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connection herewith. This section shall not apply to any claims, demands, suits, damages, <br /> liabilities, losses, accidents, casualties, occurrences, claims and payments, including <br /> attorney fees claimed which arise due to the gross negligence or willful misconduct of the <br /> City. <br /> 11. No Additional Liabilitv. It is the intent of this Agreement to insure the proper <br /> maintenance of the treatment measure(s) by the Property Owner; provided, however, that <br /> this Agreement shall 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 storm water <br /> runoff. <br /> 12. Performance Financial Assurance. The City may request the 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 the City's <br /> ordinances, guidelines, criteria or written direction. <br /> 13. Transfer of Proqertv. This Agreement shall run with the title to the land and any <br /> portion thereof. The Property Owner further agrees whenever the Property or any <br /> portion thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this <br /> Agreement which shall apply to, bind and be obligatory to all present and subsequent <br /> owners of the Property or any portion thereof. <br /> 14. Notices. The name of the persons who are authorized to give written notices or <br /> to receive written notice on behalf of City and on behalf of the Property Owner under <br /> this Agreement. <br /> For Citv: <br /> City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> (650) 780 - 7380 <br /> Attn: City Engineer <br /> For Propertv Owner: <br /> RC Peninsula Park, LLC <br /> 270 St. Paul Street, Suite 300 <br /> Denver, CO 80206 <br /> (303) 371-9000 <br /> Attn: Joseph M. Wilson <br /> Except as otherwise stated, all notices to be provided or that may be provided under <br /> this Agreement must be in writing and delivered by regular and certified mail, return <br /> receipt requested. Each party will notify the other immediately of any changes of <br /> address that would require any notice or delivery to be directed to another address. <br /> ATTY/AGR/2013.054/STORMWATER TREATMENT MEASURES MAINTENANCE AGR-BAIR ISLAND RD DRA <br /> REV:04-12-13 VR <br /> Page 5 of 8 <br />