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supplied or approved plans and/or specifications for the Improvements and regardless of whether any <br />insurance required under this Agreement is applicable to any Claims. <br />12. DEFAULT. The failure to maintain the Improvements will constitute an event of default. <br />Upon such event of default, the City shall provide written notice to the Developer. Upon receipt of the <br />written notice, the Developer shall have thirty (30) days to remedy such event of default (or such longer <br />period of time as may reasonably be required, provided that the Developer shall commence to remedy <br />such default within thirty (30) days period and thereafter diligently prosecute such remedy to completion). <br />If the Developer fails to remedy the event of default within the prescribed time period, the City shall have <br />the right to do all work necessary to remedy the event of default and charge the Developer actual costs <br />incurred by the City for such work. <br />13. ASSIGNMENT BY CITY. The City shall have the right at its option to assign its rights <br />and obligations under this Agreement to a municipal services district or other public agency without <br />consent of the Developer. <br />14. AGREEMENT ATTACHES TO LAND AND BINDS DEVELOPER'S SUCCESSORS <br />AND ASSIGNS. This Agreement pertains to and runs with the Property in perpetuity, and shall be <br />recorded against the Property. This Agreement binds the assigns and successors -in -interest of the <br />Developer, including any transferee of a fee interest in the Property. The City and its successors and <br />assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and <br />remedies, and to maintain any actions at law or suits in equity or other proper proceedings against the <br />Developer or its permitted successors and assigns to enforce the curing of such breach. <br />15. ASSIGNMENT BY DEVELOPER. The Developer may assign its obligations under this <br />Agreement only with the prior written approval of the City. In connection with any such assignment, the <br />Developer and its assignee shall execute and deliver to the City a written assignment and assumption <br />agreement in a form acceptable to the City Attorney. <br />16. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be <br />deemed sufficiently given and served for all purposes when delivered personally or by generally <br />recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or <br />registered, return receipt requested, with postage prepaid, addressed as follows: <br />To the Developer: Varun Enterprises, Inc. <br />2215 El Camino Real <br />Redwood City, CA 94063 <br />Attn: Baldev Mann <br />To the City: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Manager <br />With a copy to: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Attorney <br />REV: 01-25-17 PR <br />Page 5 of 9 <br />ATTY/AGR.2017.013/2215 EI Camino Real - LMA <br />