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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, and payments, including attomey fees daimed or which might arise or be
<br /> asserted against the City that are aileged or proven to result or arise from the construction,
<br /> presence, existence or maintenance of the stormwater treatment measure(s) by the
<br /> Property Owner(collectively, "Claim"). In the event such a Claim is asserted against the
<br /> City, its authorized agents, officers,officials or employees, the City shall promptly notify the
<br /> Property Owner and the Property Owner shall defend at its own expense any suit based
<br /> on such Claim. If any judgment or Claims against the City, its authorized agents, officers,
<br /> officials or employees shall be allowed, the Property Owner shall pay for all costs and
<br /> expenses in oonnection herewith. This section shall not apply to any claims, demands,
<br /> suits, damages, liabilities, losses, accidents, casualties, oc�urrences, and payments,
<br /> including attomey fees claimed which arise due to the gross negligence or willful
<br /> misconduct of the City or its authorized agents, officers,officials or employees.
<br /> 11. No Add�ional Liabilitv. It is the intent of this Agreement to insure the proper
<br /> maintenanee of the stormwater treatment measure(s) by the Property Owner; provided,
<br /> however,that this Agreement shall not be deemed to create or affect any additional liability
<br /> not otherwise provided by law of any party for damage alleged to result from or caused by
<br /> storm water runoff.
<br /> 12. PerFormance Financial Assurance. The City may request the Property Owner to
<br /> provide a performance bond, security, or other appropriate financial assurance (the
<br /> "Security") providing for the maintenance of the stormwater treatment measure(s)
<br /> pursuant to the City Stormwater Regulations. The Security shall be released to Property
<br /> Owner upon a transfer of Property (as set forth below), and City, in its sole discretion, may
<br /> require similar replacement Security from Property Owner's successor in inter+est.
<br /> 13. Transfer of Proaertv. This Agreement shall run with the title to the land and any
<br /> portion thereof. The Property Owner further agrees whenever the Property or any portion
<br /> thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this
<br /> Agresment which shall apply to, bind and be obligatory to all present and subsequent
<br /> owners of the Property or any portion thereof.
<br /> 14. Notices. The name of the persons who are authorized to give written notices or
<br /> to receive written notice on behalf of City and on behalf of the Property Owner under
<br /> this Agr�eement. •
<br /> For Citv: For Property Owner:
<br /> City of Redwood City SunCap Redwood, LLC
<br /> 1017 Middlefield Road clo SUNCAP PROPERTY GROUP LLC
<br /> Redwood City, CA 94063 6101 Carnegie Boulevard, Suite 180
<br /> (650) 780 -7000 Charlotte, NC 28209
<br /> Attn: City Manager Attn: Jason Bria
<br /> REV:02-20-15 VR
<br /> Page 5 of 9
<br /> ATTY/AGR.2015.035/SunCap Redwood LLC(STMMA)
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