|
its 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 in whole or in part to the
<br />gross negligence or willful misconduct of the City.
<br />The City shall indemnify, hold harmless and defend the Property Owner and its Governing
<br />Board, authorized agents, officers, officials, directors 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 Property Owner that are alleged or proven to result or arise from City's
<br />obligations or performance under this Agreement. In the event such a claim is asserted
<br />against the Property Owner, its Governing Board, authorized agents, officers, officials or
<br />employees, the Property Owner shall promptly notify the City and the City shall defend at its
<br />own expense any suit based on such claim. If any judgment or such claims against the
<br />Property Owner, its authorized agents, officers, officials or employees shall be allowed, the
<br />City shall pay for all costs and expenses in connection herewith. This section shall not apply
<br />to any claims, demands, suits, damages, liabilities, losses, accidents, casualties,
<br />occurrences, and payments, including attorney fees claimed which arise due in whole or in
<br />part to the gross negligence or willful misconduct of the Property Owner.
<br />14. No Additional Liability. It is the intent of this Agreement to ensure the proper
<br />maintenance of the Stormwater Treatment Measures 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
<br />by stormwater runoff.
<br />15. 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 Measures pursuant to the City
<br />Stormwater Regulations and the Inspection and Maintenance Checklist.
<br />16. 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 />17. Notices. The name of the persons who are authorized to give written notices or to
<br />receive written notice on behalf of City and on behalf of the Property Owner under this
<br />Agreement.
<br />REV: 07-27-18 PR Page 7 of 23
<br />ATTY/AGR/2018.162/REDWOOD CITY SCHOOL DISTRICT - STMMA
<br />
|