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Special Provision No. 9 of the Encroacl�ment 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 815 Hamilton Street, and prior to issuance of a Certificate of Completion, Owner shall
<br /> remove all Improvements, including shoring piles and anchors, installed ar placed in the Right-
<br /> of-Way within and above five feet of natural grade.
<br /> 2. Improvements to Remain in Ri t-of-Way. Notwithstanding Special Provision
<br /> No. 9 of the Encroachment Permit, Owner may abandon in place only those Improvements
<br /> located 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
<br /> work or maintenance may require the removal of the remaining Improvements. Prior to issuance
<br /> of the Encroachment Permit, Owner shall pay to the City a lump sum payment of Sixty-Nine
<br /> Thousand Dollars ($69,000) to compensate City for potential future removal of the
<br /> 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 time
<br /> to time, perform work and maintenance within the Right-of-Way, which work or maintenance
<br /> may damage buildings and structures located on the property adjacent to the Improvements. To
<br /> the fullest extent provided by law, Owner, for itself, its assigns and successors in interest, hereby
<br /> fully waives, releases and discharges the City of Redwood City, and its officers, officials,
<br /> employees, volunteers, agents, consultants, attomeys, and representatives ("City Parties"), from
<br /> any and all claims, liens, demands, causes of action, actions, debts, damages and liabilities,
<br /> including attorneys' fees and costs ("Claims") related to, caused by or arising from the removal
<br /> of the 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. This waiver and release
<br /> includes all Claims whether at this time known or unknown, anticipated or unanticipated, direct
<br /> or indirect, fixed or contingent. Owner expressly waives and relinquishes any and all rights and
<br /> benefits under Section 1542 of the Civil Code of the State of California with respect to this
<br /> waiver and release. Section 1542 reads as follows:
<br /> REV:10-12-15 VR
<br /> Page 2 of 4
<br /> ATTY/AGR.2015.227/Hamiiton&Winslow Properties, LLC
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