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Special Provision No. 9 of the Encroachment Permit. In addition, City and Owner desire to set
<br />forth the agreement between the Parties with respect to Owner's obligations regarding the
<br />Improvements to be abandoned in place, including the portions of Owner's Improvements that
<br />must be removed, Owner's waiver, 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 Owner hereby agree as follows:
<br />1. Removal of Improvements. Upon completion of the construction of the building
<br />located at 851 Main Street, and prior to issuance of a Certificate of Completion, Owner shall
<br />remove all Improvements, including shoring and anchors, installed or placed in the Right -of -Way
<br />within and above five feet of natural grade.
<br />2. Improvements to Remain in Right -of -Way. Notwithstanding Special Provision No.
<br />9 of the Encroachment Permit, Owner may abandon in place only those Improvements located
<br />more than five feet below grade, subject to the terms and conditions herein.
<br />3. Reimbursement for Costs of Future Removal. Owner agrees and acknowledges
<br />that a portion of the Improvements will remain and be located within the Right -of -Way and that
<br />City may, from time to time, perform work and maintenance within the Right -of -Way, which work
<br />or maintenance may require the removal of the remaining Improvements. Prior to issuance of the
<br />Encroachment Permit, Owner shall pay to the City a lump sum payment of Twenty -One Thousand
<br />Seven Hundred Fifty and No/100 Dollars ($21,750.00) to compensate City for potential future
<br />removal of the Improvements, including anchors.
<br />4. Waiver and Release. Owner 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 time
<br />to time, perform work and maintenance within the Right -of -Way, which work or maintenance may
<br />damage buildings and structures located on the property adjacent to the Improvements. To the
<br />fullest extent provided by law, Owner, for itself, its assigns and successors in interest, hereby fully
<br />waives, releases and discharges the City of Redwood City, and its officers, officials, employees,
<br />volunteers, agents, consultants, attorneys, and representatives ("City Parties"), from any and all
<br />claims, liens, demands, causes of action, actions, debts, damages and liabilities, including
<br />attorneys' fees and costs ("Claims") related to, caused by or arising from the removal of the
<br />Improvements or the presence of the Improvements during work within the Right -of -Way
<br />performed by City or its contractors. Such Claims include without limitation damage to
<br />waterproofing or the foundation of any structure on the Property. This waiver and release includes
<br />all Claims whether at this time known or unknown, anticipated or unanticipated, direct or indirect,
<br />fixed or contingent. Owner expressly waives and relinquishes any and all rights and benefits under
<br />Section 1542 of the Civil Code of the State of California with respect to this waiver and release.
<br />Section 1542 reads as follows:
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<br />ATFY/AGR/2018.190/855 MAIN STREET RWC, LLC
<br />REV: 10-11-18 PR
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