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of a violation of City Stormwater Regulations. City, the Regional Board, or the Mosquito
<br />Abatement District will provide reasonable (as may be appropriate for the particular
<br />circumstances) notice to Developer before entering the property.
<br />9. Failure to Maintain Treatment Measures. In the event Developer fails to maintain
<br />the stormwater treatment measure(s) as shown on the approved Site Plan in good
<br />working order acceptable to City and in accordance with the Inspection and Maintenance
<br />Checklist, City and its authorized agents and employees may enter the Property and take
<br />whatever steps it deems necessary and appropriate to return the stormwater treatment
<br />measure(s) to good working order. City will provide reasonable notice before such entry,
<br />provided that notice will not be necessary if emergency conditions require immediate
<br />remedial action. This provision will not be construed to allow City to erect any structure of
<br />a permanent nature on the Property. It is expressly understood and agreed that City is
<br />under no obligation to maintain or repair the stormwater treatment measure(s) and in no
<br />event will this Agreement be construed to 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 and its
<br />authorized agents, officers, officials and employees from and against any and all claims,
<br />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. 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 />REV: 11-18-25 VR
<br />ATTY/AGR.2025.314/Joel Singh, Jitendra Singh, and Angela Singh (Page 4 of 14)
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