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asserted against the City that are alleged 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 or the City pursuant to this Agreement (collectively, "Claim"). In the event <br /> such a Claim is asserted against the City, its authorized agents, officers, officials or <br /> employees, the City shall promptly notify the Property Owner and the Property Owner shall <br /> defend at its own expense any suit based on such Claim. If any judgment or Claims <br /> against the City, its authorized agents, officers, officials or employees shall be allowed, the <br /> Property Owner shall pay for all costs and expenses in connection herewith. This section <br /> shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, <br /> casualties, occurrences, and payments, including attomey fees, which arise due to the <br /> gross negligence or willful misconduct of the City. <br /> 11. No Additional Liabilitv. 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. Upon the occurrence of an uncured <br /> Maintenance Deficiency, the City may request the Property Owner to provide a <br /> performance bond, security, or other appropriate financial assurance providing for the <br /> maintenance of the stormwater treatment measure(s) pursuant to the City Stormwater <br /> 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. The Property Owner agrees not to sell, <br /> transfer, assign or otherwise dispose of ownership of the Property, unless the <br /> prospective purchaser, transferee or assignee expressly promises in writing to be bound <br /> by all of the provisions hereof. Upon such successor assuming all obligations and <br /> agreeing to be bound by this Agreement, such party shall constitute the "Property <br /> Owner" hereunder and all predecessors-in-interest to such party shall be fully relieved <br /> of the obligations hereunder and shall have no liability for any default or failure to <br /> perForm occurring from and after the date of such assignment and assumption. <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 Propertv Owner: <br /> City of Redwood City Name: Premia South County, LLC <br /> 1017 Middlefield Road Address: 130 Shoreline Drive, Suite 110, <br /> Redwood City, CA 94063 Redwood City, CA 94065 <br /> (650) 780 - 7000 Phone No: (650) 722-1761 <br /> Attn: City Manager <br /> REV: 10-12-15 VR <br /> Page 5 of 7 <br /> ATTY/AGR.2015.231/Premia 550 Owner, LLC <br />