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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 attorney fees claimed or which might arise or be
<br /> 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 (collectively, "Claim"). In the event such a Claim is asserted
<br /> against the City, its authorized agents, officers, officials or employees, the City shall
<br /> promptly notify the Property Owner and the Property Owner shall defend at its own
<br /> 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 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. Upon transfer of fee title, the former
<br /> owner of the Property shall be released from all ongoing responsibilities and obligations
<br /> and from all liabilities arising after the date of the property transfer.
<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 849 Veterans RWC, LLC
<br /> 1017 Middlefield Road 901 Mariners Island Blvd , Suite 700
<br /> Redwood City, CA 94063 San Mateo, CA 94404
<br /> (650) 780 - 7000 (650) 378-2800
<br /> Attn: City Manager Attn : Todd Regonini
<br /> REV: 08-23-16 VR
<br /> Page 5of8
<br /> ATTY/AGR.2016.231/849 Veterans RWC, LLC - STMMA
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