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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 City and
<br />its authorized agents, officers, officials and employees from and against any and all claims,
<br />demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, payments,
<br />costs and expenses, including attorney's fees, claimed or which might arise or be asserted
<br />against City that are alleged or proven to result or arise from the construction, presence,
<br />existence or maintenance of the stormwater treatment measure(s) by Property Owner or
<br />City (each, individually, a "Claim," and collectively, "Claims"). In the event such a Claim is
<br />asserted against City, its authorized agents, officers, officials or employees, City will promptly
<br />notify Property Owner and Property Owner will defend at its own expense any suit based on
<br />such Claim. This section will not apply to any Claims that arise due to the gross negligence
<br />or willful misconduct of City. This Section 10 will survive the early termination of this
<br />Agreement.
<br />11. Insurance. Property Owner will obtain and maintain in full force and effect during the
<br />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 />11.3 Auto Liability. Property Owner shall provide auto liability coverage for
<br />owned, non -owned, and hired autos using ISO Business Auto Coverage form CA 00
<br />01, or the exact equivalent, with a limit of no less than One Million Dollars
<br />($1,000,000) per accident. If Property Owner owns no vehicles, this requirement may
<br />be met through a non -owned auto endorsement to the CGL policy.
<br />REV: 01-22-20 PR
<br />ATTY/AGR 2020.009/Bucky Bear, LLC (Page 4 of 21)
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