|
subject to the terms and conditions herein.
<br />E. City and Owner desire to enter into this Agreement to set forth an exception to
<br />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 1180 & 1190 Main Street, and prior to issuance of a Certificate of Completion, Owner
<br />shall remove all Improvements, including shoring and anchors, installed or placed in the Right -
<br />of -Way within and above five feet of natural grade.
<br />2. Improvements to Remain in Right -of -Way. Notwithstanding Special Provision
<br />No. 9 of the Encroachment Permit, Owner may abandon in place only those Improvements
<br />located 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 any Improvements abandoned pursuant to Section 2 will remain and be located
<br />within the Right -of -Way and that City may, from time to time, perform work and maintenance
<br />within the Right -of -Way, which work or maintenance may require the removal of the remaining
<br />Improvements. Prior to issuance of the Encroachment Permit, Owner shall pay to the City a
<br />lump sum payment of Seventy -Two Thousand, Seven Hundred Fifty Dollars ($72,750) to
<br />compensate City for potential future removal of the abandoned Improvements, including
<br />anchors.
<br />4. Waiver and Release. Owner agrees and acknowledges that a portion of any
<br />Improvements abandoned pursuant to Section 2 will remain and be located within the Right -of -
<br />Way and that City may, from time to time, perform work and maintenance within the Right -of -
<br />Way, which work or maintenance may damage buildings and structures located on the Property
<br />adjacent to the improvements. To the fullest extent provided by law, Owner, for itself, its
<br />assigns and successors in interest, hereby fully waives, releases and discharges the City of
<br />Redwood City, and its officers, officials, employees, volunteers, agents, consultants, attorneys,
<br />and representatives ("City Parties"), from any and all claims, liens, demands, causes of action,
<br />actions, debts, damages and liabilities, including attorneys' fees and costs ("Claims") related to,
<br />caused by or arising from the removal of the Improvements or the presence of the Improvements
<br />during work within the Right -of -Way performed by City or its contractors. Such Claims include
<br />without limitation damage to waterproofing or the foundation of any structure on the Property.
<br />This waiver and release includes all Claims whether at this time known or unknown, anticipated
<br />or unanticipated, direct or indirect, fixed or contingent. Owner expressly waives and
<br />relinquishes any and all rights and benefits under Section 1542 of the Civil Code of the State of
<br />California with respect to this waiver and release. Section 1542 reads as follows:
<br />Page 2 of 5
<br />REV: 08-01-19 PR
<br />ATTY/AGR.2019.214/1180 Main - Hold Harmless Agreement
<br />
|