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RECORDING REQUESTED BY <br />AND WHEN RECORDED RETURN TO: <br />City of Redwood City <br />1017 Middlefield Road <br />City of Redwood City, CA 94063-0391 <br />Attention: City Clerk <br />Recorded for the Benefit of <br />City of Redwood City <br />Pursuant to Government Code <br />Section 27383 <br />2017-096256 CONF <br />8:24 am 10/31/17 AG Fee: NO FEE <br />Count of pages 10 <br />Recorded in Official Records <br />County of San Mateo <br />Mark Church <br />Assessor -County Clerk -Recorder <br />IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII III III <br />*$ R 0 0 0 2 4 7 3 8 2 2$ <br />Space Above Reserved for Recorder's Use Only <br />AGREEMENT REGARDING IMPROVEMENTS IN RIGHT-OF-WAY, WAIVER, <br />RELEASE AND HOLD HARMLESS <br />THIS AGREEMENT REGARDING IMPROVEMENTS IN RIGHT-OF-WAY, <br />WA R, RELEASE �HOLD HARMLESS ("Agreemenf) is entered into as of �Zb , 20 (the "Effective Date"), by and between Lane — Broadway, LLC, a <br />California limited liability company ("Lessee") and BAE-GEM PROPERTIES, LP, a <br />California limited partnership ("Property Owner" and together with Lessee, the <br />"Developer"), on the one hand, and the CITY OF REDWOOD CITY, a charter city and <br />California municipal corporation ("City"), on the other hand. City and Developer may <br />hereinafter be referred to individually as a "Party" or collectively as the "Parties". <br />RECITALS <br />A. Property Owner is the owner of that certain real property located at 2075 <br />Broadway, Redwood City, California, as more particularly described in Exhibit A, attached <br />hereto and incorporated herein by this reference (the "Property"). Developer applied to the <br />City for an encroachment permit to install shoring piles, anchors and other improvements (the <br />"Improvements") within the City's right-of-way ("Right -of -Way") adjacent to the Property. <br />B. Pursuant to that certain ground lease dated June 30, 2014 by and between <br />Property Owner and Lessee, as amended from time to time, Lessee leased the Property from <br />Property Owner for a term of ninety-nine (99) years. <br />C. Developer is installing the Improvements as part of, and as necessary with <br />respect to, the construction of structures on the Property. <br />C? I1-a13S <br />D. Special Provision No. 9 of Encroachment Permit No. (the <br />"Encroachment Permit'), granting the permit and allowing the construction of the <br />Improvements within the Right -of -Way, requires that Developer remove all of its <br />Improvements, at its own expense, when directed to do so by City. <br />E. Developer desires to abandon in place the shoring piles at least five feet below <br />grade and leave the anchors permanently in the Right -of -Way, and City agrees to such <br />abandonment subject to the terms and conditions herein. <br />REV: 08-31-17 VR <br />Page 1 of 8 <br />ATTY/AGR.2017.193/Lane - Broadway, LLC - HHA ROW <br />