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10. Reimbursement of City Expenditures. In the event City, pursuant to this
<br />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 9 (Failure to Maintain
<br />Treatment Measures), or expends any funds in the performance of said work for labor,
<br />use of equipment, supplies, materials, and the like, Developer will reimburse City for costs
<br />incurred by the City hereunder. Developer will make such reimbursement payments within
<br />thirty (30) days of receiving an invoice from City. If these costs are not paid within the
<br />prescribed time period, City may assess Developer the cost of the work, both direct and
<br />indirect, and applicable penalties. Said assessment will be a lien against the Property or
<br />may be placed on the property tax bill and collected as ordinary taxes by City. The actions
<br />described in this section are in addition to, and not in -lieu -of, any and all legal remedies as
<br />provided by law, available to City as a result of Developer's failure to maintain the stormwater
<br />treatment measure(s).
<br />11. Indemnification. Developer will indemnify, hold harmless and defend City and
<br />its authorized agents, officers, officials and employees from and against any and all claims,
<br />demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, payments,
<br />costs and expenses, including attorney's fees, claimed or which might arise or be asserted
<br />against City that are alleged or proven to result or arise from the construction, presence,
<br />existence or maintenance of the stormwater treatment measure(s) by Developer or City
<br />(each, individually, a "Claim," and collectively, "Claims"). In the event such a Claim is asserted
<br />against City, its authorized agents, officers, officials or employees, City will promptly notify
<br />Developer and Developer will defend at its own expense any suit based on such Claim. This
<br />section will not apply to any Claims that arise due to the gross negligence or willful
<br />misconduct of City. This Section 11 will survive the early termination of this Agreement.
<br />12. Reserved.
<br />13. No Additional Liability. It is the intent of this Agreement to insure the proper
<br />maintenance of the stormwater treatment measure(s) by Developer; provided, however, that
<br />this Agreement will not be deemed to create or effect any additional liability not otherwise
<br />provided by law of any party for damage alleged to result from or caused by stormwater
<br />runoff.
<br />14. Performance Financial Assurance. City may request Developer to provide
<br />a performance bond, security, or other appropriate financial assurance providing for the
<br />maintenance of the stormwater treatment measure(s) pursuant to City Stormwater
<br />Regulations.
<br />15. 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 Developer under this
<br />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 />REV: 10-25-2022 SK
<br />For Developer:
<br />SF21 G, LLC
<br />255 Shoreline Dr. #428
<br />Redwood City, CA 94065
<br />(949) 481 - 7026
<br />ATTY/AGR.2022.380/SF21G, LLC (Page 4 of 13)
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