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ATTY/AGR/2016.160/CENTRUM OWNERS ASSOCIATION-STMMA
<br />REV: 06-22-16 JS
<br />Page 5 of 9
<br />8. Failure to Maintain Treatment Measures.
<br />(a) In the event the Property Owner fails to maintain the stormwater treatment
<br />measure(s) as shown on the approved Site Plan in good working order acceptable to the City and
<br />in accordance with the Inspection and Maintenance Checklist, the City, and its authorized agents
<br />and employees with reasonable notice, may enter the School Site Portion of the Property and/or
<br />the Adjacent Property, as the case may be, and take whatever steps it deems necessary and
<br />appropriate to return the stormwater treatment measure(s) to good working order. Such notice will
<br />not be necessary if emergency conditions require immediate remedial action. This provision shall
<br />not be construed to allow the City to erect any structure of a permanent nature on the School Site
<br />Portion of the Property and/or the Adjacent Property, as the case may be. It is expressly understood
<br />and agreed that the City is under no obligation to maintain or repair the stormwater treatment
<br />measure(s) and in no event shall this Agreement be construed to impose any such obligation on
<br />the City.
<br />(b) Prior to any corrective action being taken under Section 8(a) above, the City
<br />agrees to notify the Property Owner in writing of any nonconformance with this Agreement and
<br />to specify the deficiencies and the actions required to be taken by the Property Owner to cure the
<br />deficiencies. Upon notification of any deficiency, the Property Owner shall have thirty (30) days
<br />within which to correct, remedy or cure the deficiency; provided, however, if more than thirty (30)
<br />days are reasonably required to correct, remedy or cure the deficiency and the City agrees in
<br />writing, the Property Owner shall be required to commence such correction, remedy or cure within
<br />such thirty (30) day period and to thereafter diligently pursue the same to completion.
<br />9. Reimbursement of the City Expenditures. In the event the City, pursuant to this
<br />Agreement, performs work of any nature (direct or indirect), including any re- inspections or any
<br />actions it deems necessary or appropriate to return the stormwater treatment measure(s) in good
<br />working order as indicated in Section 8, or expends any funds in the performance of said work for
<br />labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the
<br />City within forty-five (45) days of receipt of written demand specifying the costs incurred by the
<br />City hereunder. If these costs are not paid within the prescribed time period, the City may assess
<br />the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said
<br />assessment shall be a lien against the School Site Portion 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
<br />the City as a result of the Property Owner’s failure to maintain the stormwater treatment
<br />measure(s).
<br />10. Indemnification. The Property Owner shall indemnify, hold harmless and defend
<br />the City and its authorized agents, officers, officials and employees from and against any and all
<br />claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and
<br />payments, including attorney fees, claimed or which might arise or be asserted against the City
<br />that are alleged or proven to result or arise from the construction, presence, existence or
<br />maintenance of the stormwater treatment measure(s) by the Property Owner or the City
<br />(collectively, “Claim”). In the event such 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 />6.1.K. - Page 59
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