AgdaPkt 2020-06-08 Joint SA PFA - Laserfiche WebLink

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6.E. - Page 54 of 81 12. No Additional Liability. It is the intent of this Agreement to insure the proper maintenance of the stormwater treatment measure(s) by Property Owner; provided, however, that this Agreement will 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 stormwater runoff. 13. Performance Financial Assurance. City may request 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 City Stormwater Regulations. 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 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 Property Owner: WINDY HILL PV FIVE CM, LLC c/o Windy Hill Property Ventures, LLC 530 Emerson Street, Suite 150 Palo Alto, CA 94301 Attn: Michael W. Field 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; Recitals. 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. The above recitals are incorporated by reference as though fully set forth herein. 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. Severability. The provisions of this Agreement will 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 will not affect or invalidate the REV: 05-12-2020 PR ATTYIAGR.2020-076NVindy Hill PV Five CM, LLC (Page 6 of 21) 143