AgdaPkt 2018-12-10 Joint SA PFA - Laserfiche WebLink

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6.E. - Page 8 of 34 GRANT OF REVOCABLE ENCROACHMENT PERMIT FOR UNDERGROUND CONDUITS WITH COMMUNICATION AND STORM DRAIN LINES Pursuant to the approval of the Council of the City of Redwood City dated 2018, permission is hereby granted by this Revocable Encroachment Permit ("Permit") to Kaiser Foundation Hospitals, a California nonprofit public benefit corporation ("Permittee") to keep underground conduits with storm drain lines for drainage purposes and with communication lines on City public right-of-way located on Marshall Court and Maple Street ("Subject Premises"), situated in the City of Redwood City, County of San Mateo, State of California (City"), for use by the adjoining Kaiser development. The Kaiser development is more particularly described in Exhibit "A" and the Subject Premises are more particularly described and depicted in Exhibit "B," both attached hereto and incorporated herein by this reference. This Permit is intended to supersede the permit dated July 28, 2010 and executed on August 4, 2010, "Grant of Revocable Encroachment Permit for the Construction of Improvements and Underground Conduits" relating to Marshall Court (the "Prior Permit"). The Prior Permit was for a four-year term and was intended as a temporary measure to provide sufficient time for the Permittee to determine the underlying fee ownership of Marshall Court prior to pursuing its abandonment with City approval. The Prior Permit also allowed the Permittee to meet its schedule for construction of a new hospital. Hospital construction, including construction of underground conduit in the Subject Premises, was completed in 2014. For various reasons, Permittee is no longer seeking City abandonment of Marshall Court but wishes to permanently maintain its facilities located in the Subject Premises. In consideration of the facts set forth above, the mutual promises and terms and conditions of this Permit and other valuable consideration, the adequacy of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITIONS 1.1 Facilities — means fiber optic cables, coaxial and copper cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, and related facilities located or to be located in the Subject Premises and used for the transmission of telecommunication data or for storm drain lines for drainage purposes. 1.2 Public Rights -Of -Way — means the surface of and the space above and below any street, road, highway, Right -Of -Way, alley, easement, pathway, sidewalk and other public way, including driveway, curb, gutter, paving or other surface and subsurface drainage structure or facility and any public place, or City property, now or hereafter existing as such within the City. ARTICLE lE PERMIT REVOCABLE; INSTALLATION AND MAINTENANCE OF FACILITIES 2.1 Prior Permit Superseded. This Permit shall supersede and replace the Prior Permit. Page 1 of 24 REV; 09-17-18 PR ATTY/AGR.2018.2201Kaiser - Revocable Encroachment Permit 92