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<br />accordance with the Maintenance Plan incorporated in the Agreement, the City, and its authorized
<br />agents and employees with reasonable notice and subj ect to the other Entry Conditions, may enter
<br />the Property 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 conditions
<br />require immediate remedial action. This provision shall not be construed to allow the City to erect
<br />any structure of a permanent nature on the Property. It is expressly understood and agreed that
<br />the City is under no obligation to maintain or repair the treatment measure(s) and in no event shall
<br />this Agreement be construed to impose any such obligation on the City.
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<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 reinspections or any
<br />actions it deems necessary or appropriate to return the treatment measure(s) in good working
<br />order as indicated in Section 8, or expends any funds in the performance of said work for labor,
<br />use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City
<br />within thirty (30) days of receipt of demand for the costs incurred by the City hereunder. If these
<br />costs are not paid within the prescribed time period, the City may assess the Property Owner the
<br />cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien
<br />against the Property or may be placed on the property tax bill and collected as ordinary taxes by
<br />the City. The actions described in this section are in addition to, and not in-lieu-of, any and all legal
<br />remedies as provided by law, available to the City as a result of the Property Owner's failure to
<br />maintain the treatment measure(s).
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<br />10. Indemnification. The Property Owner shall indemnify, hold harmless and defend the City
<br />and its authorized agents, officers, officials and employees from and against any and all claims,
<br />demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments,
<br />including attorney fees claimed or which might arise or be asserted against the City that are alleged or
<br />proven to result or arise from the construction, presence, existence or maintenance of the treatment
<br />measure(s) by the Property Owner. In the event a claim is asserted against the City, its authorized
<br />agents, officers, officials or employees, the City shall promptly notify the Property Owner and the
<br />Property Owner shall defend at its own expense any suit based on such claim. If any judgment or
<br />claims against the City, its authorized agents, officers, officials or employees shall be allowed, the
<br />Property Owner shall pay for all costs and expenses in connection herewith. This section shall not
<br />apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />claims and payments, including attorney fees claimed which arise due solely to the negligence or
<br />willful misconduct of the City.
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<br />11. No Additional Liability. It is the intent of this Agreement to insure the proper maintenance
<br />of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not
<br />be deemed to 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.
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<br />12. Performance Financial Assurance. The City may request the Property Owner to provide a
<br />performance bond, security, or other appropriate fmancial assurance providing for the
<br />maintenance of the stormwater treatment measure(s) pursuant to the City's ordinances, guidelines,
<br />criteria or written direction.
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