional Board Order R2-2009-0074, and any
<br /> amendments or re-issuances of the NPDES Permit) is occurring, has occurred or threatens
<br /> to occur. The above listed agencies also have a right to enter the Property when necessary
<br /> for abatement of a public nuisance or corre�tion of a violation of the City Stormwater
<br /> Regulations. The City, Regional Board, or the Mosquito Abatement District shall provide
<br /> reasonable (as may be appropriate for the particular circumstances) notice to the Property
<br /> Owner before entering the property.
<br /> 8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to
<br /> maintain the stormwater treatment measure(s)as shown on the approved Site Plan in good
<br /> working order acceptable to the City and in accordance with the Inspection and Maintenance
<br /> Checklist, the City, and its authorized agents and employees with reasonable notice, may
<br /> enter the Property and take whatever steps it deems necessary and appropriate to return
<br /> the stormwater treatment measure(s) to good working order. Such notice will not be
<br /> necessary if emergency conditions require immediate remedial action. This provision shall
<br /> not be construed to allow the City to erect any structure of a permanent nature on the
<br /> Property. It is expressly understood and agreed that the City is under no obligation to
<br /> maintain or repair the stormwater treatment measure(s) and in no event shall this
<br /> Agreement be construed to impose any such obligation on the City.
<br /> 9. Reimbursement of the Citv Expenditures. In the event the City, pursuant to this
<br /> Agreement, pertorms work of any nature (direct or indirect), including any re-inspections
<br /> or any actions it deems necessary or appropriate to return the stormwater treatment
<br /> measure(s) in good working order as indicated in Section 8, or expends any funds in the
<br /> performance of said work for labor, use of equipment, supplies, materials, and the like, the
<br /> Property Owner shall reimburse the City demand within thirty(30)days of receipt thereof for
<br /> the costs incurred by the City hereunder. If these costs are not paid within the prescribed
<br /> time period, the City may assess the Property Owner the cost of the work, both direct and
<br /> indirect, and applicable penalties. Said assessment shall be a lien against the Property or
<br /> may be placed on the property tax bill and collected as ordinary taxes by the City. The
<br /> actions described in this seetion are in addition to, and not in-lieu-of, any and all legal
<br /> remedies as provided by law, available to the City as a result of the Property Owner's failure
<br /> to maintain the stormwater treatment measure(s).
<br /> 10. Indemnification. The Properly Owner shall indemnify, hold harmless and defend the
<br /> City and its authorized agents, officers, officials and employees from and against any and all
<br /> claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and
<br /> payments, including attorney fees claimed or which might arise or be asserted against the
<br /> City that are alleged or proven to result or arise from the construction, presence, existence
<br /> or maintenance of the stormwater treatment measure(s) by the Property Owner or the City
<br /> (collectively, "Claim"). ln the event such a Claim is asserted against the City, its authorized
<br /> agents,o�cers,officials or employees,the City shall promptly notify the Property Owner and
<br /> the Property Owner shall defend at its own expense any suit based on such Claim. If any
<br /> judgment or Claims against the City, its authorized agents, officers, officials or employees
<br /> shall be allowed, the Property Owner shall pay for all costs and expenses in connection
<br /> ATTY/AGR/2014.088/RWC 1856-755 BREWSTER(STMMA)
<br /> REV:06-05-14 VR
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