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have thirty (30) days within which to correct, remedy or cure the deficiencies (or such longer
<br />period of time as may reasonably be required, provided that the Developershall commence to
<br />remedy such default within such thirty (30) day period and thereafter diligently prosecute such
<br />remedy to completion). If the written notification states that the problem is urgent and relates
<br />to the public health and safety, then the Developer shall have twenty-four (24) hours to rectify
<br />the problem. 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 under
<br />no obligation to maintain or repair the stormwater treatment measure(s) and in no event will
<br />this Agreement be construed to 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 -inspections or
<br />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 />Developer will reimburse City for costs incurred by the City hereunder. Developer will make
<br />such reimbursement payments within thirty (30) days of receiving an invoice from City. If
<br />these costs are not paid within the prescribed time period, City may assess the cost of the
<br />work, both direct and indirect, and applicable penalties. Said assessment will be a lien against
<br />the Property or may be placed on the property tax bill and collected as ordinary taxes by City.
<br />This lien shall affect all parcels jointly if portions of the Property have been sold. Any lien in
<br />favor of the City created or claimed hereunder is expressly made subject and subordinate to
<br />any mortgage or deed of trust made in good faith and for value, recorded as of the date of
<br />the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat,
<br />invalidate, or impair the obligation or priority of any such mortgage of deed of trust. No lien in
<br />favor of the City created or claimed hereunder shall in any way defeat, invalidate, or impair
<br />the obligation or priority of any lease, sublease, or easement. The actions described in this
<br />section are in addition to, and not in -lieu -of, any and all legal remedies as provided by law,
<br />available to City as a result of Developer's failure to maintain the stormwater treatment
<br />measure(s).
<br />10. Indemnification. Developer will indemnify, hold harmless and defend City and
<br />its authorized agents, officers, officials and employees (collectively, the "City Parties") from and
<br />against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties,
<br />occurrences, payments, costs and expenses, including attorney's fees, claimed orwhich might
<br />arise or be asserted against City that are alleged or proven to result or arise from the
<br />construction, presence, existence or maintenance of the stormwater treatment measure(s)
<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 orwillful misconduct
<br />of City and/or any City Parties. This Section 10 will survive the early termination of this
<br />Agreement.
<br />11. Insurance. Developerwill obtain and maintain in full force and effect during the
<br />term of this Agreement the following insurance policies:
<br />REV: 4-12-2023 SK
<br />ATTY/AGR.2023.072/SI XX, LLC (Broadway Plaza STMMA) (Page 4 of 55)
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