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or any actions it deems necessary or appropriate to return the stormwater treatment
<br />measure(s) to good working order as indicated in Section 8, or expends any funds in the
<br />performance of said work for labor, use of equipment, supplies, materials, and the like,
<br />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
<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 10 will survive the early termination of
<br />this Agreement.
<br />11. Insurance. Property Owner will obtain and maintain in full force and effect
<br />during the term of this Agreement the following insurance policies:
<br />11.1 General Liability. Property Owner shall maintain commercial general
<br />liability and excess liability insurance with coverage at least as broad as Insurance
<br />Services Office form CG 00 01, in a combined amount not less than Two Million
<br />Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general
<br />aggregate, for bodily injury, personal injury, and property damage, including without
<br />limitation, blanket contractual liability and coverage for explosion, collapse and
<br />underground property damage hazards. Property Owner's general liability policies
<br />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
<br />agents shall be additional insureds under such policies. For construction contracts,
<br />an endorsement providing completed operations to the additional insured, ISO form
<br />CG 20 37, is also required.
<br />11.2 Workers' Compensation. At any time Property Owner has direct
<br />employees, Property Owner shall maintain Workers' Compensation Insurance
<br />(Statutory Limits) and Employer's Liability Insurance with limits of at least One Million
<br />Dollars ($1,000,000). Property Owner shall submit to City, along with the certificate
<br />of insurance, a Waiver of Subrogation endorsement in favor of City, its officers,
<br />agents, employees, and volunteers.
<br />REV: 02-20-2020 PR
<br />11.3 Auto Liability. At any time Property Owner has direct employees or
<br />ATTY/AGR.2020.035/Premia 1180 Main Owner, LLC (Page 4 of 18)
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