|
6.1.J. - Page 35
<br /> written direction, or the San Mateo Countywide NPDES Municipal Stormwater Permit
<br /> {Regional Board Order 99-059, as amended by Regiortal Board Order R2-2003-0023, ar�d
<br /> any amendmen#s or re-issuances of the NPDES Permit) is occurring, has occurred or
<br /> threatens to occur. The abo�e Nsted agencies aiso ha�e a right to enter tl�e Property when
<br /> necessary for abatement of a pubGc nuisance or correction of a �iolation of the ordinance
<br /> guideline, criteria or other written direction. The City, Regional Board, or �he Mosq�ito
<br /> Abatemenf D�stric� shafl provide reasonable {as may be appropriate far the particular
<br /> c�rcumstances) notice�o the Property Owr�er before entering the property.
<br /> 8. Failure �o Maintain Treatment Measures. In the e�ent the Properly Owner fails to
<br /> mair�tain the stormwater treatmer�t measure(s) as shown on fhe approWed Site Plan or
<br /> comparable documer�t in good working order in accordance with the Mainter�ance Plan
<br /> incorporafed in fhe Agreemen�, the City, and i�s authorized ager�ts and employees with
<br /> reasonable written notice to the Properiy Owner, may enfer the Property and take
<br /> whafe�er steps if deems r�ecessary artd appropriate to �'eturn �he treatment measure(s) to
<br /> good working order. Such no�ice will not be necessary if emergency condi�ions require
<br /> immediate remedial action. This pro�ision shafl not be construed ta allow the City to erect
<br /> any sfructure of a permanent nature or� t�e Property. It is expressly unders#ood and
<br /> agreed that the City is under no obligatior� to maintain or repair the trea�ment measure(s)
<br /> and in no e�ent shall this Agreement be cons�rued to impose ar�y such obligatior� on the
<br /> , City.
<br /> 9. Reimbursemer�# of the Cit Ex enditures. In the e�ent the City, pursuant fo this
<br /> Agreement, perFarms work of any nature (direct or indirect}, indudir�g any re-
<br /> ir�speetions or any actior�s it deems r�ecessary or appropria#e to return the trea#ment
<br /> measure(s) in good workir�g order pursuant to S�ction 8, or expends any funds in the
<br /> perFormance of said work for labor, use of equipment, supplies, materials, and the like,
<br /> the Property 4wner shall reimburse the City demand within thirty (30) days of receipt
<br /> thereof for the reasonable cosfs incurred by the City hereunder. If these costs are not paid
<br /> withirt the preseribed time period, �he City may assess the Property Owner the cost of the
<br /> woric, bot� direct and indirect, and applicable penalties. Said assessment shall be a lier�
<br /> against the Property or may be placed on the property tax bil! and collecfed as ordinary
<br /> taxes by the City. The actions described in tl�is section are in addition to, and not in-lieu-
<br /> of, any and all legal remedies as prouided by law, a�ailable to the City as a result of the
<br /> Property Qwner's failure to maintain the treatment measure(s}.
<br /> 10. Indemni#ication. The Property Owr�er shall indemnify, hold harmless artd c�efend
<br /> tl�e Ci#y and its authorized agenfs, officers, officials ar�d employees from and a�ainst any
<br /> and all claims, demands, suits, dama�es, liabilities, losses, acc�dents, casuaities,
<br /> occurrences, claims and paymenfs, including attorney fees claimed or whic� might arise or
<br /> be asserted against the City �hat are alleged or pro�en to result or arise fram the
<br /> cons�ruction, presence, existence or maintenance of the treatment measure(s) by the
<br /> Property Owner. Ir� the event a claim is asserted against #he City, its aut�or�zed agents,
<br /> officers, officials or employees, the C�ty shall promptly notify the ProperEy Owner and the
<br /> Pro�erty Owr�er shal! defend at its own expense any suit based on such claim. If any
<br /> judgmer�t or claims against the City, i�s authorized agents, officers, officials or employees
<br /> ATTYlAGR12012,07�412580�CR(URBAN HOUSING)STORMWATER TFtEATM�N7 M�ASURES MAINTENAIVCE AGR
<br /> REV:O6-Ofi-12 VR
<br /> Page 4 of 7
<br />
|