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8. Failure to Maintain Treatment Measures.
<br /> (a) M 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 /> ATTY/AGR/2016.160/CENTRUM OWNERS ASSOCIATION-STMMA
<br /> REV: 06-22-16 JS
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