AgdaPkt 2013-08-26 - Laserfiche WebLink

Browse Search

6.1.F. - Page 6 , Owt�er's con�ractors, s�bcor�trac�ors, agents or emplayees, including,but not limited to,the performance i of the Maintenanca Servic�s or other Acti�ities. Notwithstanding the forgoir�g, the Own.er shail noi be I obIigated�nder this Agreement to defend and/or indemnify�rie City to the extent that any Claim is caused by the gross neglzgence or rx�il1ful misconduct of the City or its agents or employees. T�e afoxementioned i indemnity sha11 apply regardless of whether or no� the City has prepared, supplied ar approved plans andlox speci�cations for the Improvements and regardless af whe#her any insurance required under this Agreement is applica6le to any Claims. i 11. DEFAULT. The�ailure to znazntain the Tmprovements wi11 constitute an event af de�ault. � Upon such event of default, the City shall provide written notice to tha Owner. Upon receipt of the written notice, the Owner shall have tihirty (30} days to remedy such event of default {or such Ionger i period of'time as may reasonably be required, provided that tha Ovaner shall commence ta remedy such � default wifi.hin�hirty (30) days period and�hereafter diligently proseeute such retnedy to completion}. Tf j the Owner fails to remedy the event of defat�t within the p:rescribed time period,the City shall have t�e ! right to do alI work necessary to remedy the event of default and charge tlze Owner actual costs incurred � by�he City for s�zch work. E � 12, ASS�TGNN�NT BY CTTY. The City sha11 have the right at its option#o asszgt�its right� � and obligations under tl�is Ag�•eement to a municipal services district or othei� public ageney witho�t i consent of t�e Owner. � i 13. AGR�EMENT ATTACHES TO LAND AND BINDS OWNER'S SUCCESSORS AND ' ASSIGNS. This Agree�ent pertains to azzd runs with ihe Property in perpetuity, and sha11 be recorded i against fihe Properiy. This Agreeme�t binds the assigns and successors-i�-intarest of the Ovmer, j including any trat�sferee of a fee interest in the Property. The City and its successors and assigns, in the ! event of any breach of this Agreement, shall have the rigl�t to exercise all of the rights and remedies,and to maintain any actions at law or suits ir� equity or other proper proceedings againsf the 4cnmer or its permitted suceessors and assigns ta enforce the curing of such.breach. l�. ASSIGNMENT BY OWNER. Upon sale of the Property, the former Owner shall be � xeleased from any fiu�ther obligations under this Agreement,except for any final charges incurred by City I under Section 1 l,and the new Ovtmer sha11 assume all of the Owner's obligations hereunder. � 15. NOTICES. Any taoticas relatin�ta this Agreement shall be gi�en in writing and s�all he ' deemed suf�iciently given and se�ved for a11 purposes when delivered personally or by generally i recagnized overnight courier service, or five (5) days after de�osit in the United States mai1, certified or ( registered,rettzrn receipt requested,with postage prepaid,addressed as follows: � To the Owner: Cornelius and Elizabeth Brosnan 649 Barroilhet Avenue � San Mateo,CaIifornia 94402 i ! AND: Sheila Brosnan 305 Pepper Avanua E Hillsbarough,California 94010 I Ta the City: City of Redwood City i J 017 Middlefield Road i Redwood City,Califort�ia 940b3 i At�ri: City Manager � � � ; ATTYlACR120'[3.04513718 LAUR��WAY MAINTENANCE AGR�Et��IV7 � REV:07-29-13 VR i Page 4 of 8 � i I I !