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not in lieu of any and all legal remedies as provided by law, available to the City as a result of the <br /> Property 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, <br /> damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney <br /> fees claimed or which might arise or he 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) by the <br /> Property Owner or the City. In the event a claim is asserted against the City, its authorized agents, <br /> officers, officials or employees, the City shall promptly notify the Property Owner and the Property <br /> Owner shall defend at its own expense any suit based on such claim. If any judgment or claims <br /> against the City, its authorized agents, officers, officials or employees shall be allowed, the Property <br /> Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any <br /> claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and <br /> 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 <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 <br /> alleged to result from or caused by storm water rnoff. <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 • <br /> measure(s) 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 <br /> the 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, <br /> this shall not affect or invalidate the remainder of any phrase clause, section, subsection, <br /> paragraph, 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 <br /> agreement, within 15 days after the execution date of this Agreement as stated above among the deed <br /> records of the County Recorder's Office of the County of Alameda, California at the Property Owner's <br /> expense. <br />