RecDoc 2022-044662 IQHQ TRS Elco Yards, Inc.

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IPCUIT4 NATION RL, 'JiTt RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Redwood City 1017 Middlefield Road City of Redwood City, CA 94063-0391 Attention: City Clerk Recorded for the Benefit of City of Redwood City Pursuant to Government Code Section 27383 � D 095 -74Z -- 2022-044662 County 3:00 pm 06101/22 AG Fee: NO FEE Count of Pages 7 Recorded in Official Records County of San Mateo Mark Church Assessor -Count Clerk -Recorder IIIII 11111111111111111111111111111111I11I1I1111111111111111111111 *$ R 0 0 0 3 2 5 S 7 2 0$* Space Above Reserved for Recorder's Use Only ° AGREEMENT REGARDING IMPROVEMENTS IN RIGHT-OF-WAY, WAIVER, RELEASE AND HOLD HARMLESS THIS AGREEMENT REGARDING IMPROVEMENTS IN RIGHT-OF-WAY, WAIVER, RELEASE AND HOLD HARMLESS ("Agreement") is entered into as of WP L- 7e , 2022 (the "Effective Date"), by and between the City of Redwood City, a charter city and municipal corporation of the State of California ("City") and IQHQ TRS Elco Yards, Inc., a Delaware corporation ("Owner"). City and Owner may hereinafter be referred to individually as a "Party" or collectively as the "Parties". RECITALS A. Owner is the owner of that certain real property located at 1601 El Camino Real Parcel D, Redwood City, California, as more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"). Owner applied to the City for an encroachment permit to install shoring anchors and other improvements (the "Improvements") within the City's right-of-way ("Right -of -Way") adjacent to the Property. B. Owner is installing the Improvements as part of, and as necessary with respect to, the construction of structures on the Property. C. Special Provision No. 9 of Encroachment Permit No. B21-0964 (the "Encroachment Permit"), granting the permit and allowing the construction of the Improvements within the Right -of -Way, requires that Owner remove all of its Improvements, at its own expense, when directed to do so by City. D. Owner desires to abandon in place the shoring piles at least five feet below grade and leave the anchors permanently in the Right -of -Way, and City agrees to such abandonment subject to the terms and conditions herein. E. City and Owner desire to enter into this Agreement to set forth an exception to Exempt from fee per GC 27388.1(a) (1); REV: 04-07-2022 SK fee cap of $225 reached ATTY/AGR.2022.080/South Main HH (Page 1 of 5)