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9. Failure to Maintain Treatment Measures. In the event Developer fails to <br />maintain the stormwater treatment measure(s) as shown on the approved Site Plan in <br />good working order acceptable to City and in accordance with the Inspection and <br />Maintenance Checklist, City and its authorized agents and employees may enter the <br />Property and take whatever steps it deems necessary and appropriate to return the <br />stormwater treatment measure(s) to good working order. City will provide reasonable <br />notice before such entry, provided that notice will not be necessary if emergency <br />conditions require immediate remedial action. This provision will not be construed to <br />allow City to erect any structure of a permanent nature on the Property. It is expressly <br />understood and agreed that City is under no obligation to maintain or repair the <br />stormwater treatment measure(s) and in no event will this Agreement be construed to <br />impose any such obligation on City. <br />10. Reimbursement of City Expenditures. In the event 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 />measure(s) to good working order as indicated in Section 9 (Failure to Maintain Treatment <br />Measures), or expends any funds in the performance of said work for labor, use of <br />equipment, supplies, materials, and the like, Developer will reimburse City for costs <br />incurred by the City hereunder. Developer will make such reimbursement payments within <br />thirty (30) days of receiving an invoice from City. If these costs are not paid within the <br />prescribed time period, City may assess Developer the cost of the work, both direct and <br />indirect, and applicable penalties. Said assessment will be a lien against the Property or <br />may be placed on the property tax bill and collected as ordinary taxes by City. The actions <br />described in this section are in addition to, and not in -lieu -of, any and all legal remedies <br />as provided by law, available to City as a result of Developer's failure to maintain the <br />stormwater treatment measure(s). <br />11. Indemnification. Developer will indemnify, hold harmless and defend City <br />and its authorized agents, officers, officials and employees from and against any and all <br />claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, <br />payments, costs and expenses, including attorney's fees, claimed or which might arise or <br />be asserted against 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 <br />Developer or City (each, individually, a "Claim," and collectively, "Claims"). In the event <br />such a Claim is asserted against City, its authorized agents, officers, officials or <br />employees, City will promptly notify Developer and Developer will defend at its own <br />expense any suit based on such Claim. This section will not apply to any Claims that arise <br />due to the gross negligence or willful misconduct of City. This Section 11 will survive the <br />early termination of this Agreement. <br />12. Reserved <br />13. No Additional Liability. It is the intent of this Agreement to insure the proper <br />maintenance of the stormwater treatment measure(s) by Developer; provided, however, <br />that this Agreement will not be deemed to create or effect any additional liability not <br />otherwise provided by law of any party for damage alleged to result from or caused by <br />stormwater runoff. <br />REV: 09-11-25 VR <br />ATTY/AGR.2025.228/Norcal Home Builders (848 Edgewood Rd) (Page 4 of 14) <br />