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Agmt25 BMR-BAY LP
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Agmt25 BMR-BAY LP
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Last modified
3/25/2025 12:55:59 PM
Creation date
3/25/2025 12:55:33 PM
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Template:
Agreement
RMP File Number
304.5
Date
2/26/2025
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REV: 02-05-25 LR <br />RIGHT OF ENTRY AGREEMENT <br />THIS RIGHT OF ENTRY AGREEMENT (this “Agreement”) is made as of this <br />_____________, 2025, by and between BMR-BAY LP, a Delaware limited partnership and the <br />CITY of REDWOOD CITY, a California charter city and municipal corporation (“Licensee”). <br />RECITALS <br />A. Licensor is the owner of certain property located at 700, 720 and 740 Bay Road, <br />Redwood City, California (the “Property”). <br />B. Licensee has requested that Licensor provide to Licensee a temporary right of entry <br />over and across a portion of the Property as depicted on Exhibit A (“License Area”) for the sole <br />purpose described in the Request for Use of Common Area attached hereto as Exhibit B (the <br />“Activities”). <br />C. Licensor has agreed to provide such temporary right of entry subject to the terms <br />and conditions set forth herein. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual agreements contained herein, and <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, Licensor and Licensee hereby agree as follows: <br />1. Right of Entry. Licensor hereby grants to Licensee, its employees, contractors, <br />subcontractors, consultants, agents, representatives and vendors (collectively, the “Licensee <br />Group”) a temporary right of entry to enter onto the License Area for the sole purpose of <br />conducting the Activities (collectively, the “License Rights”). Although this Agreement is <br />effective on the date fully executed (as written in the preamble), the right of entry granted herein <br />shall occur between the hours of 6:00 am to 5:00 pm and shall be for the term commencing on the <br />date set forth in a written notice from Licensee to Licensor, and automatically expiring on the <br />earlier to occur of (a) written notice from Licensor to Licensee that this Agreement is terminated <br />and (b) March 31, 2025, (the “Term”). The License Rights shall not constitute an easement or any <br />other interest in real estate. <br />2. License Work. Licensee shall (and shall cause the Licensee Group to) exercise the <br />License Rights (a) in accordance with all applicable laws, ordinances, codes, regulations and other <br />requirements of governmental authorities (collectively, “Applicable Laws”), including but not <br />limited to any Applicable Laws relating to the transport or disposal of hazardous materials <br />excavated as a result of the Activities, and (b) in a good and workmanlike, safe and prudent <br />manner, so as to not expose the Property or Licensor to hazard, risk or liability, including but not <br />limited to any risk of subsidence or failure of lateral or subjacent support, and in a manner that is <br />otherwise reasonably satisfactory to Licensor. Licensee shall (and shall cause the Licensee Group <br />to) obtain, maintain and comply with any permits, licenses or governmental approvals <br />(collectively, “Permits”) required to conduct the Activities. Licensee shall be responsible for (i) <br />planning and coordinating the Activities (including set-up and take-down of any movable personal <br />ATTY/AGR.2025.012/BMR-Bay LP (700, 720, and 740 Bay Road) (Page 1 of 16) <br />2/26/25
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