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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 insure 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.
<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)and HM controls(if any)pursuant to the City's ordinances,guidelines,criteria or written
<br /> 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.
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