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9. Reimbursement of City Expenditures. In the event City, pursuant to this
<br />Agreement, performs work of any nature (direct or indirect), including any re -inspections
<br />or any actions it deems necessary or appropriate to return the stormwater treatment
<br />measure(s) to good working order as indicated in Section 8, or expends any funds in the
<br />performance of said work for labor, use of equipment, supplies, materials, and the like,
<br />Property Owner will reimburse City for costs incurred by the City hereunder. Property Owner
<br />will make such reimbursement payments within thirty (30) days of receiving an invoice from
<br />City. If these costs are not paid within the prescribed time period, City may assess Property
<br />Owner the cost of the work, both direct and indirect, and applicable penalties. Said
<br />assessment will be a lien against the Property or may be placed on the property tax bill and
<br />collected as ordinary taxes by City. The actions described in this section are in addition to,
<br />and not in -lieu -of, any and all legal remedies as provided by law, available to City as a result
<br />of Property Owner's failure to maintain the stormwater treatment measure(s).
<br />10. Indemnification. Property Owner will indemnify, hold harmless and defend
<br />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,
<br />payments, costs and expenses, including attorney's fees, claimed or which might arise or be
<br />asserted against 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 Property
<br />Owner or City (each, individually, a "Claim," and collectively, "Claims"). In the event such a
<br />Claim is asserted against City, its authorized agents, officers, officials or employees, City will
<br />promptly notify Property Owner and Property Owner will defend at its own expense any suit
<br />based on such Claim. This section will not apply to any Claims that arise due to the gross
<br />negligence or willful misconduct of City. This Section 10 will survive the early termination of
<br />this Agreement.
<br />11. Insurance. Property Owner will obtain and maintain in full force and effect
<br />during the term of this Agreement the following insurance policies:
<br />11.1 General Liability. Property Owner shall maintain commercial general
<br />liability insurance with coverage at least as broad as Insurance Services Office form
<br />CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per
<br />occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury,
<br />personal injury, and property damage, including without limitation, blanket
<br />contractual liability and coverage for explosion, collapse and underground property
<br />damage hazards. Property Owner's general liability policies shall be primary and
<br />non-contributory, and be endorsed using Insurance Services Office form CG 20 10
<br />to provide that City and its officers, officials, employees, and agents shall be
<br />additional insureds under such policies. For construction contracts, an endorsement
<br />providing completed operations to the additional insured, ISO form CG 20 37, is also
<br />required.
<br />11.2 Workers' Compensation. Property Owner shall maintain Workers'
<br />Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with
<br />limits of at least One Million Dollars ($1,000,000). Property Owner shall submit to
<br />City, along with the certificate of insurance, a Waiver of Subrogation endorsement in
<br />favor of City, its officers, agents, employees, and volunteers.
<br />REV: 05-12-2020 PR
<br />ATTY/AGR.2020.075nVindy Hill PV Five CM, LLC (Page 4 of 21)
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