|
Special Provision No. 9 of the Encroachment Permit. In addition, City and Owner desire to set
<br /> forth the agreement between the Parties with respect to Owner's obligations regarding the
<br /> Improvements to be abandoned in place, including the portions of Owner's Improvements that
<br /> must be removed, Owner's waiver, release and hold harmless, and the costs of removal.
<br /> AGREEMENT
<br /> NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
<br /> hereby acknowledged, City and Owner hereby agree as follows:
<br /> 1. Removal of Improvements. Upon completion of the construction of the building
<br /> located at 525 Middlefield Road,and prior to issuance of a Certificate of Completion,Owner shall
<br /> remove all Improvements, including shoring and anchors, installed or placed in the Right-of-Way
<br /> within and above five feet of natural grade.
<br /> 2. Improvements to Remain in Ri t-of-Way. Notwithstanding Special Provision No.
<br /> 9 of the Encroachment Permit, Owner may abandon in place only those Improvements located
<br /> more than five feet below grade, subject to the terms and conditions herein.
<br /> 3. Reimbursement for Costs of Future Removal. Owner agrees and acknowledges
<br /> that a portion of the Improvements will remain and be located within the Right-of-Way and that
<br /> City may,from time to time,perform work and maintenance within the Right-of-Way,which work
<br /> or maintenance may require the removal of the remaining Improvements. Prior to issuance of the
<br /> Encroachment Permit, Owner shall pay to the City a lump sum payment of One Hundred and
<br /> Twenty Two Thousand Two Hundred and Fifty Dollars ($122,250.00) to compensate City for
<br /> potential future removal of the Improvements, including anchors.
<br /> 4. Waiver and Release. Owner agrees and acknowledges that a portion of the
<br /> Improvements will remain and be located within the Right-of-Way and that City may, from rime
<br /> to time,perform work and maintenance within the Right-of-Way,which work or maintenance may
<br /> damage buildings and structures located on the property adjacent to the Improvements. To the
<br /> fullest extent provided by law,Owner,for itself,its assigns and successors in interest,hereby fully
<br /> waives, releases and discharges the City of Redwood City, and its officers, officials, employees,
<br /> volunteers, agents, consultants, attorneys, and representatives ("City Parties"), from any and all
<br /> claims, liens, demands, causes of action, actions, debts, damages and liabilities, including
<br /> attorneys' fees and costs ("Claims") related to, caused by or arising from the removal of the
<br /> Improvements or the presence of the Improvements during work within the Right-of-Way
<br /> performed by City or its contractors. Such Claims include without limitation damage to
<br /> waterproofing or the foundation of any structure on the Property. T'his waiver and release includes
<br /> all Claims whether at this time known or unknown,anticipated or unanticipated,direct or indirect,
<br /> fixed or contingent. Owner expressly waives and relinquishes any and all rights and benefits under
<br /> Section 1542 of the Civil Code of the State of California with respect to this waiver and release.
<br /> Section 1542 reads as follows:
<br /> ATTY/AGR/2014.065/HOLD HARMLESS SHORING RIGHT-OF-WAY
<br /> REV:05-16-14 VR
<br /> Page 2 of 6
<br />
|