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6.1.D. - Page 128 <br /> cannection herewith. This section shall not apply to ar�y claims, demands, suits, damages, <br /> liabilities, losses, accidents, casualties, occurrences, cfaims and payments, inciuding <br /> attorn�y f�es claimed which arise due fo the gross negEigenee or willful miscanduct of#he <br /> City. <br /> 'I1. No Additional Liabilitv. It is the intent of this Agreement to insure the proper <br /> mainter�ance of the treatment measure(s) by the Property Owner, provided, however, t�at <br /> this Agreemenf shal! no� be deemed to create or affect ar�y additior�al liability not otherwise <br /> pro�ided by law of any party for damage alle�ed to resuft from or caused by storm wa�er <br /> runoff. <br /> 12. PerFormance Fina�cial Assurance. The Ci�y may reques� fhe Property Owner to <br /> pro�ide a performance bond, security, or other appropriate financial assurance providing <br /> for the maintenar�ce of the stormwa#er treatmen� measure(s) pursuant to the Gity's <br /> ardinances, guidelines, criteria or written direction. <br /> 13. Transfer of Pro�er�y. This Agreement shall r�n with the ti#le to the land and ar�y <br /> portion t�ereof. The Property Own�r further agrees whenever the Praperty or any <br /> po�tion thereof is held, sold, conveyed or otherwise transferred, it shail be subject to this <br /> Agreeme�t which shall ap�ly to, �ind and be obligatory to al! present and subsequent <br /> owr�ers of the Properky or ar�y portion thereof. <br /> '14. Notiees. The name of the persor�s who are authorized to give written �otices or <br /> to recei�e written notice on �ehalf of City ar�d on behalf of the Prope�ty Owner under <br /> this Agreement. <br /> For Citv: <br /> City af Redwoad City <br /> �017 Middlefiefd Raad <br /> Redwood City, CA 94063 <br /> {650) 780 - 70Q0 <br /> Atfn: City Engineer <br /> For Properky Owner: <br /> Name: RC Peninsula Park LLC <br /> Address: 270 S�. Paul Street, Suite 300 <br /> Der��er, CO 80206 <br /> Phone No: (303) 371-9D00 <br /> Attn: Joseph M. Wilson <br /> Except as otherwise sta�ecf, all notices to be pro�ided or �hat may be pro�ided ur�der <br /> this Agreement must be in w�-itir�g ar�d delivered by regular and ce�t�fied mail, returr� <br /> receipt requested. Each party wifl notify the other immediately of any changes of <br /> address that wo�ld requir� any r�atice ar delivery to be directed to ano�her address. <br /> ATTYIAGRl2€}13.011iSTOREUIUUATER TREATRIIENT MEASUFZ�S IUTAIN'T�NANCE AGR�EfVI�NT O3VE AIIARII�A <br /> REV:01-14-13 VR <br /> Page 5 oE 7 <br />