|
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 Cit i Ex enditures. 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. Insurance. Developer will obtain and maintain in full force and effect during
<br />the term of this Agreement the following insurance policies:
<br />12.1 General Liabilit . Developer 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. Developer's general liability policies
<br />shall be primary and non-contributory, and be endorsed using Insurance Services Office
<br />form CG 20 10 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 />REV: 04-07-2022 SK
<br />ATTY/AGR.2022.072/STMMA (Page 4 of 23)
<br />
|