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designed and approved.
<br /> SECTION 7: ACCESS TO THE PROPERTY
<br /> The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water
<br /> Quality Control Board (Regional Board); the Alameda County Mosquito Abatement District (Mosquito
<br /> Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and
<br /> in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that
<br /> treatment measures are being properly maintained and are continuing to perform in an adequate manner to
<br /> protect water quality and the public health and safety. This includes the right to enter upon the Property when it
<br /> has a reasonable basis to believe that a violation of this Agreement, the City's stormwater management
<br /> ordinance, guidelines, criteria, other written direction, or the Alameda Countywide Clean Water Program's
<br /> NPDES municipal stormwater permit (Regional Board Order R2-2003-0021, and any amendments or
<br /> reissuances of this permit) is occurring,has occurred or threatens to occur. The above listed agencies also have a
<br /> right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the
<br /> ordinance guideline, criteria or other written direction. Whenever possible, the City, RWQCB, or the Mosquito
<br /> Abatement District shall provide reasonable notice to the Property Owner before entering the property.
<br /> SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
<br /> In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the
<br /> approved Site Plan or comparable document in good working order acceptable to the City and in accordance
<br /> with the maintenance plan incorporated in the Agreement, the City, and its authorized agents and employees
<br /> with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to
<br /> return the treatment measure(s) to good working order. Such notice will not be necessary if emergency
<br /> conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any
<br /> structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under
<br /> no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed
<br /> to impose any such obligation on the City.
<br /> SECTION 9: REIMBURSEMENT OF CITY EXPENDITURES
<br /> In the event the City, pursuant to the Agreement, performs work of any nature (direct or indirect),
<br /> including any re-inspections or any actions it deems necessary or appropriate to return the treatment
<br /> measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said
<br /> work for labor, use of equipment, supplies, materials,and the like,the Property Owner shall reimburse the City,
<br /> or shall forfeit any required bond upon demand within thirty(30) days of receipt thereof for the costs incurred by
<br /> the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the
<br /> Property Owner the cost of the work,both direct and indirect,and applicable penalties. Said assessment shall be a
<br /> lien against the Property, or prorated against the beneficial users of the Property or may be placed on the
<br /> property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition
<br /> to and not in lieu of any and all legal remedies as provided by law,available to the City as a result of the Property
<br /> 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 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,
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