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CONTROLS
<br />In the event the Property Owner fails to maintain the stormwater treatment measure(s) and/or
<br />HM controls as shown on the approved Site Plan or comparable document in good working order
<br />acceptable to the City and in accordance with the maintenance plan incorporated in the Agreement,
<br />the City, and its authorized agents and employees with reasonable notice, may enter the Property
<br />and take whatever steps it deems necessary and appropriate to return the treatment measure(s) and/or
<br />HM control(s) to good working order. Such notice will not be necessary if emergency conditions
<br />require immediate remedial action. This provision shall not be construed to allow the City to erect any
<br />structure of a permanent nature on the Property. It is expressly understood and agreed that the City
<br />is under no obligation to maintain or repair the treatment measure(s) and/or HM control(s) or any
<br />other structures upon the Property and in no event shall this Agreement be construed to impose any
<br />such obligation 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 reinspection's or any actions it deems necessary or appropriate to return
<br />the treatment measure(s) and/or HM control(s) in good working order as indicated in Section 8, or
<br />expends any funds in the performance of said work for labor, use of equipment, supplies, materials,
<br />and the like, the Property Owner shall reimburse the City, or shall forfeit any required bond upon
<br />demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. 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 property
<br />tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition
<br />to and not in lieu of any and all legal remedies as provided by law, available to the City as a result of
<br />the Property Owner's failure to maintain the treatment measure(s) and/or HM 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, damages,
<br />liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees
<br />claimed or which might arise or be asserted against the City that are alleged or proven to result or arise
<br />from the construction, presence, existence or maintenance of the treatment measure(s) and/or HM
<br />control(s) by the Property Owner or the City. In the event a claim related to such treatment measure(s)
<br />and/or HM control(s) is asserted against the City, its authorized agents, officers, officials or employees,
<br />the City shall promptly notify the Property Owner and the Property Owner shall defend at its own
<br />expense any suit based on such claim. If any judgment or claims against the City, its authorized agents,
<br />officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and
<br />expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages,
<br />liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees
<br />claimed which arise due solely to the gross negligence or willful misconduct of the City as determined
<br />by a court of competent jurisdiction.
<br />SECTION 11: NO ADDITIONAL LIABILITY
<br />It is the intent of this Agreement to ensure 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 />G:\_LD\_Applications, Forms, and Guidelines\O & M Agreement
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