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3. Property Owners acknowledge the existence of a storm drain easement within the <br />Channel Buffer Protection Area and recognize that the City, its employees and its agents may <br />perform storm drain related work within that easement. <br />4. Property Owners shall submit for City review and approval any proposed fertilizers, <br />pesticides or herbicides to be used within the Channel Buffer Protection Area; there shall be no <br />dumping of yard debris, grass clippings, or of oils, paints, or solvents within the Channel Buffer <br />Protection Area. <br />5. City may, after providing reasonable notice to the Property Owner, remove any <br />improvements or vegetation that has been placed within the Channel Buffer Protection Area if <br />such placement in the City's reasonable judgment is not in compliance with this Agreement. In <br />such event, the City's performance shall be at the Property Owner's sole expense and Property <br />Owner, upon demand of the City, shall pay City all reasonable expenses incurred by City in <br />connection therewith. The City's rights and remedies as provided in this paragraph shall be in <br />addition to any other rights or remedies the City may have at law or in equity. <br />6. Property Owners shall indemnify, defend and hold harmless the City, its Council, <br />employees and agents from any loss, claims, liability, or expenses, including reasonable <br />attorneys fees and costs, for personal injury or death, or property damage, arising out of or in <br />connection with the activities of Property Owner or his/her agents under this Agreement. <br />7. This Agreement shall be a covenant which is to run with the land and shall be binding <br />upon transferees, successors and assigns of the Property Owners and shall be recorded in the <br />Office of the Alameda County Recorder. <br />8. If any party to this Agreement initiates any action at law or in equity to enforce or <br />interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorneys <br />fees and costs in addition to any other relief to which it may otherwise be entitled. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date <br />first hereinabove written. <br />PROPERTY OWNERS <br />_ ~ ~/ J~ <br />Steven H. Jense Co-Trustee, or <br />successor of the Jensen 1988 <br />Living Trust <br />" ~ ~ _ ~---f' c' <br />Bobby J. J sen, s Co-Trustee, or <br />successor of the Jensen 1988 <br />Living Trust <br />