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<br />Page 2 of 8 <br />ATTY/AGR/2022.014.04/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />within the Public Services Easement Area (“Public Services Improvements”), subject to the terms of this <br />License and as further provided in the Encroachment Permit. <br />F. Finally, in connection with the construction of the Project and Blomquist Extension, the parties desire to <br />ensure continued access to (i) the Redwood City Silicon Valley Clean Water (SVCW) sewer pump <br />station (“Pump Station”), (ii) the County temporary homeless shelter currently operating on the County <br />Property (“Existing County Shelter”), and (iii) the secondary access driveway to the City police station <br />located at 1301 Maple Street, Redwood City (“Police Station”), and, therefore, Developer desires to <br />obtain the right to install and use a temporary road (“Temporary Road”) located in part on the portions of <br />the City Parcel depicted on Exhibit A (such portion, the “City Parcel Roadway License Area”) as further <br />provided in this License. The Temporary Road will continue onto portions of the City Remainder (“City <br />Remainder Roadway License Area”), and will be described in a separate Right of Entry for Construction <br />Activities (Developer City Remainder) between the City and Developer executed approximately <br />concurrently herewith (“Developer - City Remainder Roadway License”). <br />G. The City is separately party to a Soil Importation Agreement with the County affecting the same property <br />for a non-exclusive, temporary license for the import Clean Fill thereby raising the elevation of the City <br />Parcel to levels shown on grading plans approved by the City and County. For purposes of this License, the <br />portions of the City Parcel to be filled with clean soil and graded and compacted is referred to herein as <br />the “Soil Importation License Area”; the Soil Importation License Area and City Parcel Roadway License <br />Area are collectively referred to as the “Temporary License Area”. <br />H. Developer, County and City are also parties to that certain Tri-Party Implementation Agreement dated on <br />or about the date hereof (“Tri-Party Agreement”), as to which this License is an attachment. <br />NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements by the parties set forth <br />herein and other good and valuable consideration, City, Owner and Developer agree as follows: <br /> <br />AGREEMENTS: <br /> <br />1. Grant of Licenses. <br />(a) Owner hereby grants to Developer, its employees, consultants, representatives and contractors, <br />a non-exclusive temporary license (“Developer City Parcel Roadway License”), over those <br />portions of the City Parcel depicted on Exhibit A, as the “City Parcel Roadway License Area” to <br />construct, maintain and use a temporary gravel roadway (“Roadway Work”), for travel between <br />Maple Street near the Bair Island Aquatic Center (“BIAC”) and Maple Street in front of the <br />County Shelter, for purposes of ensuring continued access to and from the Pump Station, Existing <br />County Shelter, and secondary access driveway to the Police Station (“Temporary Roadway <br />Access Rights”). The roadway shall have a gravel surface and shall be suitable for all anticipated <br />traffic under this License and the Developer - City Remainder Roadway License, including without <br />limitation heavy construction and maintenance vehicles for the Redwood Pump Station, and <br />traffic for the Existing County Shelter and Police Station, and emergency vehicle access to the <br />Pump Station, Existing County Shelter, and the Police Station. Developer shall maintain the <br />roadway in good and safe condition so that it can perform its intended purposes at all times. For