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Property and take whatever steps it deems necessary and appropriate to return the
<br />stormwater treatment measure(s) to good working order. City will provide reasonable
<br />notice before such entry, provided that notice will not be necessary if emergency
<br />conditions require immediate remedial action. This provision will not be construed to allow
<br />City to erect any structure of a permanent nature on the Property. It is expressly
<br />understood and agreed that City is under no obligation to maintain or repair the
<br />stormwater treatment measure(s) and in no event will this Agreement be construed to
<br />impose any such obligation on City.
<br />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 -
<br />inspections or any actions it deems necessary or appropriate to return the stormwater
<br />treatment measure(s) to good working order as indicated in Section 8, or expends any
<br />funds in the performance of said work for labor, use of equipment, supplies, materials,
<br />and the like, Property Owner will reimburse City for costs incurred by the City hereunder.
<br />Property Owner will make such reimbursement payments within thirty (30) days of
<br />receiving an invoice from City. If these costs are not paid within the prescribed time
<br />period, City may assess Property Owner the cost of the work, both direct and indirect, and
<br />applicable penalties. Said assessment will be a lien against the Property or may be placed
<br />on the property tax bill and collected as ordinary taxes by City. The actions described in
<br />this section are in addition to, and not in -lieu -of, any and all legal remedies as provided by
<br />law, available to City as a result of Property Owner's failure to maintain the stormwater
<br />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
<br />promptly notify Property Owner and Property Owner will defend at its own expense any
<br />suit based on such Claim. This section will not apply to any Claims that arise due to the
<br />gross negligence or willful misconduct of City. This Section 10 will survive the early
<br />termination of this Agreement.
<br />11. Insurance. Property Owner will obtain and maintain in full force and effect during
<br />the term of this Agreement the following insurance policies:
<br />11.1 General Liability. Property Owner shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
<br />an amount not less than two million dollars ($2,000,000) per occurrence, four million
<br />dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property
<br />damage, including without limitation, blanket contractual liability and coverage for
<br />explosion, collapse and underground property damage hazards. Property Owner's general
<br />REV: 01-20-21 PR
<br />ATTY/AGR.2021.009/1548 Maple LLC (1548 Maple - STMMA) (Page 4 of 34)
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