AgdaPkt 2017-09-11 Closed and Joint SA PFA

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6.1 .A. - Page 42 ensure that the stormwater treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property whenever there is a reasonable basis to believe that a violation of this Agreement, the City Stormwater Regulations, or the NPDES Permit, and any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the City Stormwater Regulations. The City, Regional Board, or the Mosquito Abatement District shall provide reasonable (as may be appropriate for the particular circumstances) notice to the Developer before entering the property. 8. Failure to Maintain Treatment Measures. In the event the Developer 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, 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 City Expenditures. In the event the City, pursuant to 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 as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Developer 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, the City may assess the Developer 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 Developer's failure to maintain the stormwater treatment measure(s). 19. Indemnification. The Developer 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 attorney 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 Developer 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 Developer and the Developer shall defend at its own expense any suit based on such Claim. If any judgment REV:08-31-17 VR Page 4 of 12 ATTYIAGR.2017.2031Lane Partners, LLC-STMMA