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expense any suit based on such Claim. If any judgment or Claims against the City, its <br /> authorized agents, officers, officials or employees shall be allowed, the Property Owner <br /> 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 attomey fees claimed which arise due to the gross negligence or <br /> willful misconduct of the City. <br /> 11. No Additional Liabilitv. It is the intent of this Agreement to ensure 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 Propertv. 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, the Property shall be subject to <br /> this Agreement which shall apply to, bind and be obligatory to all subsequent owners of <br /> 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 Cit : For Property Owner: <br /> City of Redwood City 601 Marshall Street Owner, LLC <br /> 1017 Middlefield Road 145 Addison Ave <br /> Redwood City, CA 94063 Palo Alto, CA 94301 <br /> (650) 780 - 7000 (650) 322-0738 <br /> Attn: City Manager Attn: Mollie Ricker <br /> With a Copy To: <br /> Arnold & Porter LLP <br /> Three Embarcadero Center, 10t" Flr <br /> San Francisco, CA 94111 <br /> (415) 471-3164 <br /> Attn: Kenneth A. Neale, Esq. <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 /> REV:06-10-16 VR <br /> Page 5 of 7 <br /> ATTY/AGR/2016.121/601 MARSHALL STREET OWNER,LLC-STMMA <br />