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<br />Stormwater Permit (Regional Board Order 99-059, as amended by Regional Board Order
<br />R2-2003-0023, and any amendments or reissuances of the NPDES Permit) is occurring,
<br />has occurred or threatens to occur. The above listed agencies also have a right to enter
<br />the Property when necessary for abatement of a public nuisance or correction of a
<br />violation of the ordinance guideline, criteria or other written direction. The City, Regional
<br />Board, or the Mosquito Abatement District shall provide reasonable (as may be
<br />appropriate for the particular circumstances) notice to Owners before entering the
<br />property.
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<br />10. Failure to Maintain Treatment Measures. In the event Owners fail to maintain the
<br />sewer and stormwater systems as shown on the approved Site Plan, or comparable
<br />document, in good working order acceptable to the City and in accordance with the
<br />Maintenance Plan incorporated in the Agreement, the City, and its authorized agents and
<br />employees with reasonable notice, may enter the Property and take whatever steps it
<br />deems necessary and appropriate to return the systems to good working order. Such
<br />notice will not be necessary if emergency conditions require immediate remedial action.
<br />This provision shall not be construed to allow the City to erect any structure of a permanent
<br />nature on the Property. It is expressly understood and agreed that the City is under no
<br />obligation to maintain or repair the systems and in no event shall this Agreement be
<br />construed to impose any such obligation on the City.
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<br />11. 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 reinspections
<br />or any actions it deems necessary or appropriate to return the systems to good
<br />working order as indicated in Section 5, or expends any funds in the performance of
<br />said work for labor, use of equipment, supplies, materials, and the like, Owners shall
<br />reimburse City upon demand within thirty (30) days of receipt thereof for the costs incurred
<br />by City hereunder. If these costs are not paid within the prescribed time period, City may
<br />assess Owners the cost of the work, both direct and indirect, and applicable penalties. Said
<br />assessment shall be a lien against the Property or may be placed on the property tax bill
<br />and collected as ordinary taxes by the City. The actions described in this section are in
<br />addition to, and not in-lieu-of, any and all legal remedies as provided by law, available to
<br />the City as a result of the Owners' failure to maintain the systems.
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<br />12. Indemnification. Owners shall indemnify, hold harmless and defend City, its
<br />authorized agents, officers, officials and employees from and against any and all claims,
<br />demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
<br />payments, including attorney fees claimed or which might arise or be asserted against the
<br />City that are alleged or proven to result or arise from the construction, presence, existence
<br />or maintenance of the treatment measure(s) by Owners or City. In the event a claim is
<br />asserted against City, its authorized agents, officers, officials or employees, the City shall
<br />promptly notify Owners and Owners shall defend at its own expense any suit based on
<br />such claim. If any judgment or claims against City, its authorized agents, officers, officials
<br />or employees shall be allowed, Owners shall pay for all costs and expenses in connection
<br />herewith. This section shall not apply to any claims, demands, suits, damages, liabilities,
<br />losses, accidents, casualties, occurrences, claims and payments, including attomey fees
<br />
<br />Atty/Agr/2005.066
<br />083005
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<br />sIlibrary/agreementsisubdivision agrmtslStormwater Systems Maint AgrmC Toyon Way
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