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Regu[ations, c�r the San Mateo Countywide NP�ES Muniapal Stormwater Permit
<br /> (Regional Baard Order 99-059, as amended by Regiona! BoaM Qrder R2-2009-0074, and
<br /> any amendments or re-issuances of the N'PDES Permit) is occurring, has occurred or
<br /> thr�atens to occur. Th�above listed agencies also have a r��ht tv enter the Prop�rty when
<br /> necessary far abatement of a p�blic nuis�nc� or carrection o# a violation of the City
<br /> Stormwater Regulations. The City, Regional Board, ar the Mosquito Abatement L7istrict
<br /> shall provide reast�nable (as rnay be aPpropriate for the particular circumstances) notice
<br /> to the Property 4wner b�fore errtering the property.
<br /> 8. Failuroe to Mair�tain Treatment Measures. In the event the Pro�rty C�wner fails to
<br /> maintain the stormwater treatment measure(s) as shown an the appraved Site Plan in
<br /> gaod working a�der acc�pt�bie to #he City and in aecordance with the Inspect��n and
<br /> Maintenant;e Checklist, t�e City, and' its authorized agents and emplayees with
<br /> reasonabfe r�otice, may enter the Praperty and tak� whatever steps it deems necessary
<br /> and appropriate to retum the stormwater treatment rneasure(s) t� goocf working orcler.
<br /> Such notice will not be necessary if emergen�y cond�ions require immediate remedial
<br /> ac#ion. This provision shali not be construed #o allow the City ta erect any structure of a
<br /> permanent nature an t1�e Property. It is expressly understaad and agreed that the City
<br /> is under no obligation to maintain ar repair the stormwater tr�atmen# measure(s) and in
<br /> n�event shalE this Agreement be canstru+�d#o im�os�e any such abligation on�e Ci#y.
<br /> 9. Reimbursemen# of the Cit Ex nditures. In the ever�t ttte City, pursuant to this
<br /> Agreement, p�rfiorms work of any nature (direct or indireet}, including any re-
<br /> ir�spec#ions or any actians it deems necessary or appropriate t�a retum the stormwater
<br /> t�eatment measure(s} in gaod worlcir�g ordgr as indicated in Section 8, ar expends any
<br /> funds in the performance of said work for labor, use of ec{uipment, supPlies, materials,
<br /> and the like, the Property Qu�mer shall reimlaurse the City demand wfthin thirty t34)days of
<br /> receipt thereaf fo� the costs ir�curred �y the Ci#y hereunder. If these costs are not paid
<br /> within the prescribed time periad, the City may assess th� Rroperky 4wner the cost c�f the
<br /> w�oric, both direc� and indirect, and applicable penal#ies. Said assessment shall be a lien
<br /> against the Property or may b� plac.e�i an the property tax bill and collected as ardinary
<br /> taxes by the City. The actions describeci in this sectian are in addition to, and not in-lieu-
<br /> c�f, any and alf legal remedies as provided by law, awailable to #he City as a result of the
<br /> Property Owmer's failure to maintain th� starmwater treatment measur�(s).
<br /> '[0. Inclernni#ication. The Property Owner shall indemnify, hold harm[ess and defend
<br /> the City and its at�thorized agents, a�cers, o�ciafs and employees from and agains# any
<br /> and all claims, demands, suits, damages, liabil�ies, Ic�sses, aeadents, casualties,
<br /> accurrences, and paymen#s, including attomey fees c�aimed or which might ari�e or be
<br /> asse�te� against the Git�r that are all�ed or proven to result or arise from the construction,
<br /> presence, existence or main#enance af the stormwater treatment measure{s) by the
<br /> Pr�perty �wner or #he City (cc�llectively, "Claim"}. In the event such a C[aim is asserted
<br /> against the City, its� authorized agents, officers, offiaals or employees, the City sha11
<br /> promptly natify #he Property Owner and the Property C}wner shall �efend at its t�wn
<br /> expense any swt based on such Claim. If any judgment or Claims against t�e City, its
<br /> authorized �gents, officers, o�cials or �mployees shall be allowed, the Property Owner
<br /> REV:07-30-15 RS Page 4 of 8
<br /> A7TY/AGR2015.151lLa Paima
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