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(Regional Board Order 99-059, as amended by Regional Board Order R2-2009-0074, and <br /> any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or <br /> threatens to occur. The above listed agencies also have a right to enter the Property when <br /> necessary for abatement of a public nuisance or correction of a violation of the City <br /> Stormwater Regulations. The City, Regional Board, or the Mosquito Abatement District <br /> shall provide reasonable (as may be appropriate for the particular circumstances) notice <br /> to the Property 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 <br /> good working order acceptable to the City and in accordance with the Inspection and <br /> Maintenance Checklist incorporated in the Agreement (a "Maintenance Deficiency"), the <br /> City shall provide written notice to the Property Owner. Upon receipt of the written notice, <br /> the Property Owner shall have thirty (30) days to remedy such Maintenance Deficiency (or <br /> such longer period of time as may reasonably be required, provided that the Property <br /> Owner shall commence to remedy such Maintenance Deficiency within such thirty (30) <br /> day period and thereafter diligently prosecute such remedy to completion). If the Property <br /> Owner fails to remedy the Maintenance Deficiency within the prescribed time period, the <br /> City, and its authorized agents and employees, may enter the Property and take whatever <br /> steps it deems necessary and appropriate to retum the stormwater treatment measure(s) <br /> to good working order. Such notice and opportunity to cure will not be necessary if <br /> emergency conditions require immediate remedial action. This provision shall not be <br /> construed to allow the City to erect any structure of a permanent nature on the Property. It <br /> is expressly understood and agreed that the City is under no obligation to maintain or <br /> repair the stormwater treatment measure(s) and in no event shall this Agreement be <br /> 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, performs work of any nature (direct or indirect), including any re- <br /> inspections or any actions it deems reasonably necessary or appropriate to return the <br /> stormwater treatment measure(s) in good working order as indicated in Section 8, or <br /> 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 <br /> within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. If <br /> these costs are not paid within the prescribed time period, the City may assess the <br /> Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said <br /> assessment shall be a lien against the Property or may be placed on the property tax bill <br /> 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 <br /> the City as a result of the Property Owner's failure to maintain the stormwater treatment <br /> measure(s). <br /> 10. Indemnification. The Property Owner shall indemnify, hold harmless and defend <br /> the City and its authorized agents, officers, officials and employees from and against any <br /> and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, <br /> occurrences, and payments, including attomey fees claimed or which might arise or be <br /> REV: 10-12-15 VR <br /> Page 4 of 7 <br /> ATTY/AGR.2015.231/Premia 550 Owner, LLC <br />