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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. Transi 3r 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 AgreemE nt. <br /> For City: For Property Owner: <br /> City of Redwood City Westpoint Marina, LLC <br /> 1017 Middlefield Road 1529 Seaport Boulevard <br /> Redwood City, CA 94063 Redwood City, CA 94063-5590 <br /> (650) 780 - 7000 (650) 224-3250 <br /> Attn: City Manager Attn: Mark Sanders <br /> Except as ot.iervvise 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 /> 16. Paragraph Headings. Paragraph headings as used herein are for convenience <br /> only and will not be deemed to be a part of such paragraphs and will not be construed <br /> to change the meaning thereof. <br /> REV: 01-08-16 VR <br /> Page 5 of 7 <br /> ATTY/AGR.2016.004-11529 Seaport - Phase 2 <br />