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Municipal Stormwater Permit (Regional Board Order 99-059, �s amended by Regional Board Order R2-2009-0074, and any amendments or re-issuances of the NPDES Permit) is occurring, has occuRed or threatens to occur. The above listed agencias �Iso have a right to enter the Prc�perty when necess�ry for abatement of � pubtic r�uisanc:e or correction of a viotation of the ordinance guideline, c�iteria or other written drection. The City, Regional Board, or the Mosquito Abaterrrent D�stric# shali provide reasonable (as may be appropriate for the particular circumstances) notice to the Propeity Owner before entering the property. 8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved S�e Plan or comparable document in good working orcler aoceptable to the Ci�ty and � acoar+danoe with the Maintenance Plan incorporated in the Agreement, the C'rty, and �ts authorized agents and employees with reasonable notice, may enter the Property�nd t�ke whatever steps it deems necessary and appropriate to retum the treatment measure(s) to good working order. Such no#ice wiil not be necessary if emergency cor�itions requiro immediate remedial actlon. This provision shall not be construed to all�v�S Ct�r to ered any stnacture of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatment measure(s} and �n no event shall this Agreement be construed to impose any such �iga�on � tt�e �Y• 9. �eimbursement of the Cttv Exaenditures. In the event the Ci�ty, pur�uant to this Agreement, performs work of any nature (direct or �ndirect)� fnduding �ny re- inspections or �ny actions it deems necessary or appropriate to retum the treatment measure(s) in good working order as indicated in Section 8, or expends any funds � the performance of said v�ork for labor, use of equipment, supplies, ma�erials, �nd the 4ike, the Property Owner shall reimburse the Gity demand vvi�thin thirty (30)days af neoeEpt thereof for the+costs tncurred by the Ci�r hereunder. If these costs are n� paid within the presc�ibed time pe�d, the Ci#y may assess the Property Owner the cost of the wrxk, both direc� and indirect, and appl'�cabte pena�ies. Said assessmerrt shall be a Eien �gat�st the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The ac�tions described in this sec�ion are in addit�n to, and not in-�eu-o�, �ny and aN legal remedies as provided by law, available to the City as a resu�of the Property Owne�'s failure to maintain the treatment measure(s). 10. Indemnificati�. The Property Owner shall indemnifiy, hold hamzless and defend the City and its authorized agents, officers, officials and employees from and against �ny and all daims, demands, suits, damages, liabiii�es, losses, aocider�ts, ca�lties, occurrences, daims and payments, induding attomey fees daimed or which might ar�e or be asserted against the City that are alleged or proven to resutt w �r�e from the constniction, presence� existence or maintenance of th� trea�t meast�re(sj by the Property Owner or the City. tn the event a daim is asserted ageinst the (�ty� i�s aulhorized agents, officers, officials or employees, the City shall prnrnptly no#ify the Prop�rty Ovmer and the Property Owner shall defend at its own expense any �it based � � dalm. If any judgment or daims against the City, its authorized agents, offi�ers, offi�als or RErr:0�-1�-ia vR Pa;e 4 of 7 ATTY/AaR.2014.035lOne M�rina Final Phaae-Stormwater A�reement