RecDoc 2013-134211 - Laserfiche WebLink

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Owner's contractors, subcontractors, agents or employees, including,but not limited to, the performance of the Maintenance Services or other Activities. Notwithstanding the forgoing, the Owner sha11 not be obligated under this Agreement to defend and/or indemnify the City to the extent that any Claim is caused by the gross negligence or willful misconduct of the City or its agents or employees. The aforementioned indemnity shall apply regardless of whether or not the City has prepared, supplied or approved plans and/or specifications for the Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. 11. DEFAULT. The failure to maintain the Improvements will constitute an event of default. Upon such event of default, the City shall provide written notice to the Owner. Upon receipt of the written norice, the Owner sha11 have thirty (30) days to remedy such event of default (or such longer period of time as may reasonably be required, provided that the Owner shall commence to remedy such default within thirty (30) days period and thereafter diligently prosecute such remedy to completion). If the Owner fails to remedy the event of default within the prescribed time period, the City shall have the right to do all work necessary to remedy the event of default and charge the Owner actual costs incurred by the City for such work. 12. ASSIGNMENT BY CITY. The CiTy shall have the right at its option to assign its rights and obligations under this Agreement to a municipal services district or other public agency without consent of the Owner. 13. AGREEMENT ATTACHES TO LAND AND BINDS OWNER'S SUCCESSORS AND ASSIGNS. This Agreement pertains to and runs with the Property in perpetuity, and shall be recorded against the Property. This Ageement binds the assigns and successors-in-interest of the Owner, including any transferee of a fee interest in the Property. The City and its successors and assigns, in the event of any breach of this Agreement, sha11 have the right to exercise a11 of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings against the Owner or its permitted successors and assigns to enforce the curing of such breach. 14. ASSIGNMENT BY OWNER. Upon sale of the Property, the former Owner shall be released from any further obligations under this Agreement,except for any final charges incurred by City under Section 11,and the new Owner sha11 assume all of the Owner's obligations hereunder. 15. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five(5) days after deposit in the United States mail, certified or registered,return receipt requested,with postage prepaid,addressed as follows: To the Owner: Cornelius and Elizabeth Brosnan 609 Barroilhet Avenue San Mateo,California 94402 AND: Sheila Brosnan 305 Pepper Avenue Hillsborough,California 94010 To the City: City of Redwood City 1017 Middlefield Road Redwood City,California 94063 Attn: City Manager AITI/AGR/2013.045/3718 LAUREL WAY MAINTENANCE AGREEMENT REV:07-29-13 VR Page 4 of 8