|
9. Reimbursement of the City Expenditures. In the event the City, pursuant to this Agreement,
<br /> performs work of any nature (direct or indirect), including any re-inspections or any actions it deems
<br /> necessary or appropriate to return the stormwater treatment measure(s) in good working order as
<br /> indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment,
<br /> supplies, materials, and the like, the Property Owner shall reimburse the City demand within thirty (30) days
<br /> of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid within the
<br /> prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect,
<br /> and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the
<br /> property tax bill and collected as ordinary taxes by the City. The actions described in this section are in
<br /> addition to, and not in-lieu-of, any and all legal remedies as provided by law, available to the City as a result
<br /> of the Property Owner's failure to maintain the stormwater treatment measure(s).
<br /> 10. Indemnification. The Property Owner shall indemnify, hold harmless and defend the City and its
<br /> authorized agents, officers, officials and employees from and against any and all claims, demands, suits,
<br /> damages, liabilities, losses, accidents, casualties, occurrences, and payments, including attorney fees claimed or
<br /> which might arise or be asserted against the City that are alleged or proven to result or arise from the
<br /> construction, presence, existence or maintenance of the stormwater treatment measure(s) by the Property
<br /> Owner or the City (collectively, "Claims"). In the event a Claim is asserted against the City, its authorized
<br /> agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property
<br /> Owner shall defend at its own expense any suit based on such Claim. If any judgment or Claims against the
<br /> City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for
<br /> all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits,
<br /> damages, liabilities, losses, accidents, casualties, occurrences, and payments, including attorney fees claimed
<br /> which arise due to the gross negligence or willful misconduct of the City.
<br /> 11 . No Additional Liability. It is the intent of this Agreement to insure the proper maintenance of the
<br /> stormwater treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be
<br /> deemed to create or effect any additional liability not otherwise provided by law of any party for damage
<br /> alleged to result from or caused by storm water runoff.
<br /> 12. Performance Financial Assurance. The City may request the Property Owner to provide a
<br /> performance bond, security, or other appropriate financial assurance providing for the maintenance of the
<br /> stonnwater treatment measure(s) pursuant to the City Stormwater Regulations.
<br /> 13 . Transfer of Property. This Agreement shall run with the title to the land and any portion thereof.
<br /> The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or
<br /> otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to
<br /> all present and subsequent owners of the Property or any portion thereof.
<br /> 14. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed
<br /> sufficiently given and served for all purposes when delivered personally or by generally recognized
<br /> overnight courier service, or five (5) days after deposit in the United States mail, certified or registered,
<br /> return receipt requested, with postage prepaid, addressed as follows:
<br /> To the Developer: Ernst Development Corporation
<br /> 937 Lakeview Way
<br /> Emerald Hills, CA 94062
<br /> Attn: Gary Ernst
<br /> ATTY/AGR/2015. 129/ 718 CANYON STMMA
<br /> REV: 06-22-15 VR
<br /> Page 4 of 7
<br />
|