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Regulations, or the NPDES Permit, and any amendments or re -issuances of the NPDES
<br />Permit) is occurring, has occurred or threatens to occur. The above listed agencies also
<br />have a right to enter the Property when necessary for abatement of a public nuisance or
<br />correction of a violation of the City Stormwater Regulations. The City, Regional Board, or
<br />the Mosquito Abatement District shall provide reasonable (as may be appropriate for the
<br />particular circumstances) notice 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 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 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 />shall pay for all costs and expenses in connection herewith. This section shall not apply to
<br />any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />REV: 05-02-18 PR
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<br />ATTY/AGR.2018.092/Google Inc.
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