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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 />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 />WAIVER, RELEASE AND HOLD HARMLESS ("Agreement') is entered into as of <br />( (f, 2017 (the "Effective Date"), by and between the City of Redwood City, a <br />municipal corporation ("City") and GS Diller Subsidiary, LLC, a Delaware limited liability <br />company ("Owner"). City and Owner may hereinafter be referred to individually as a "Party" <br />or collectively as the "Parties". <br />RECITALS <br />A. Owner is the owner of that certain real property located at 1409 El Camion Real, <br />Redwood City, California, as more particularly described in Exhibit A, attached hereto and <br />incorporated herein by this reference (the "Property"). Owner applied to the City for an <br />encroachment permit to install tiebacks and other improvements (the "Improvements") within <br />the City's right-of-way ("Right -of -Way") adjacent to the Property. <br />B. Owner is installing the Improvements as part of, and as necessary with respect to, <br />the construction of structures on the Property. <br />C1' 1-1-6 i20 <br />C. Special Provision No. 9 of Encroachment Permit No. (the "Encroachment <br />Permit"), granting the permit and allowing the construction of the Improvements within the <br />Right -of -Way, requires that Owner remove all of the Improvements, at its own expense, when <br />directed to do so by City. <br />D. Owner desires to detension and abandon in place the tiebacks, at least five feet <br />below grade, permanently in the Right -of -Way, and City agrees to such abandonment subject to <br />the terms and conditions herein. <br />Page 1 of 7 <br />REV: 10-18-17 PR <br />ATTY/AGR.2017.237/GS Diller Subsidiary, LLC <br />