|
<br />8. Failure to Maintain Treatment Measures. In the event the Property Owner fails
<br />to maintain the stormwater treatment measure(s) as shown on the approved Site Plan
<br />or comparable document in good working order acceptable to the City and in
<br />accordance with the Maintenance Plan incorporated in the Agreement, the City, and
<br />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
<br />measure(s) to good working order. Such notice will not be necessary if emergency
<br />conditions require immediate remedial action. This provision shall not be construed to
<br />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
<br />repair the treatment measure(s) and in no event shall this Agreement be construed to
<br />impose any such obligation on the City.
<br />
<br />9. Reimbursement of the City Expenditures. In the event the City, pursuant to
<br />this Agreement, performs work of any nature (direct or indirect), including any re-
<br />inspections or any actions it deems necessary or appropriate to return the
<br />treatment measure(s) in good working order as indicated in Section 8, or expends
<br />any funds in the performance of said work for labor, use of equipment, supplies,
<br />materials, and the like, the Property Owner shall reimburse the City demand within thirty
<br />(30) days of receipt thereof for the costs incurred by the City hereunder. If these costs
<br />are not paid within the prescribed time period, the City may assess the Property Owner
<br />the cost of the work, both direct and indirect, and applicable penalties. Said assessment
<br />shall be a lien against the Property or may be placed on the property tax bill and
<br />collected as ordinary taxes by the City. The actions described in this section are in
<br />addition to, and not in-Iieu-of, any and all legal remedies as provided by law, available
<br />to the City as a result of the Property Owner's failure to maintain the treatment
<br />measure(s).
<br />
<br />10. Indemnification. The Property Owner shall indemnify, hold harmless and
<br />defend the City and its authorized agents, officers, officials and employees from and
<br />against any and all claims, demands, suits, damages, liabilities, losses, accidents,
<br />casualties, occurrences, claims and payments, including attorney fees claimed or which
<br />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
<br />measure(s) by the Property Owner or the City. In the event a claim is asserted against
<br />the City, its authorized agents, officers, officials or employees, the City shall promptly
<br />notify the Property Owner and the Property Owner shall defend at its own expense any
<br />suit based on such claim. If any judgment or claims against the City, its authorized
<br />agents, officers, officials or employees shall be allowed, the Property Owner shall pay
<br />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,
<br />claims and payments, including attorney fees claimed which arise due solely to the
<br />negligence or willful misconduct of the City.
<br />
<br />11. No Additional Liabilitv. It is the intent of this Agreement to insure the proper
<br />maintenance of the treatment measure(s) by the Property Owner; provided, however,
<br />
<br />-5-
<br />
|