Amended and Restated STMMA_10.12.2018

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With a Copy To: Kaiser Foundation Hospitals 620 Galveston Drive Redwood City, CA 94063 -4721 Attn: NFS- Capital Projects Group - Redwood City Service Area 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. 16. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. 17. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, embody the entire agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 18. Severabilitv. The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. 19. Covenant Running with the Land. This Agreement will be recorded by the City in the County Recorder's Office of the County of San Mateo, California at the Property Owner's expense. The covenants and agreements contained herein shall be deemed to be covenants running with Title to the land for the benefit of the City and its successors. 20. Release of Agreement. In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner shall record in the County Recorder's Office at the Property Owner's expense. The City reserves the option to record such release of this Agreement. The Page 6 of 24 REV: 08 -17 -18 PR ATTY /AGR.2018.195 /Kaiser M0132 - STMMA