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6.1.A. - Page 74
<br /> Property from Property Owner for a term of ninety-nine (99)years.
<br /> D. Developer is installing the Improvements as part of, and as necessary with respect
<br /> to,the construction of structures on the Developer Property.
<br /> E. Developer desires to abandon in place the shoring piles at least five feet below
<br /> grade in the City Property but to remove the anchors except for those construction materials
<br /> related to initial anchor installation such as grout, and City agrees to such abandonment subject
<br /> to the terms and conditions herein.
<br /> F. City and Developer desire to set forth the agreement between the Parties with
<br /> respect to Developer's obligations regarding the Improvements to be abandoned in place,
<br /> including the portions of Developer's Improvements that must be removed, Developer's waiver,
<br /> 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 Developer hereby agree as follows:
<br /> 1. Removal of Improvements. Upon completion of the construction of the building
<br /> located at 2075 Broadway, and prior to issuance of a Certificate of Completion, Developer shall
<br /> remove all Improvements,including shoring piles,installed or placed on the City Property within
<br /> and above five feet of natural grade.Anchors shall be removed at all elevations.
<br /> 2. Improvements to Remain on Ciy Prope . Developer may abandon in place
<br /> only those Improvements located more than five feet below grade, including construction
<br /> materials related to anchor installation, subject to the terms and conditions herein including those
<br /> terms and conditions specific to anchors in Section I above.
<br /> 3. Reimbursement for Costs of Future Removal. Developer agrees and
<br /> acknowledges that a portion of the Improvements will remain and be located within the City
<br /> Property and that City may, from time to time, perform work and maintenance within the City
<br /> Property, which work or maintenance may require the removal of the remaining Improvements.
<br /> Concurrent with the execution of this Agreement, Developer shall pay to the City a lump sum
<br /> payment of Twelve Thousand Seven Hundred Fifty and No/100($12,750.00)to compensate City
<br /> for potential future removal of the Improvements, including anchors.
<br /> 4. Waiver and Release. Developer agrees and acknowledges that a portion of the
<br /> Improvements will remain and be located within the City Property and that City may, from time
<br /> to time, perform work and maintenance within the City Property, which work or maintenance
<br /> may damage buildings and structures located on the Developer Property adjacent to the
<br /> Improvements. To the fullest extent provided by law, Developer, for itself, its assigns and
<br /> successors in interest, hereby fully waives,releases and discharges the City as owner of the City
<br /> Property, the City of Redwood City, and its officers, officials, employees, volunteers, agents,
<br /> consultants, attorneys, and representatives ("City Parties"), from any and all claims, liens,
<br /> demands, causes of action, actions, debts, damages and liabilities, including attorneys' fees and
<br /> costs ("Claims") related to, caused by or arising from the removal of the Improvements or the
<br /> REV.08-31-17 VR
<br /> Page 2 of 10
<br /> ATTY/AGR.2017.193.1/Lane- Broadway,LLC-HHA City Property
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