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Agreement, performs work of any nature (direct or indirect), including any re -inspections
<br />or any actions it deems necessary or appropriate to return the stormwater treatment
<br />measure(s) to good working order as indicated in Section 8, or expends any funds in the
<br />performance of said work for labor, use of equipment, supplies, materials, and the like,
<br />Property Owner will reimburse City for costs incurred by the City hereunder. Property Owner
<br />will make such reimbursement payments within thirty (30) days of receiving an invoice from
<br />City. If these costs are not paid within the prescribed time period, City may assess Property
<br />Owner the cost of the work, both direct and indirect, and applicable penalties. Said
<br />assessment will be a lien against the Property or may be placed on the property tax bill and
<br />collected as ordinary taxes by City. The actions described in this section are in addition to,
<br />and not in -lieu -of, any and all legal remedies as provided by law, available to City as a result
<br />of Property Owner's failure to maintain the stormwater treatment measure(s).
<br />10. Indemnification. Property Owner will indemnify, hold harmless and defend
<br />City and its authorized agents, officers, officials and employees from and against any and all
<br />claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />payments, costs and expenses, including attorney's fees, claimed or which might arise or be
<br />asserted against 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 Property
<br />Owner or City (each, individually, a "Claim," and collectively, "Claims"). In the event such a
<br />Claim is asserted against City, its authorized agents, officers, officials or employees, City will
<br />promptly notify Property Owner and Property Owner will defend at its own expense any suit
<br />based on such Claim. This section will not apply to any Claims that arise due to the gross
<br />negligence or willful misconduct of City. This Section 10 will survive the early termination of
<br />this Agreement.
<br />11. Reserved.
<br />12. No Additional Liability. It is the intent of this Agreement to insure the proper
<br />maintenance of the stormwater treatment measure(s) by Property Owner; provided,
<br />however, that this Agreement will 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 />stormwater runoff.
<br />13. Performance Financial Assurance. City may request 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 City Stormwater
<br />Regulations.
<br />14. Notices. The name of the persons who are authorized to give written notices
<br />or to receive written notice on behalf of City and on behalf of Property Owner under this
<br />Agreement.
<br />For Ci : For Property Owner
<br />City of Redwood City SF19A, LLC
<br />1017 Middlefield Road 255 Shoreline Dr. #428
<br />Redwood City, CA 94063 Redwood City, CA 94065
<br />REV: 11-25-2020 PR
<br />ATTY/AGR. 2020.272/SF19A, LLC (Page 4 of 14)
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