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tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and
<br />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) and/or HM control(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
<br />be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence
<br />or maintenance of the treatment measure(s) and/or HM control(s) by the Property Owner or the City. In the
<br />event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall
<br />promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on
<br />such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees
<br />shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section
<br />shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />claims and 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 measure(s) and
<br />HM controls (if any) 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 to result
<br />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 appropriate
<br />financial assurance providing for the maintenance of the stormwater treatment measure(s) and HM controls (if
<br />any) 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 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
<br />competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or
<br />invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or
<br />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, within
<br />15 days after the execution date of this Agreement as stated above among the deed records of the County
<br />Recorder's 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 and/or HM controls (if
<br />any) located on the Property are no longer required, then the City, at the request of the Property Owner shall
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