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RecDoc 2015-087753 BMR-Bay LP_STMMA_08142015
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RecDoc 2015-087753 BMR-Bay LP_STMMA_08142015
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Last modified
9/1/2015 1:00:56 PM
Creation date
8/20/2015 4:39:09 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
STMA BMR Bay LP
Doc Num
2015-087753
Rec Date
8/18/2015
APN
054-062-130
Address
740 Bay Road
Parties
BMR Bay LP
MO Ref
15-120
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shall pay for all costs and expenses in connection herewith. This section shall not apply to <br /> any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, <br /> and payments, including attorney fees claimed which arise due to the gross negligence or <br /> willful misconduct of the City. <br /> 11 . No Additional Liability. It is the intent of this Agreement to insure the proper <br /> maintenance of the stormwater treatment measure(s) by the Property Owner; provided, <br /> however, that this Agreement shall not be deemed to create or effect 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 providing <br /> for the maintenance of the stormwater treatment measure(s) pursuant to the City <br /> Stormwater Regulations. <br /> 13 . Transfer of Property. 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 /> Agreement 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 Agreement. <br /> For City: For Property Owner: <br /> City of Redwood City John Bonanno <br /> 1017 Middlefield Road Executive Vice President, <br /> Redwood City, CA 94063 Investments & Development <br /> (650) 780 - 7000 17910 Bernardo Center Drive <br /> Attn : City Manager San Diego, CA 92128 <br /> Phone No: (858) 485 - 9840 <br /> Except as otherwise stated, all notices to be provided or that may be provided under <br /> this Agreement must be in writing and delivered by regular and certified mail, return <br /> receipt requested. Each party will notify the other immediately of any changes of <br /> address that would require any notice or delivery to be directed to another address. <br /> 15. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of <br /> California, and the Parties waive all provisions of law providing for a change of venue in <br /> these proceedings to any other county. <br /> REV: 06-16-15 VR <br /> Page 5 of 9 <br /> ATTY/AGR.2015.123/740 Bay Road <br />
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