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SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES AND HM
<br />CONTROLS
<br />In the event the Property Owner fails to maintain the stormwater treatment measure(s)
<br />and/or HM controls as shown on the approved Site Plan or comparable document in good working
<br />order acceptable to the City and in accordance with the maintenance plan incorporated in the
<br />Agreement, the City, and its authorized agents and employees with reasonable notice, may enter
<br />the Property and take whatever steps it deems necessary and appropriate to return the treatment
<br />measure(s) and/or HM control(s) to good working order. Such notice will not be necessary if
<br />emergency conditions require immediate remedial action. This provision shall not be construed to
<br />allow the City to erect any structure of a permanent nature on the Property. It is expressly
<br />understood and agreed that the City is under no obligation to maintain or repair the treatment
<br />measure(s) and/or HM control(s) and in no event shall this Agreement be construed to impose any
<br />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
<br />indirect), including any reinspections or any actions it deems necessary or appropriate to return
<br />the treatment measure(s) and/or HM control(s) in good working order as indicated in Section 8,
<br />or expends any funds in the performance of said work for labor, use of equipment, supplies,
<br />materials, and the like, the Property Owner shall reimburse the City, or shall forfeit any required bond
<br />upon demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. If
<br />these costs are not paid within the prescribed time period, the City may assess the Property Owner
<br />the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien
<br />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
<br />are in addition to and not in lieu of any and all legal remedies as provided by law, available to the
<br />City as a result of the Property Owner's failure to maintain the treatment measure(s) and/or HM
<br />control(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,
<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) and/or
<br />HM control(s) by the Property Owner or the City. In the event a claim is asserted against the City, its
<br />authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner
<br />and the Property Owner shall defend at its own expense any suit based on such claim. If any
<br />judgment or claims against the City, its authorized agents, officers, officials or employees shall be
<br />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,
<br />occurrences, claims and payments, including attorney fees claimed which arise due solely to the
<br />negligence or willful misconduct of the City.
<br />SECTION 11: NO ADDITIONAL LIABILITY
<br />It is the intent of this agreement to ensure the proper maintenance of the treatment
<br />measure(s) and HM controls (if any) by the Property Owner; provided, however, that this Agreement
<br />shall not be deemed to create or effect any additional liability not otherwise provided by law of any
<br />party for damage alleged to result from or caused by storm water runoff.
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<br />K:IOAK_LDEV\197051001 -Williams Street-OCT San Leandro\KHA Reports & Documents\Stormwater\O&MIO&M Agreement_ Williams.doc
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