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whatever steps it deems necessary and appropriate to return the stormwater treatment
<br />measure(s) to good working order. City will provide reasonable notice before such entry,
<br />provided that notice will not be necessary if emergency conditions require immediate
<br />remedial action. This provision will not be construed to allow City to erect any structure of a
<br />permanent nature on the Property. It is expressly understood and agreed that City is
<br />under no obligation to maintain or repair the stormwater treatment measure(s) and in no
<br />event will this Agreement be construed to impose any such obligation on City.
<br />10. 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 9 (Failure to Maintain
<br />Treatment Measures), or expends any funds in the performance of said work for labor,
<br />use of equipment, supplies, materials, and the like, Property Owner will reimburse City for
<br />costs incurred by the City hereunder. Property Owner will make such reimbursement
<br />payments within thirty (30) days of receiving an invoice from City. If these costs are not paid
<br />within the prescribed time period, City may assess Property Ownerthe cost of the work, both
<br />direct and indirect, and applicable penalties. Said assessment will be a lien against the
<br />Property or may be placed on the property tax bill and collected as ordinary taxes by City.
<br />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 City as a result of Property Owner's failure to
<br />maintain the stormwater treatment measure(s).
<br />11. 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 11 will survive the early termination of
<br />this Agreement.
<br />12. Insurance. Property Owner will obtain and maintain in full force and effect
<br />during the term of this Agreement the following insurance policies:
<br />12.1 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 explosion,
<br />collapse and underground property damage hazards. Property Owner's general liability
<br />policies shall be primary and non-contributory, and be endorsed using Insurance Services
<br />Office form CG 20 10 to provide that City and its officers, officials, employees, and agents
<br />shall be additional insureds under such policies. For construction contracts, an
<br />REV: 04-07-2022 SK
<br />ATTY/AGR.2022.073/STMMA (Page 4 of 21)
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