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E. Fontwerth and Fontana have received authorization from the City of Redwood City
<br />("City") via an Architectural Permit (AP2020-020) subject to Conditions of Approval to redevelop their
<br />properties to redesign existing structures, including constructing exterior improvements to two existing
<br />restaurants, adjoining their parking areas, constructing other parking and circulation improvements, and
<br />updating landscaping (hereinafter referred to as the "Project").
<br />F. To ensure that the Project at all times possesses the requisite number of parking spaces
<br />available as required under applicable zoning and building code regulations, Condition of Approval
<br />Number 7 requires the dedication of a parking easement in a form acceptable to the City Attorney prior to
<br />Building Permit issuance. The purpose of recording such easement was to specify the improvements,
<br />access, maintenance, and parking obligations applicable to the Properties to ensure the shared parking
<br />arrangement would meet the needs of the commercial patrons of the Properties and provide adequate
<br />circulation for the tenants and their customers through the Properties.
<br />G. The Parties contend that this Agreement, which will be recorded prior to issuance of a
<br />certificate of occupancy, is a satisfactory instrument to meet the parking requirements under Conditions
<br />of Approval Number 7.
<br />H. Fontwerth and Fontana desire to enter into this Agreement to establish the terms and
<br />conditions of the shared access and parking.
<br />NOW, THEREFORE, IN CONSIDERATION of the terms, covenants, representations,
<br />warranties and agreements contained in this Agreement, and other good 'and valuable consideration, the
<br />receipt and sufficiency of which the Parties hereby acknowledge, Fontwerth and Fontana do agree as
<br />follows:
<br />AGREEMENT
<br />1. Recitals. Fontwerth and Fontana agree that all of the above recitals are true and correct
<br />and are hereby incorporated into this Agreement.
<br />2. Effective Date. This Agreement is dated as is first above written for reference purposes
<br />only. This Agreement will become effective upon execution by the Parties (the "Effective Date").
<br />3. Shared Ingress, Egress, Circulation and Parking Access.
<br />a. Fontwerth hereby grants and reserves to the Fontana Property, its tenants, lessees,
<br />invitees, employees, customers, agents, contractors, and guests (collectively the "Permittees"), a
<br />perpetual non-exclusive right of use for pedestrian and vehicular ingress, egress, circulation, and
<br />parking in, on, over, and through the Fontwerth Property in the designated areas depicted on
<br />Exhibit C.
<br />b. Fontana hereby grants and reserves to the Fontwerth Property and its Permittees, a
<br />perpetual non-exclusive right of use for pedestrian and vehicular ingress, egress, circulation, and
<br />parking in, on, over, and through the Fontana Property in the designated areas depicted on Exhibit
<br />C.
<br />C. The ingress, egress, circulation and parking areas depicted in Exhibit C shall include,
<br />without limitation, all driveways, parking areas, service drives, entrances, and exits located within
<br />the designated areas depicted within Properties on Exhibit C, as may now or hereafter be
<br />established and constructed.
<br />d. The Parties agree that the designated areas depicted on Exhibit C will not be made
<br />subject to any other covenant or contract for use which interferes with the uses provided in this
<br />REV: 01-09-25 VR
<br />ATTY/AGR.2026.003/Fontana Enterprises LLC (976-980 Woodside) (Page 2 of 11)
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