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6.1.C. - Page 44 against the Property ar may be placed on the proper�y tax bilE and coElected as ordinary taxes by the City. The actions described ir� �his section ar� in addition to, and r�ot in-lie�- of, any and all legal remedies as provided by law, available to the Ci#y as a result of the Praperty Owner's failure to maintain the treatment measure(s). 10. Indemr�ifrcatior�. The Property �wner or Successor Qwn�r, as applicable, shal! indemnify, hofd harmEess and defend the City and its authorized agents, officers, officials and emplayees from and against any an� al! cfaims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, incEuding attorney fees claimed or which might arise or be asserted against the City (callecti��ly the "Claims" and individualiy a "Claim°) that are alleged or pro�en to result or arise from the construction, presence, existence or maintenance af the treatment rneasure{s) by the Property Owner or the City during the period of their respective awr�ership of the Proper-�y. Ir� t�e event a Claim is asserted against the City, its authorized agents, officers, officials or employees, th� City sha11 promptly notify the Property Owner and the Property Owner shal[ defend at its own exp�nse any suit based on such C[aim. !f any judgment or Claim against the City, its autharized agents, officers, offieials or em�loyees shall be entered or made, the Proper-ty Owner shall pay for all costs ar�d expenses in connection therewith. Notwithstanding the foregoing, this section shail not apply to any Claims which arise due to the gross negligence or willfuf misconduct of t�e City. 11. No Additior�af Liability. It is the intent of fhis Agreement to insure the proper r-naintenance of the treatmer�t measure{s) by the Property Owner; provided, however, that this Agreemer�t shall not he deemed to erea�e or effect any additional iiability not otherwise pro�ided by law of any party for damage alleged to resuit from or caused by storm wafer ru noff. 12. Performance Financial Assurance. T�e City may request the Praperty Owr�er to provi�e a pe�formance bond, security, or other appropriate finar�cial assurar�ce providing for the maintenance ofi the stormwater treatment measure(s} pursuar�t to �he City`s ordinances, guidelines, criteria or written direction. 13. Transfer af Propertv. This Agreement shall run with the title to the land and any portion thereof. The Property Owner further agrees whenever the Prope�#y or any por�ion t�ereof is heid, sold, con�eyed or otherwise transferred, it shall be su�ject to this Agreement wi�ich shall apply to, �ind and be vbligatary to all present an� subsequent owners of the Property or any portior� thereof. ATTYIAGR120'f 3.DU41640 VETERANS STORMWATER TREATMENT MEASURES MAINTENA�[CE AGRE�MENT REV:0'l-49-13 VR Page 5 af 2S