Agmt22 County of San Mateo 1548 Maple, LLC Demolition (County Property)

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Page 2 of 13 ATTY/AGR/2022.014.07/TRI-PARTY AGREEMENT REV: 01-25-2022 VR D.Additionally, (i) pursuant to a Right of Entry for Construction Activities (County Property) between City and Developer, originally dated on or about the date hereof (“Temporary Developer License Agreement”), Developer will have obtained a temporary license to use a portion of the County Property defined therein as the “Temporary License Area” (“Temporary Developer License Area”)for laydown and storage in connection with Developer’s construction of the Project and the Blomquist Extension, and (ii) pursuant to a Right of Entry for Construction Activities (Temporary County License) entered into by City and County, dated on or about the date hereof and effective at or after the Exchange Closing (“Temporary County License Agreement”), County will have obtained a temporary license to use a portion of the County Property not included in the County Lease Area or Temporary Developer License Area (subject to adjustment as provided therein, “Temporary County License Area”) for laydown and storage in connection with County’s construction of a new Navigation Center on the property to be acquired by County from City pursuant to the Exchange Transaction (“County Activities”). County, City, and Developer agree that any rights and obligations under the Temporary County License Agreement and Temporary Developer License Agreement shall be construed consistently with the parties’ intention to accommodate, and not delay or increase the costs of, the Demolition Work. E.Pursuant to that certain Tri-Party Implementation Agreement dated on or about the date hereof, by and among Developer, County and City (“Tri-Party Agreement”), as to which this Demolition Agreement is an attachment, effective as of the Effective Date Developer will have agreed to demolish all structures to grade on the entirety of the County Property including areas outside of the Blomquist County Right-of-Way (“Demolition Work”) in exchange for City and County’s agreement to pay a pro rata share of the costs of the Demolition Work. The portion of the County Property on which the Demolition Work is to occur is referred to herein as the “Demolition License Area”. This Demolition Agreement is to establish additional terms for performance of the Demolition Work and City’s and County’s payment of a portion of the costs thereof. In no event shall the Demolition Work include the removal of Hazardous Substances or any currently unknown below grade structures including, without limitation, underground tanks, vaults, and utilities. F.Exhibit A identifies the location of the Building 1 and the Demolition License Area on the County Property. . G.The Demolition Work will be advantageous to the City and County in that it will provide a cost-efficient way to facilitate the ultimate development of the proposed County Project on the Remainder Area. As advertising and competitive bidding by the City or County will not produce a greater public benefit or better economic result for them, the City and County have determined that the Demolition Work is not subject to competitive bidding requirements because the results of such efforts would be incongruous and unavailing, undesirable, impractical, or impossible, and would not produce any advantage to, or benefit the best interest of, City, County or the public. (See Los Angeles Dredging Co. v. City of Long Beach (1930) 210 Cal. 348, 348-355;Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 635-636;Meakin v. Steveland, Inc.(1977) 68 Cal.App.3d 490, 498.) H.Additionally, as the Demolition Work will constitute a “public work” as defined in California Labor Code Section 1720(a)(1), Developer will cause its contractors and subcontractors to comply with various labor requirements, including prevailing wage laws, all as set forth in this Demolition Agreement.