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g. Failure to Maintain. In the event the Declarant, its successors and assigns, fails to
<br /> maintain the Stormwater Facilities in good working condition acceptable to the City and
<br /> such failure continues for 60 days after the City gives the Declarant written notice of such
<br /> failure, the City may enter upon the Property and take whatever steps necessary,
<br /> including excavation and the storage of materials and equipment, to correct deficiencies
<br /> identified in the Inspection Report. The City's notice shall specifically state which
<br /> maintenance tasks are to be performed. The City may charge the costs, including
<br /> assessing the City's costs to the Declarant's property taxes of such repairs, to the
<br /> Declarant, its successors and assigns. This provision shall not be construed to allow the
<br /> City to erect any structure of permanent nature on the land of the Declarant outside of the
<br /> Easement Area for the Stormwater Facilities.It is expressly understood and agreed that
<br /> the City is under no obligation to routinely maintain or repair said Stormwater Facilities,
<br /> and in no event shall this Agreement be construed to impose any such obligation on the
<br /> City. In addition, Declarant agrees that it is, and will be, solely responsible to address
<br /> complaints and legal claims brought by any third party with regard to the maintenance
<br /> and operation and the consequences there from the Stormwater Facilities. The Declarant
<br /> expressly agrees to defend and hold the City harmless from any such third-party claim.
<br /> 2. GRANT OF EASEMENT
<br /> a. Declarant hereby grants to the City, its successors and assigns, a permanent non-
<br /> exclusive easement for the purpose of accessing and maintaining the Stormwater
<br /> Facilities pursuant to the terms of this Agreement over, on, across, under and through the
<br /> Easement Area.
<br /> b. The easement shall include the rights, but not the obligation, of the City, its contractors,
<br /> agents, servants, and assigns, to enter upon the Easement to construct, reconstruct,
<br /> inspect, repair, and maintain said private Stormwater Facilities together with the right to
<br /> grade, level, fill, drain,pave, and excavate the Easement Area, and the further right to
<br /> remove trees,bushes,undergrowth, and other obstructions interfering with the location,
<br /> construction, and maintenance of said private Stormwater Facilities systems.
<br /> 3. REIMBURSEMENT OF COSTS
<br /> The Declarant agrees to reimburse the City for all costs incurred by the City in the enforcement of
<br /> this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees.
<br /> 4. INDEMNIFICATION.
<br /> This Agreement imposes no liability of any kind whatsoever on the City. The Declarant hereby
<br /> agrees to indemnify and hold harmless the City and its agents and employees against any and all
<br /> claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out
<br /> of or resulting from the Declarant or the Declarant's agents or employee's negligent or intentional
<br /> acts, or any violation of any safety law, regulation or code in the performance of this Agreement,
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