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<br />Property Owner's failure to maintain the treatment measure(s).
<br />SECTION 10: INDEMNIFICATION
<br />The Property Owner shall indemnify, hold harmless and defend the City and its authorized
<br />agents, offtcers, officials and employees from and against any and all claims, demands, suits,
<br />damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney
<br />fees claimed or which might arise or be asserted against the City that are alleged or proven to result or
<br />arise from the construction, presence, existence or maintenance of the treatment measure(s) by the
<br />Property Owner or the City. In the event a claim is asserted against the City, its authorized agents,
<br />officers, officials or employees, the City shall promptly notify the Property Owner and the Property
<br />Owner shall defend at its own expense any suit based on such claim. If any judgment or claims
<br />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
<br />claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
<br />payments, including attorney fees claimed which arise due solely to the negligence or willful
<br />misconduct of the City.
<br />SECTION 11: NO ADDITIONAL LIABILITY
<br />It is the intent of this agreement to insure the proper maintenance of the treatment
<br />measure(s) by the Property 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
<br />alleged to result from or caused by storm water runoff.
<br />SECTION 12: PERFORMANCE FINANCIAL ASSi7RANCE
<br />The City may request the Property Owner to provide a performance bond, security or other
<br />appropriate financial assurance providing for the maintenance of the stormwater treatment
<br />measure(s) pursuant to the City's 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
<br />whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this
<br />Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of
<br />the Property.
<br />SECTION 14: SEVERABILITY
<br />The provisions of this Agreement shall be severable and if any phrase, clause, section,
<br />subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional
<br />by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid,
<br />this shall not affect or invalidate the remainder of any phrase, clause, section, subsection,
<br />paragraph, subdivision, sentence or provision of this Agreement.
<br />SECTION 15: RECORDATION
<br />This Agreement shall be recorded by the Property Owner, or by the City by mutual
<br />agreement, within 15 days after the execution date of this Agreement as stated above among the deed
<br />records of the County Recorder's Office of the County of Alameda, California at the Property
<br />Owner's expense.
<br />G:\_LD\_Tracl Map 8 Parcel Map\TM7452-Evergreen Nursey\O & M Agreement.doc
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