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<br /> collected as ordinary taxes by the City. The actions described in this section are in addition to and not
<br /> 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
<br /> agents,officers,officials and employees from and against any and all claims,demands,suits,damages,
<br /> liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees
<br /> claimed or which might arise or be asserted against the City that are alleged or proven to result or arise
<br /> from the construction,presence,existence or maintenance of the treatment measure(s)by the Property
<br /> Owner or the City. In the event a claim is asserted against the City, its authorized agents, officers,
<br /> officials or employees,the City shall promptly notify the Property Owner and the Property Owner shall
<br /> defend at its own expense any suit based on such claim.If any judgment or claims against the City,its
<br /> authorized agents,officers,officials or employees shall be allowed,the Property Owner shall pay for
<br /> all costs and expenses in connection herewith. This section shall not apply to any claims, demands,
<br /> suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including
<br /> attorney fees claimed which arise due solely to the negligence or willful 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 alleged
<br /> to result from or caused by storm water runoff.
<br /> SECTION 12: PERFORMANCE FINANCIAL ASSURANCE
<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 measure(s)
<br /> 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 the
<br /> 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,this
<br /> I shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph,
<br /> 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 agreement,
<br /> within 15 days after the execution date of this Agreement as stated above among the deed records of the
<br /> County Recorder's Office of the County of Alameda,California at the Property Owner's expense.
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<br /> Narrative.docx 4
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