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SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES <br />In the event the Property Owner 'fails to maintain the stormwater treatment measure(s) as <br />shown on the approved Site Plan in good working order acceptable to the City and in accordance <br />with the maintenance plan incorporated in the Agreement, the City, and its authorized agents and <br />employees with reasonable notice, may enter the Property and take whatever steps it deems <br />necessary and appropriate to return the treatment measure(s) to good working order. Such notice will <br />not be necessary if emergency conditions require immediate remedial action. This provision shall not <br />be construed to allow the City to erect any structure of a permanent nature on the Property. It is <br />expressly understood and agreed that the City is under no obligation to maintain or repair the <br />treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation <br />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) in good working order as indicated in Section 8, or expends any funds <br />in the performance of said work for labor, use of equipment, supplies, materials, and the like, the <br />Property Owner shall reimburse the City, or shall forfeit any required bond upon demand within thirty <br />(30) days of receipt thereof for the costs incurred by the City hereunder provided that the City has <br />provided reasonable backup documentation of expended funds along with its demand. If these <br />costs are not paid within the prescribed time period, the City may assess the Property Owner the cost <br />of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against <br />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). <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) 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 to <br />result from or caused by storm water runoff. <br />4 <br />C:%Users) hoegDO%AppData%LocalWicrosoft%Windows%lNetCache%Content.OutlooldEP6SBXA5%Safeway Milk Plant - 0 M Agreement 1.12.21.doc <br />