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6.1.A. - Page 85
<br /> F. City and Developer desire to enter into this Agreement to set forth an exception
<br /> to Special Provision No. 9 of the Encroachment Permit. In addition,City and Developer desire
<br /> to set forth the agreement between the Parties with respect to Developer's obligations
<br /> regarding the Improvements to be abandoned in place, including the portions of Developer's
<br /> Improvements that must be removed, Developer's waiver, release and hold harmless, and the
<br /> costs of removal.
<br /> AGREEMENT
<br /> NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which
<br /> are hereby acknowledged, City and Developer hereby agree as follows:
<br /> 1. Removal of Improvements. Upon completion of the construction of the
<br /> building located at 2075 Broadway, and prior to issuance of a Certificate of Completion,
<br /> Developer shall remove all Improvements, including shoring piles and anchors, installed or
<br /> placed in the Right-of-Way within and above five feet of natural grade.
<br /> 2. Improvements to Remain in Right-of-Way. Notwithstanding Special Provision
<br /> No. 9 of the Encroachment Permit, Developer 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. Developer agrees and
<br /> acknowledges that a portion of the Improvements will remain and be located within the Right-
<br /> of-Way and that City may, from time to time,perform work and maintenance within the Right-
<br /> of-Way,
<br /> ight-
<br /> of Way, which work or maintenance may require the removal of the remaining Improvements.
<br /> Prior to issuance of the Encroachment Permit, Developer shall pay to the City a lump sum
<br /> payment of Forty-Five Thousand Seven Hundred Fifty and No/100 Dollars ($45,750.00) to
<br /> compensate City 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 Right-of-Way and that City may, from
<br /> time to time, perform work and maintenance within the Right-of-Way, which work or
<br /> maintenance may damage buildings and structures located on the 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 of Redwood City,
<br /> and its officers, officials, employees, volunteers, agents, consultants, attorneys, and
<br /> representatives ("City Parties"), from any and all claims, liens, demands, causes of action,
<br /> actions, debts, damages and liabilities, including attorneys' fees and costs ("Claims") related
<br /> to, caused by or arising from the removal of the Improvements or the presence of the
<br /> Improvements during work within the Right-of-Way performed by City or its contractors.
<br /> Such Claims include without limitation damage to waterproofing or the foundation of any
<br /> structure on the Property. This waiver and release includes all Claims whether at this time
<br /> known or unknown, anticipated or unanticipated, direct or indirect, fixed or contingent.
<br /> Developer expressly waives and relinquishes any and all rights and benefits under Section
<br /> 1542 of the Civil Code of the State of California with respect to this waiver and release.
<br /> Section 1542 reads as follows:
<br /> A general release does not extend to claims which the creditor
<br /> does not know or suspect to exist in his favor at the time of
<br /> executing the release, which if known by him must have
<br /> materially affected his settlements with the debtor.
<br /> REV,08-31-17 VR
<br /> Page 2 of 8
<br /> ATTY/AGR.2017.193/Lane-Broadway, LLC-HHA ROW
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