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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.
<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 City 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 performance 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 /> Property 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 /> Property 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 /> expense any suit based on such Claim. If any judgment or Claims against the City, its
<br /> authorized agents, officers, officials or employees shall be allowed, the Property Owner
<br /> ATTY/AGR/2016.222/LIBERTY HALL LANE PARTNERS, LP - STMMA - LOT 4
<br /> REV: 08-22-16 VR
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