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<br />comparable document in good working order acceptable to the City and in accordance
<br />with the Maintenance Plan incorporated in the Agreement, the City, and its authorized
<br />agents and employees with reasonable notice, may enter the Property and take whatever
<br />steps it deems necessary and appropriate to return the treatment measure(s) to good
<br />working order. Such notice will not be necessary if emergency conditions require
<br />immediate remedial action. This provision shall not be construed to allow the City to erect
<br />any structure of a permanent nature on the Property. It is expressly understood and
<br />agreed that the City is under no obligation to maintain or repair the treatment measure(s)
<br />and in no event shall this Agreement be construed to impose any such obligation on the
<br />City.
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<br />9. Reimbursement of the City Expenditures. In the event the City, pursuant to this
<br />Agreement, performs work of any nature (direct or indirect), including any re-
<br />inspections or any actions it deems necessary or appropriate to return the treatment
<br />measure(s) in good working order.as indicated in Section 8, or expends any funds in
<br />the performance of said work for labor, use of equipment, supplies, materials, and the
<br />like, the Property Owner shall reimburse the City demand within thirty (30) days of receipt
<br />thereof for the costs incurred by the City hereunder. If these costs are not paid within the
<br />prescribed time period, the City may assess the Property Owner the cost of the work, both
<br />direct and indirect, and applicable penalties. Said assessment shall be a lien against the
<br />Property or may be placed on the property tax bill and collected as ordinary taxes by the
<br />City. The actions described in this section are in addition to, and not in-lieu-of, any and all
<br />legal remedies as provided by law, available to the City as a result of the Property Owner's
<br />failure to maintain the treatment measure(s).
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<br />10. Indemnification. The Property Owner shall indemnify, hold harmless and defend
<br />the City and its authorized agents, officers, officials and employees from and against any
<br />and all claims, demands, suits, damages, liabilities, losses, accidents, casualties,
<br />occurrences, claims and payments, including attorney fees claimed or which might arise or
<br />be asserted against the City that are alleged or proven to result or arise from the
<br />construction, presence, existence or maintenance of the treatment measure(s) by the
<br />Property Owner or the City. In the event a claim is asserted against the City, its authorized
<br />agents, officers, officials or employees, the City shall promptly notify the Property Owner
<br />and the Property Owner shall defend at its own expense any suit based on such claim. If
<br />any judgment or claims against the City, its authorized agents, officers, officials or
<br />employees shall be allowed, the Property Owner shall pay for all costs and expenses in
<br />connection herewith. This section shall not apply to any claims, demands, suits, damages,
<br />liabilities, losses, accidents, casualties, occurrences, claims and payments, including
<br />attorney fees claimed which arise due solely to the negligence or willful misconduct of the
<br />City.
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<br />11. No Additional Liability. It is the intent of this Agreement to insure the proper
<br />maintenance of the treatment measure(s) by the Property Owner; provided, however, that
<br />this Agreement shall not be deemed to create or effect any additional liability not otherwise
<br />provided by law of any party for damage alleged to result from or caused by storm water
<br />runoff.
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