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6.1.1. - Page 37
<br /> 9. Reimbursennent of the Ci Ex enditures. In the event the City, pursuant to this Agreame�nt,
<br /> perrforins work of any nature (direot or indiraot), including any re-ir�spections or any actions it deetns
<br /> necessary or apprapriata ta return the treatment measure{s) in good working order as indicated in
<br /> Section 8, or expends any funds in the perfor�ance of said work for labor, use of equipment, supplies,
<br /> materials, aud the like,the Property 4wner shall reimburse t�te City de�and within thirty(30) days of receipt
<br /> thereof for the cas�s incurred by fi.he City hereunder. If these costs are not paid within the p�•escribed time
<br /> period, the City may assess the Property Owner tl�e cos�of the wox�k, both direct and indirect, and applioabie
<br /> penaities. Said assessment shall be a lien against the Property or may be placed on the property ta��bill and
<br /> collected as ordinary t�es by the City. The actions described in t�ais section are in addition tio, and not in-
<br /> lieu-of, any and all legal remedies as provided by law, availab(e to the City as a result of the 1'raperty
<br /> Owaaer's failure to maintain the treatment measure(s).
<br /> 10. In.demnification. The Property Owner shall indernr�ify, hold harmless and defend the City arid its
<br /> authorized agents, officers, o£i�"icials and employees �rom and against any and all clainns, demands, suits,
<br /> damages, liabilities, losses, accidents, casualties, occun•ences, claims and payments, including a#torney fees
<br /> claimed or which rnight arise or be asserted against the City that are alleged or proven to result or arise from
<br /> the construction, presence, existence or maintenanca af the treatment �neasure{s} by the Property Oumer or
<br /> the City.In the event a cla'lxn is asserted against th.e City,its authorized agents,officers,off'icials or employees,
<br /> the City shall promptly notify the �roperty Owner and the Property Owner shall def�nd at its own expense
<br /> any suit based on such claim. If any ludgment or clai�ns against the City, its autharized agents, affic�rs,
<br /> ofFcials ar employees shall be allovved,the Property Owner shall pay£or all costs and expenses in connection
<br /> herewi�h. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents,
<br /> casual�ies, occurrences, ciaims and payments, including attorney fe�s claimed which arise due solely to the
<br /> �egligence or willfiil rnisconduct of the Ci�y.
<br /> I 1. No Additional Liability. It is t.�e intent o�this Agreement to insure the proper maintenance of the
<br /> treatment measure(s}by tha Property Owner; provided,however,that�is Agreement shall t�ot be dee�ned to
<br /> create or effect any additional liabitity not othe�tivise provided by lavv of any party for damaga alleged to
<br /> result frann or caused by storm wat�r runo�£
<br /> 12. Perfarrnar�ee Financial Assuranc�. Tk�e City may request the �roperty Owner to provide a
<br /> perfoi�tnance bo�d, security, or otherr appropriate financial assurance providing for the maintenance of the
<br /> sto�mwater treatment t�easure(s)pursuant to tha City's ordinances,guidelines,criteria or written direction.
<br /> 13. Transfer of Propettv. T�is Agreement shall run witl�the title to the land and any portion thereof
<br /> The Property O�+ner further agrees whenever the Propei�y or any portion�hereof is held, sold, con�eyed o�•
<br /> othezvaise transferred, it sha11 be subjeet to this Agreement�c�v�ich shall apply to,bind and be obligatory to
<br /> all present and subsequent aw�ers of�he Property or any portion thereof.
<br /> 14. Notiees. Tha name of the persons who are authorized to give writ�an notice� or to receive written
<br /> notica on bek�alf of City a�d on t�ehalf ofthe Property Owner under this Agreement.
<br /> For Ci :
<br /> City af Redwood Cify
<br /> Attn: City E�gineer
<br /> 1�17 Middlefield Road
<br /> Redwood City,CA 94Q63
<br /> Phona: 650-780�73$0 Fax: 650-780-7309
<br /> Email:PVorametsan�i@redwoodcity.org
<br /> AiTYIAGRl2012.067f5TORMWATER lVIAINTENANCE AGR��.MENT 207 MARSHALL
<br /> REV:06-04-�2 VR
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