REIMBURSEMENT AND PAYMENT OF COSTS. In the event City performs work of any nature (direct or indirect), including work under Section 8, above, any inspections/re-inspections, or other actions City deems necessary or appropriate to return the Stormwater Treatment Systems to good working order, or incurs any direct or indirect costs or expends any funds in or related thereto (including the performance of said work for labor, use of equipment, supplies, materials, and the like); or any penalties, fees, fines, and other monetary and non-monetary penalties, reparations, or mitigations arising out of or related to Property Owner’s failure to inspect and maintain and submit reports for the Stormwater Treatment Systems, are imposed on or assessed against City (the foregoing are collectively referred to herein as “Costs”), Property Owner shall reimburse City for such Costs within thirty (30) days of receipt of City’s written demand, and/or shall forfeit any required bond upon demand. If the Costs are not paid within the prescribed time period, City may assess Property Owner for the Costs and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the property tax xxxx and collected at the same time and in the same manner as ordinary municipal taxes are collected as provided in Government Code § 38773.5. The actions described in this Section 9 are in addition to, and not in lieu of, any and all legal remedies as provided in any applicable CC&Rs, by law or equity, or otherwise available to City as a result of failure to maintain the Stormwater Treatment Systems.
Appears in 2 contracts
Samples: Stormwater Treatment Systems Operation and Maintenance Agreement, Stormwater Treatment Systems Operation and Maintenance Agreement
REIMBURSEMENT AND PAYMENT OF COSTS. In the event City performs work of any nature (direct or indirect), including work under Section 8, above, any inspections/re-inspections, or other actions City deems necessary or appropriate to return the Stormwater Treatment Systems to good working order, or incurs any direct or indirect costs or expends any funds in or related thereto (including the performance of said work for labor, use of equipment, supplies, materials, and the like); or any penalties, fees, fines, and other monetary and non-monetary penalties, reparations, or mitigations arising out of or related to Property Owner’s failure to inspect and maintain and submit reports for the Stormwater Treatment Systems, are imposed on or assessed against City (the foregoing are collectively referred to herein as “Costs”), Property Owner shall reimburse City for such Costs within thirty (30) days of receipt of City’s written demand, and/or shall forfeit any required bond upon demand. If the Costs are not paid within the prescribed time period, City may assess Property Owner for the Costs and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the property tax xxxx and collected at the same time and in the same manner as ordinary municipal taxes are collected as provided in Government Code § 38773.5. The actions described in this Section 9 are in addition to, and not in lieu of, any and all legal remedies as provided in any applicable the CC&Rs, by law or equity, or otherwise available to City as a result of failure to maintain the Stormwater Treatment Systems.
Appears in 2 contracts
Samples: Stormwater Treatment Systems Operation and Maintenance Agreement, Stormwater Treatment Systems Operation and Maintenance Agreement