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against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to, and not in-lieu- of, any and all legal remedies as provided by law, available to the City as a result of the Property Owner's failure to maintain the treatment measure(s). 10. Indemnification. The Property Owner or Successor Owner, as applicable, shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City (collectively the "Claims" and individually a "Claim") that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City during the period of their respective ownership of the Property. In the event a Claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such Claim. If any judgment or Claim against the City, its authorized agents, officers, officials or employees shall be entered or made, the Property Owner shall pay for all costs and expenses in connection therewith. Notwithstanding the foregoing, this section shall not apply to any Claims which arise due to the gross negligence or willful misconduct of the City. 11. No Additional Liabilitv. It is the intent of this Agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water ru noff. 12. Performance Financial Assurance. The City may request the Property Owner to provide a performance bond, security, or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City's ordinances, guidelines, criteria or written direction. 13. Transfer of Propertv. This Agreement shall run with the title to the land and any portion thereof. The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property or any portion thereof. ATTY/AGR/2013.004/640 VETERANS STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT REV:01-09-13 VR Page 5 of 26