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incorporated in the Agreement (a "Maintenance Deficiency"), the City shall provide written
<br /> notice to the Property Owner. Upon receipt of the written notice, the Property Owner shall
<br /> have thirty(30) days to remedy such Maintenance Deficiency(or such longer period of time
<br /> as may reasonably be required, provided that the Property Owner shall commence to
<br /> remedy such Maintenance Deficiency within such thirty (30) day period and thereafter
<br /> diligently prosecute such remedy to completion). If the Property Owner fails to remedy the
<br /> Maintenance Deficiency within the prescribed time period, the City, and its authorized
<br /> agents and employees, may enter the Property and take whatever steps it deems
<br /> necessary and appropriate to return the stormwater treatment measure(s) to good working
<br /> order. Such notice and opportunity to cure will not be necessary if emergency conditions
<br /> require immediate remedial action. This provision shall not be construed to allow the City to
<br /> erect 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 stormwater treatment
<br /> measure(s)and in no event shall this Agreement be construed to impose any such obligation
<br /> on the City.
<br /> 9. Reimbursement of the Citv Expenditures. In the event the City, pursuant to this
<br /> Agreement, perForms work of any nature (direct or indirect), including any re-inspections
<br /> or any actions it reasonably deems necessary or appropriate to return the stormwater
<br /> treatment measure(s) in good working order as indicated in Section 8, or reasonably
<br /> expends any funds in the performance of said work for labor, use of equipment, supplies,
<br /> materials, and the like, the Property Owner shall reimburse the City demand within thirty(30)
<br /> days of receipt thereof for the costs incurred by the City hereunder. If these costs are not
<br /> paid within the prescribed time period, the City may assess the Property Owner the cost of
<br /> the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien
<br /> against the Property or may be placed on the property tax bill and collected as ordinary
<br /> taxes by the City. Any lien in favor of the City created or claimed hereunder is expressly
<br /> made 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 such
<br /> lien shall in any way defeat, invalidate, or impair the obligation or priority of any such
<br /> mortgage or deed of trust, unless the mortgagee or beneficiary thereunder expressly
<br /> subordinates its interest, of record, to such lien. The actions described in this section are
<br /> in addition to, and not in-lieu-of, any and all legal remedies as provided by law, available to
<br /> the City 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 the
<br /> City and its authorized agents, officers, officials and employees from and against any and all
<br /> claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and
<br /> payments, including attorney fees, which might arise or be asserted against the City that are
<br /> alleged or proven to result or arise from the construction, presence, existence or
<br /> maintenance of the stormwater treatment measure(s) by the Property Owner pursuant to
<br /> this Agreement (collectively "Claim"). In the event a Claim is asserted against the City, its
<br /> authorized agents, officers, officials or employees, the City shall promptly notify the Property
<br /> Owner and the Property Owner shall defend at its own expense any suit based on such
<br /> Claim. If any judgment or Claim 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 /> ATTY/AGR/2013.218/STMMA 601 MAIN STREET
<br /> REV: 11-12-13 VR
<br /> Page 5 of 15
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