|
�
<br /> 9. Reimbursement of the Citv Expenditures. In the event the City, pursuant to this Agreement,
<br /> performs work of any nature (direct or indirect), including any re-inspections or any actions it deems
<br /> necessary or appropriate to return the treatment measure(s) in good working order as indicated in
<br /> Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies,
<br /> materials,and the like,the Properly Owner shall reimburse the City demand within thirly(30)days of receipt
<br /> thereof for the costs incurred by the City hereunder. If these costs are not paid within the prescribed time
<br /> period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable
<br /> penalties. Said assessment shall be a lien against the Property or may be placed on the property tax bill and
<br /> collected as ordinary taxes by the City. The actions described in this section are in addition to, and not in-
<br /> lieu-of, any and all legal remedies as provided by law, available to the City as a result of the Property
<br /> Owner's failure to maintain the treatment measure(s).
<br /> 10. Indemnification. The Property Owner shall indemnify, hold harmless and defend the City and its
<br /> authorized agents, of�icers, officials and employees from and against any and all claims, demands, suits,
<br /> damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attomey fees
<br /> claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from
<br /> the construction, presence, existence or maintenance of the treatment measure(s) by the Properiy Owner or
<br /> the City.In the event a claim is asserted against the City,its authorized agents,officers,officials or employees,
<br /> the City shall promptly notify the Properiy Owner and the Property Owner shall defend at its own expense
<br /> any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers,
<br /> officials or employees shall be allowed,the Property Owner shall pay for all costs and expenses in connection
<br /> herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents,
<br /> casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the
<br /> negligence or willful misconduct of the City.
<br /> 11. No Additional Liabilitv. It is the intent of this Agreement to insure the proper maintenance of the
<br /> treatment measure(s)by the Properiy Owner; provided,however, that this Agreement shall not be deemed to
<br /> create or effect any additional liability not otherwise provided by law of any party for damage alleged to
<br /> result from or caused by storm water runoff.
<br /> 12. Performance Financial Assurance. The City may request the Property Owner to provide a
<br /> performance bond, security, or other appropriate financial assurance providing for the maintenance of the
<br /> stormwater treatment measure(s)pursuant to the City's ordinances,guidelines,criteria or written direction.
<br /> 13. Transfer of Propertv. This Agreement shall run with the title to the land and any portion thereof.
<br /> The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or
<br /> otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to
<br /> all present and subsequent owners of the Properiy or any portion thereof.
<br /> 14. Notices. The name of the persons who are authorized to give written notices or to receive written
<br /> notice on behalf of City and on behalf of the Property Owner under this Agreement.
<br /> For Ci :
<br /> City of Redwood City
<br /> Attn: City Engineer
<br /> 1017 Middlefield Road
<br /> Redwood City, CA 94063
<br /> Phone: 650-780-7380 Fax: 650-780-7309
<br /> Email:PVorametsanti@redwoodcity.org
<br /> ATTY/AGR/2012.067/STORMWATER MAINTENANCE AGREEMENT 201 MARSHALL
<br /> REV:06-04-12 VR
<br /> Page 4 of 6
<br />
|