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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 notice <br />before such entry, provided that notice will not be necessary if emergency conditions require <br />immediate remedial action. This provision will not be construed to allow City to erect any <br />structure of a permanent nature on the Property. It is expressly understood and agreed <br />that City is under no obligation to maintain or repair the stormwater treatment measure(s) <br />and in no 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, Developer will reimburse City for costs <br />incurred by the City hereunder. Developer will make such reimbursement payments within <br />thirty (30) days of receiving an invoice from City. If these costs are not paid within the <br />prescribed time period, City may assess Developer the cost of the work, both direct and <br />indirect, and applicable penalties. Said assessment will be a lien against the Property or <br />may be placed on the property tax bill and collected as ordinary taxes by City. The actions <br />described in this section are in addition to, and not in -lieu -of, any and all legal remedies as <br />provided by law, available to City as a result of Developer's failure to maintain the stormwater <br />treatment measure(s). <br />11. Indemnification. Developer 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 Developer or City <br />(each, individually, a "Claim," and collectively, "Claims"). In the event such a Claim is asserted <br />against City, its authorized agents, officers, officials or employees, City will promptly notify <br />Developer and Developer will defend at its own expense any suit based on such Claim. This <br />section will not apply to any Claims that arise due to the gross negligence or willful <br />misconduct of City. This Section 11 will survive the early termination of this Agreement. <br />12. Reserved, <br />13. No Additional Liability. It is the intent of this Agreement to insure the proper <br />maintenance of the stormwater treatment measure(s) by Developer; provided, however, <br />that this Agreement will not be deemed to create or effect any additional liability not <br />otherwise provided by law of any party for damage alleged to result from or caused by <br />stormwater runoff. <br />14. Performance Financial Assurance. City may request Developer to provide <br />a performance bond, security, or other appropriate financial assurance providing for the <br />maintenance of the stormwater treatment measure(s) pursuant to City Stormwater <br />Regulations. <br />is +��xsas�y� <br />ATTY/AGR.2022.234/Amin Ronaghi (1440 Jefferson Ave) (Page 4 of 15) <br />