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comparablc� document in good working order acceptable to the City and in accordance
<br /> with the Maintenance Pian incorporated in the Agreement, the City, and its authorized
<br /> agenis and employees with reasonable notice, may enter the Property and take whatever
<br /> steps it deems necessary and appropriate to retum the treatrnent measure(s) to good
<br /> working order. Such notice wiil not be necessary ff emergency condftions require
<br /> immediate remedial action. This provision shail not be construed to aflow the City to erect
<br /> any structure of a permanent naiure cu� the Property. It is expressly understood and
<br /> agreed that the City is under no obligation to maintain or repair the treatrnent measure(s)
<br /> � and in no event shall this /�qreement be construed to impose any such obiigation on the
<br /> City.
<br /> 9. Reimbursement of the Citv ExpenditUres. in the event the City, pursuant io 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 retum the treatment
<br /> measure(s) in good working order as indicated in Section 8, or expends any funds in
<br /> the performance of satd work for labar, use of equipment, s�pplies, materials, and the
<br /> like, the Property Owmer shall reimburse the City demand within thirty (30) days of receip!
<br /> fhereof for fhe costs incurred by the City hereunder. If these casts are not paid within the
<br /> prescribed time period, the City may assess ihe Property Owner the cost of the wvrk, both
<br /> direct arxi indirec�, and appliqble penafties. Said assessment shall be a lien against the
<br /> Property or may be placed on the properly tax bill and collected as ordinary taxes by the
<br /> City. The actions described in thfs section are in addition to, and not in-lieu-of, any and all
<br /> legai remedies as provided by law, available to the City as a resuft of tha Property Owners
<br /> failure to maintain the treatment measuro(s).
<br /> 10. indemnification. The Property Owner shall indemnify, hotd harmless and defend
<br /> the City and its auihorized agents, officers, offiaals and employees from and against any
<br /> and all daims, demands, suits, damages, liabilitles, losses, accidents, casuatties,
<br /> occurrences, claims and paymenis, including attomey fees claimed or whfch might arise or
<br /> be asserted against the City that are ailegsd or proven to result or arise from the
<br /> construction, presence, ewstonce or maintenance of the treaiment measure(s) by the
<br /> Property Owner or the City. In t�he event a claim is asse�ted against the City, its authorized
<br /> agents, officers, offlcials or employees, the City shall promptly notiFy the Property Owner
<br /> and the Property Owner shail defend at its own expense any suit based on such daim. If
<br /> any judgment or claims against the City, its authorized agents, officers, officials or
<br /> employees shall be a{fowed, the Property Owner shall pay for alI costs and expenses in
<br /> connection herewith. This seclion shall not appty to any daims, demands, suits, damages,
<br /> liabifities, losses, accidents, casuaities, occurrences, daims arxi payments, induding
<br /> attorney fees claimed which arise due solely to the negtigence or willf�l misconduct of the
<br /> City.
<br /> 11. No Additianai Liabilitv. It is the intent of this Agreement to insure the proper
<br /> maintenance of lhe treatrnent measure(s) by the Ptoperty Owner; provided, however, that
<br /> this Agreement shall not be deemed to create or effect any additional Itability not otherwise
<br /> provided by law of any party for damage alleged to resiaft from or caused by storm wates
<br /> runoff.
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