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SECTION 10: INDEMNIFICATION
<br />The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents,
<br />officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses,
<br />accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be
<br />asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or
<br />maintenance of the treatment measure(s) by the Property Owner or the City. In the event a claim is asserted
<br />against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property
<br />Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or
<br />claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property
<br />Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims,
<br />demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including
<br />attomey fees claimed which arise due solely to the negligence or willful misconduct of the City.
<br />SECTION 11: NO ADDITIONAL LIABII.,ITY
<br />It is the intent of this agreement to insure the proper maintenance of the treatment measure(s) by the
<br />Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional
<br />liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water
<br />runoff.
<br />SECTION 12: PERFORMANCE FINANCIAL ASSURANCE
<br />The City may request the Property Owner to provide a performance bond, security or other appropriate
<br />financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City's
<br />ordinances, guidelines, criteria or written direction.
<br />SECTION 13: TRANSFER OF PROPERTY
<br />This Agreement shall run with the title to the land. The Property Owner further agrees whenever the
<br />Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall
<br />apply to, bind and be obligatory to all present and subsequent owners of the Property.
<br />SECTION 14: SEVERABILITY
<br />The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection,
<br />paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent
<br />jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the
<br />remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this
<br />Agreement.
<br />SECTION 15: RECORDATION
<br />This Agreement shall be recorded by the Property Owner, or by the City by mutual agreement, within 15
<br />days after the execution date of this Agreement as stated above among the deed records of the County Recorder's
<br />Office of the County of Alameda, California at the Property Owner's expense.
<br />SECTION 16: RELEASE OF AGREEMENT
<br />In the event that the City determines that the stormwater treatment measures located on the Property are
<br />no longer required, then the City, at the request of the Property Owner shall execute a release of this Inspection
<br />and Maintenance Agreement, which the Property Owner, or the City by mutual agreement, shall record in the
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