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6.1.D. - Page 127 Board Order R2-2003�0023, and any amendmertts or re-issuances of the NPDES P�rmi�) is occurring, has occurred or threatens to occ�r. The abo�e listed agencies also have a right to enter the Property wher� r�ecessary for abatement of a pubEic nuisar�ce or correctiar� of a violation of the ordinance guideline, criter�a or other wriften direction. The City, Regior�al Board, or the Masqui�o Abatement District shall provide reasonable (as may �e appropriate for the particular circumstances} notice to the Property �wner before entering the property. 8. Failure to Maintair� Treatment Measures. Ir� tF�e e�ent the Property Owner fails to maintain the stormwater treatment measure(s} as showr� or� the approved Site Plar� or comparable document in good working order accep�able to the City anc� in accordance with the Maintenance Plan incorporated in the Agreement, the City, and its authorized ager�ts and employees with reasor�able notice, may enter the Property and take whate�er sfeps if deems necessary and appropriate to return the treatment measure(s} to good working arder. Such �otice will r�ot be rtecessary if emergency conditions require immediafe remedial action. This provision shal� not be construed to allow�he City to erect any struc�ure af a permanent natu�'e on the Property. It is expressly understood a�d agreed that �he City is under no obiiga�ian �o mair�tain or repair the treafinent measure(s} ar�d in no event shall this Agreement be cor�strued to impose any such obligation on the City. 9. Reimbursement of the City Expenditures. In the e�er�t t�e City, pursuant to tt�is Agreement, perForms wark of any nature {direct or ir�c�irect), inciuding any re� inspections or any actions it deems necessary or appropriate ta return the treatment meas�re(s) in good working order as indicate� in Seetion 8, or expends any f�nds ir� t�e perFormance of said work for labor, use of eq�aipment, supplies, rnaterials, ar�d the like, the Property Owner shall reimburse the City demand wit�in thirfiy (30} days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid withir� the prescri�ed time period, �he City may assess the Pro�erty Owner the cost of the work, both direc� and indir�ct, and applicable penaities. Said assessment s�all be a lien against the Property or may be placed on �he proper�y tax bill and collected as ordinary taxes by the Cify. The aetions described in �his section are in addition to, and not in-lieu-of, ar�y and all legal remedies as provided by law, availaf�le to the City as a result of t�� Property 4wner's failure to maintain fhe treatment meas�re(s). 10. Indemnificafion. The Property Owner shall ir�demr�ify, hoid harmless and defend the City and its authorized agenfs, officers, officials and employees from and agair�st any and afl claims, demands, suits, damages, liabilities, fosses, accider�ts, cas�aalties, oecurrences, claims and payments, including attorr�ey fe�s claimed or which might arise or be asserfiec� against the City that are alleged or proven to result or arise from tl�e constructior�, preser�ce, existence or maintenance of the treatment measure(s} by the Property Owner or the City. In the e�ent a claim is asserted against�he City, its at�thorized agents, ofFicers, officials or empfoyees, the City shall promptly �otify the Property Owr�er and the Property Owner` shall defend at its owr� exper�se any suit based on such claim. If any judgment or claims against the C�ty, its authorized agents, afficers, officials or empioyees shall be allowed, the Property Owner shall pay for all costs ar�d expenses in ATTYIAGR/2013.011l5TORMWATER'�REATM�NT M�ASIJR�S MAIIVTENANCE AGREEMENT ON�NIARINA REV;01-1�}-13 VR Page 4 of 7