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.
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