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Regulations, or the San Mateo Countywide NPDES Municipal Stormwater Permit
<br /> (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, at minimum 48 hours' notice, except
<br /> in the event of emergency or exigent circumstances, the City may enter without providing
<br /> 48 hours' notice and will instead notify as soon as practical.
<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, the City, and its authorized agents and employees with
<br /> reasonable notice, may enter the Property and take whatever steps it deems necessary
<br /> and appropriate to return the stormwater treatment measure(s) to good working order.
<br /> Such notice will not be necessary if emergency conditions require immediate remedial
<br /> action. This provision shall not be construed to allow the City to erect any structure of a
<br /> permanent nature on the Property. It is expressly understood and agreed that the City
<br /> is under no obligation to maintain or repair the stormwater treatment measure(s) and in
<br /> no event shall this 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, performs work of any nature (direct or indirect), including any re-
<br /> inspections or any actions it deems necessary or appropriate to return the stormwater
<br /> treatment measure(s) in good working order as indicated in Section 8, or expends any
<br /> funds in the pertormance of said work for labor, use of equipment, supplies, materials,
<br /> and the like, the Property Owner shall reimburse the City demand within thirty (30) days of
<br /> receipt thereof for the costs incurred by the City hereunder. If these costs are not paid
<br /> within the prescribed time period, the City may assess the Property Owner the cost of the
<br /> work, both direct and indirect, and applicable penalties. Said assessment shall be a lien
<br /> against the Property or may be placed on the property tax bill and collected as ordinary
<br /> taxes by the City. The actions described in this section are in addition to, and not in-lieu-
<br /> of, any and all legal remedies as provided by law, available to the City as a result of the
<br /> Properly Owner's failure to maintain the stormwater treatment 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 attorney fees claimed or which might arise or be
<br /> asserted against the City that are alleged or proven to result or arise from the construction,
<br /> presence, existence or maintenance of the stormwater treatment measure(s) by the
<br /> Properly Owner or the City (collectively, "Claim"). In the event such a Claim is asserted
<br /> against the City, its authorized agents, officers, officials or employees, the City shall
<br /> promptly notify the Property Owner and the Property Owner shall defend at its own
<br /> REV:06-10-16 VR
<br /> Page 4 of 7
<br /> ATTY/AGR/2016.121/601 MARSHALL STREET OWNER,LLC-STMMA
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