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8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to
<br /> maintain the stormwater treatment measure(s) as shown on the approved Site Plan or
<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.
<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).
<br /> 10. Indemnification. The Property Owner shall indemnify, hold harmless and defend
<br /> the City and its authorized agents, officers, officiafs 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.
<br /> 11. No Additional Liabilitv. 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 affect any additional liability not otherwise
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