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<br /> written direction, or the San Mateo Countywide NPDES Municipal Sformwa#er Permit
<br /> {Regional Board Order 99-059, as amended by Regiona[ Board �rder R2-2003-4023, and
<br /> any amendments or re-issuances of the NPDES Permit) is occurring, has occurred or
<br /> threatens to occur. The above listed agencies also have a right to enter the Praperty when
<br /> necessary#or abatement of a public nuisance or carrectian of a violation of the ordinance
<br /> guideline, criteria or other written direction. The City, Regional Board, or fhe Mosguito
<br /> Abatement District shafl provide reasonable �as may be appropriate for the parEicular
<br /> circumstances} natice to the Property Owner before entering the property.
<br /> 8. Failure to Maintain Treatment Measures. In the event the Praperly 4wner fails to
<br /> maintain the stormwater treatment measure(s) as shown on the appraved Site Plan or
<br /> comparable document in good working order in accordance with the Maintenanre Plan
<br /> incarporated in the Agreement, the City, and its autharized agents and employees with
<br /> reasonable written notice to the Property Qwner, may enter the Property and take
<br /> whatever steps it deems necessary and appropriate to return the treatment measure{s} to
<br /> good working order. Such notice will not be necessary if emergency conditions require
<br /> immediate remedial actian. This provision shall not be construed ta allow the City to erect
<br /> any structure of a permanent nature on the Property. It is expressly understood and
<br /> agreed that the City is under no ob[igation ta maintain or repair the treatment measure{s)
<br /> and in no event shall this Agreement be construed to impose any such obEigation on the
<br /> � t;k�/.
<br /> 9. Reimbursement of the Cit Ex enditures. [n the event the Ci#y, pursuant to this
<br /> ,�qreernent, performs work of any nature (direct or indirect), including any re-
<br /> inspections or any actions it deems necessary or appropria#e ta return the treatmen#
<br /> measure{s) irt good workirtg order pursuant to Section 8, or expends any funds in the
<br /> performance of said worlc for labor, use of equipment, suppEies, materials, and the like,
<br /> the Property Owner shal! reimburse the City demand within thirty (30) days of receipt
<br /> thereof for the reasonable cos#s incurred by the City hereunder. If these costs are not paid
<br /> within the prescribed time period, the City may assess the Property Owner the cost of the
<br /> woric, both direc# and indirect, and applicable penalties. Said assessment shall be a lien
<br /> against the Property or may be placecf on the properiy fiax bill and collected as ordinary
<br /> taxes by the City. The actions described in this section are in addition to, and not in-lieu-
<br /> of, any and all lega! remedies as provided by law, available to the City as a result of the
<br /> Property Owner's faiiure to maintain the treatment measure(s).
<br /> 10. Indemnification. The Property Owner shall indemnify, ha[d harmless and defend
<br /> the City and its authorized agents, officers, officials and employees from and against any
<br /> and all claims, demands, suits, damages, liabil�ies, losses, acciden#s, casual�ies,
<br /> occurrences, cEaims and payments, including attorney fees claimed or which might arise or
<br /> be asserted against the City that are alleged or proven to resu(t or arise fram the
<br /> construction, presence, existence or maintenance of the treatment measure{s} by the
<br /> ProperEy �wner. In the event a claim is asserted against the City, its authorized agents,
<br /> officers, officials or employees, the City shall promptly notify fhe Property Owner and the
<br /> Praperty Owner shall defend at its own expense any suit based on such claim. If any
<br /> judgment or claims against the City, its authorized agenfis, officers, officials or emplayees
<br /> ATTY/AGW2812.074/2580 ECR(URBAN HOUSING)STORMWATER TREA7MEN7lNEASURES MAINTENANCE AGR
<br /> REV:O6-Ofi-12 VR
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