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taxes by the City. The actions described in this section are in addition to, and not in -lieu-
<br />of, any and all legal remedies as provided by law, available to the City as a result of the
<br />Property Owner's failure to maintain the stormwater treatment measure(s).
<br />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.
<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 />Page 5 of 24
<br />REV: 08 -17 -18 PR
<br />ATTY /AGR.2018.195 /Kaiser MOB2 - STMMA
<br />For Property Owner:
<br />Kaiser Foundation Hospitals
<br />1800 Harrison St., 19th Floor
<br />Oakland, CA 94612
<br />Attn: Real Estate
<br />
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