RecDoc 2016-038477 1305 El Camino Real

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reasonable manner to inspect, essess or observe the stormwater treatment measure(s) in order to ensure that #he stormwater treatment measures are being properly maintained and are continuing to perform in an adequate manner to protec# water quality and the public health and safety. This includes the right to enter upon the Property rNhenever there is a reasonable basis to betieve that a violation of this Agreement, the C�ty Stamwater Regutations, or the San Mateo Countywide NPDES Munidpal Stormwater Permit (Reg�nal Board Order 99-059, as amended by Regional Board Orcler R2-2009-0074, and any amendments or re-issuances of the NPDES Permit) is oc�curring, has axurred or threatens to�r. The above listed agendes also have a right to enter the Property when necessary for abatement of a public nuisance or correction af a violat� of the Ci#y Stormwater Regulat�ns. The City. Regional B�rd, or the Mosqu�o Aba#ement District shall prov�de reasonable (as may be appropriate for the particular circumstances) notice to the Properly Owner befiore entering the property. 8. �airure to Maintain Treatment Measures. In the event the Property Owner faiis to maintatn the stormwater treatment measure(s) as shown on the approved Site Plan in good working order accep#able to the City and in accordance with the Inspection and Maintenance Chedclist, the City, and its authorized agents and employees with reasonabls no#ice, may enter the Property and take whatever steps it deems necessary and apprapria#e to retum the stormwater treatment measure(s) to good woricing orcier. Such nat�s will no# be net;essary ifi emergency conditions requir�e �mediate remedial action. This provision shatl not be canstrued to allow the City �o erect any s#ructur�e of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the stormwater treatmerrt measure(s) and in no event shail this Agreement be construed to impose any such obl'�gation�the City. 9. Reimburse�nt of the Citv Expenditures. In the event the C�r� pursuant to this Agreement, performs work of any nature (direct ar indirect), including any re- inspections or any actions it deems necessary or appropriate to retum the stormwater treatment measure(s) in good working order as indicated in Section 8, or e�cpends any funds in the performance of said work for labor, use of equipment, suppl�es, materials, and the like, the Property Owner shall reimburse the City demand w9thtn thirt�✓ (30)days of receipt thereof for the c�sts incurred by the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the Property Ornmer the oost of the work, both direc# and i�direct, and applicable penafties. Said assessment shaN be a lien against the Property or may be placed on the property tax biN and cotiected as ordinary taxes by the City. The actlons described in this section are in addition to� and not in-lieu- of, any and all legal remedies as provided by law, available to �e City es a result of the Property Owner's failure to maintain the stomnwater treatment measure(s). 10. Inde�nn'rFication. The Property Owner shall indemnifyr, hald harmless and defend the Ci1y and �ts authorized agents, officers, offidals and employees from end against �ny and all daims, demands, suit,s, damages, liabilities, bsses, acciden�s! casuatt�ees, oc�urrences� and payments, lnclud�g attamey fees daimed or which m18ht ar�se or be asserted against the City that are alleged or proven to result or arise from the constn,iction, presence, existence or maintenance of the stormwater treatment measure(s) by the REV:a�-2�-�s vR Page 4 of 7 ATTYfAGR.2016.011/RWC ECR Venture, LLC-STMMA