RecDoc 2017-040786 STMMA - Laserfiche WebLink

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8. Failure to Maintain Treatment Measures. If the City determines that the treatment measure(s) requires repair or replacement, the City shall notify the Property Owner in writing of such determination and the Property Owner shall perform such repair or replacement work within thirty (30) days or such later time as may be approved by the City if such work cannot reasonably be completed within thirty (30) days. In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan in good working order acceptable to the City and in accordance with the Inspection and Maintenance Checklist, after giving the Property Owner notice and time to cure within the time allotted, the City, and its authorized agents and employees with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to return the stormwater treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure 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 treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. 9. Reimbursement of the Citv Expenditures. In the event the City, after giving the Property Owner notice and an opportunity to cure pursuant to Section 8 of this Agreement, performs work of any nature (direct or indirect), including any re - inspections or any actions it deems necessary or appropriate to return the stormwater treatment measure(s) in good working order, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid within the prescribed time period, after providing the Property Owner with notice, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to, and not in -lieu -of, any and all legal remedies as provided by law, available to the City as a result of the Property Owner's failure to maintain the stormwater treatment measure(s). 10. Indemnification. The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and payments, including attorneys' fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the stormwater treatment measure(s) by the Property Owner or the City (collectively, "Claim"). In the event such a Claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such Claim. If any judgment or Claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to AT FY/AGR/2017.072/STANFORD - STMMA REV: 04-05-17 PR Page 4 of 13