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notice will not be necessary if emergency conditions require immediate remedial action. This
<br />provision shall not be construed to allow the City to erect any structure of a permanent nature o n
<br />the Property. It is expressly understood and agreed that the city is under no obligation to
<br />maintain or repair the treatment measure(s) and in no event shall this Agreement be construed
<br />to impose any such obligation on the City.
<br />Reimbursement rser ent 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- inspections or
<br />any actions it deems necessary or appropriate to return the treatment measure(s) in good
<br />working order as indicated in Section 8, or expends any funds in the performance of said
<br />work for labor, use of equipment, supplies, materials, and the like, the Property owner shall
<br />reimburse the city demand within thirty 30 days of receipt thereof for the costs incurred by the
<br />City hereunder. If these costs are not paid within the prescribed time period, the city may
<br />assess the Property owner the cost of the work, both direct and indirect and applicable penalties.
<br />Said assessment shall be a lien against the Property or may be placed on the property tax bill
<br />and collected as ordinary taxes by the city. The actions described in this section are in addition
<br />to, and not in- lieu -of, any and all legal remedies as provided by law, available to the City as a
<br />result of the Property owner's failure to maintain the treatment measure(s).
<br />10. Indemnification. The Property owner shall indemnify, hold harmless and defend the city
<br />and its authorized agents, officers, officials and employees from and against any and all claims,
<br />demands suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
<br />payments, including attorney fees claimed or which might arise or be asserted against the city
<br />that are alleged or proven to result or arise from the construction, presence, existence or
<br />maintenance of the treatment measures by the Property owner or the City. In the event a
<br />claim is asserted against the city, its authorized agents officers, officials or employees, the city
<br />shall promptly notify the Property owner and the Property owner shall defend at its own
<br />expense any suit based on such claim. If any judgment or claims against the City, its authorized
<br />agents, officers, officials or employees shall be allowed, the Property owner shall pay for all
<br />costs and expenses in connection herewith. This section shall not apply to any claims,
<br />demands, suits, damages, liabilities, losses accidents, casualties, occurrences claims and
<br />payments, including attorney fees claimed which arse due solely to the negligence or willful
<br />misconduct of the city.
<br />11. No Additional Li 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 this
<br />Agreement shall not be deemed to create or effect any additional liability not otherwise provided
<br />by law of any party for damage alleged to result from or caused by storm water runoff.
<br />1Z Performance Financial Assurance. The city may request the Property owner to
<br />provide a performance bond, security, or other appropriate financial assurance providing for
<br />the maintenance of the stormwater treatment measures pursuant to the City's ordinances,
<br />guidelines, criteria or written direction.
<br />13. Transfer of Prop . This Agreement shall run with the title to the land and any
<br />portion thereof. The Property owner further agrees whenever the Property or any portion
<br />thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement
<br />which shall apply to, bind and be obligatory to all present and subsequent owners of the
<br />Property or any portion thereof.
<br />14. Notices The narne of the persons who are authorized to give written notices or to
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