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claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority
<br />of any lease, sublease or easement unless such instrument is expressly subordinated to
<br />such lien. The actions described in this section are in addition to, and not in -lieu -of, any
<br />and all legal remedies as provided by law, available to the City as a result of the Property
<br />Owner's failure to maintain the stormwater treatment 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
<br />and all claims, demands, suits, damages, liabilities, losses, accidents, casualties,
<br />occurrences, and payments, including attorney fees claimed or which might arise or be
<br />asserted against the City that are alleged or proven to result or arise from the construction,
<br />presence, existence or maintenance of the stormwater treatment measure(s) by the
<br />Property Owner or the City (collectively, "Claim"). In the event such a Claim is asserted
<br />against the City, its authorized agents, officers, officials or employees, the City shall
<br />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
<br />authorized agents, officers, officials or employees shall be allowed, the Property Owner
<br />shall pay for all costs and expenses in connection herewith. This section shall not apply to
<br />any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />and payments, including attorney fees claimed which arise due to the gross negligence or
<br />willful misconduct of the City.
<br />11. No Additional Liability. It is the intent of this Agreement to insure the maintenance
<br />of the stormwater treatment measure(s) by the Property Owner in accordance with the
<br />terms of this Agreement; 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
<br />damage alleged to result from or caused by storm water runoff.
<br />12. Performance Financial Assurance. The City may request the Property Owner to
<br />provide a performance bond, security, or other appropriate financial assurance providing
<br />for the maintenance of the stormwater treatment measure(s) pursuant to the City
<br />Stormwater Regulations.
<br />13. Transfer of Property. This Agreement shall run with the title to the land and any
<br />portion thereof. The Property Owner further agrees whenever the Property or any portion
<br />thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this
<br />Agreement which shall apply to, bind and be obligatory to all present and subsequent
<br />owners of the Property or any portion thereof.
<br />14. Notices. The name of the persons who are authorized to give written notices or
<br />to receive written notice on behalf of City and on behalf of the Property Owner under
<br />this Agreement.
<br />AM/AGR/2019.061/MP BRADFORD ASSOCIATES, L.P.,-STMMA
<br />REV: 03-20-19 PR
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