Laserfiche WebLink
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 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. 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 Prooertv. 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: <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />(650) 780 - 7000 <br />Attn: City Manager <br />For Property Owner: <br />Cheryl Hasty, Lead Property Mgmt. <br />Enterprise Compliance <br />Target Corporation <br />33 S. 611 Street. <br />Minneapolis, MN 55402 <br />(612) 761 - 7600 <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 />ATTY/AGR/2017.004/TARGET CORPORATION STMMA <br />REV: 01-18-17 PR <br />Page 5 of 7 <br />