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Stormwater Regulations, or the NPDES Permit, and any amendments or re-issuances of
<br />the NPDES Permit) is occurring, has occurred or threatens to occur. The above listed
<br />agencies also have a right to enter the Property when necessary for abatement of a public
<br />nuisance or correction of a violation of the City Stormwater Regulations. In any event, the
<br />City, Regional Board, or the Mosquito Abatement District shall coordinate with and provide
<br />reasonable (as may be appropriate for the particular circumstances) notice to the Property
<br />Owner before entering the property, absent exigent circumstances.
<br />11. Failure to Maintain Treatment Measures. In the event the Property Owner fails to
<br />maintain the Stormwater Treatment Measures as shown on the approved Site Plan in
<br />good working order in compliance with the NPDES Permit as determined by the City and
<br />in accordance with the Inspection and Maintenance Checklist, the City, and its authorized
<br />agents and employees with five (5) business days’ notice and reasonable coordination to
<br />minimize impacts to the school site, or school or Property Owner’s operations and programs
<br />on the school site, may enter the Property and take whatever steps it deems necessary
<br />and appropriate to return the Stormwater Treatment Measures 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 Stormwater Treatment Measures and in no event shall
<br />this Agreement be construed to impose any such obligation on the City.
<br />12. 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-inspections
<br />or any actions it deems necessary or appropriate to return the Stormwater Treatment
<br />Measures in good working order as indicated in Section 11, or expends any funds in the
<br />performance of said work for labor, use of equipment, supplies, materials, and the like, the
<br />Property Owner shall reimburse the City demand within thirty (30) days of receipt thereof for
<br />reasonable and necessary costs incurred by the City hereunder. This timeframe may be
<br />extended by the City if the Property Owner reasonably requires additional information in
<br />order to reimburse the City, or if an amount is disputed. If reasonable and necessary costs
<br />are not paid within the prescribed time period, the City may assess the Property Owner the
<br />cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be
<br />a lien against the Property or may be placed on the property tax bill and collected as
<br />ordinary taxes by the City. The actions described in this section are in addition to, and not
<br />in-lieu-of, any and all legal remedies as provided by law, available to the City as a result of
<br />the Property Owner’s failure to maintain the Stormwater Treatment Measure(s).
<br />13. Indemnification. The Property Owner shall indemnify, hold harmless and defend the
<br />City and its City Council, authorized agents, officers, officials, directors and employees from
<br />and against any and all claims, demands, suits, damages, liabilities, losses, accidents,
<br />casualties, occurrences, and payments, including attorney fees claimed or which might arise
<br />or be asserted against the City that are alleged or proven to result or arise from Property
<br />Owner’s obligations or performance under this Agreement. In the event such a claim is
<br />asserted against the City, its City Council, authorized agents, officers, officials or employees,
<br />the City shall promptly notify the Property Owner and the Property Owner shall defend at its
<br />own expense any suit based on such claim. If any judgment or such claims against the City,
<br />REV: 07-27-18 PR
<br />ATTY/AGR/2018.162/REDWOOD CITY SCHOOL DISTRICT - STMMA
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<br />6.1.B. - Page 11
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