RecDoc 2014-032830 - Laserfiche WebLink

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..�,awrir�rmr�rr�w�n+.Jw. .._..1 ._.._.._.. ....__....�._ . asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the stormwater treatment measure(s) by the Property Owner (collectively, "Claim"). In the event such a Claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such Claim. If any judgment or Claims against the City, its authorized agents, o�cers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and payments, including attorney fees claimed which arise due to the gross negligence or willful misconduct of the City. 11. No Additional Liabilitv. It is the intent of this Agreement to insure the proper maintenance of the stormwater treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. 12. Performance Financial Assurance. The City may request the Property Owner to provide a performance bond, security, or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City Stormwater Regulations. 13. Transfer of Propertv. This Agreement shall run with the title to the land and any portion thereof. The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property or any portion thereof. 14. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of the Property Owner under this Agreement. For Citv: For Propertv Owner: City of Redwood City 333 Main Street RWC, LLC 1017 Middlefield Road 901 Mariners Island Blvd. #700 Redwood City, CA 94063 San Mateo, CA. 94404 (650) 780 - 7000 (650) 378- 2800 Attn: City Manager Attn: Chief Development Officer Except as otherwise stated, all notices to be provided or that may be provided under this Agreement must be in writing and delivered by regular and certified mail, retum receipt requested. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. REV:03-04-14 VR Page 5 of 8 ATTY/AGR.2014.028/333 Main Street Stormwater Agreement