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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 reasonably incurred by the City hereunder. If these costs are not paid
<br /> within the prescribed time period, the City may assess the Property Owner the cost of the
<br /> work, both direct and indirect, and applicable penalties. Until so paid, the City shall have a
<br /> lien on the Property for the amount of such charges or costs, which lien shall be
<br /> perfected by the recordation of a "Notice of Claim of Lien" against the Property or such
<br /> assessment may be placed on the property tax bill and collected as ordinary taxes by the
<br /> City. Any lien in favor of the City created or claimed hereunder is expressly made
<br /> subject and subordinate to any mortgage or deed of trust made in good faith and for
<br /> value, recorded as of the date of the recordation of the Notice of Claim of Lien, and no
<br /> such lien shall in any way defeat, invalidate, or impair the obligation or priority of any
<br /> such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder
<br /> expressly subordinates its interest, of record, to such lien. No lien in favor of the City
<br /> created or claimed hereunder shall in any way defeat, invalidate, or impair the
<br /> obligation or priority of any lease, sublease or easement unless such instrument is
<br /> expressly subordinated to such lien. 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
<br /> as a 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
<br /> the City and its authorized agents, officers, officials 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 to the gross 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 effect any additional liability not otherwise
<br /> ATTY/AGR/2013.041/ELAN(145 MONROE)STMMA
<br /> REV:03-28-13 VR
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