RecDoc 2017-040786 STMMA - Laserfiche WebLink

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any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and payments, including attorney fees claimed which arise due to the gross negligence or willful misconduct of the City. 11. No Additional Liabilitv. It is the intent of this Agreement to insure the proper maintenance of the stormwater treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. 12. Performance Financial Assurance. The City may request the Property Owner to provide a performance bond, security, or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City Storrnwater Regulations. 13. Transfer of Propertv. This Agreement shall run with the title to the Property and any portion thereof. The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property or any portion thereof. 14. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of the Property Owner under this Agreement. For City: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 (650) 780 - 7000 Attn: City Manager For Propertv Owner: The Board of Trustees of the Leland Stanford Junior University 3160 Porter Drive, Suite 200 Palo Alto, CA 94304 (650)724-7990 Attn: Associate Vice President, Real Estate Except as otherwise stated, all notices to be provided or that may be provided under this Agreement must be in writing and delivered by regular and certified mail, return receipt requested. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 15. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. ATTY/AGR/2017.072/STANFORD - STMMA REV: 04-05-17 PR Page 5 of 13