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6.1. F. - Page 46 R�d c�� oa��t��a founded [8�7 WAIVER AND �NDEMN�F�CATION AGREEMENT FOR DEVELOPMENT APPLICATI�NS RELATED TO OR POTENTIALLY AFFECTED BY THE KENTFIELD AND R-2 LAWSUITS Recitals Applicar�t submitted an application, or applications {"Appiicatian(s)") to the City of Redwood City (the "City") on ar about Decemb�r 10, 2010 for the following development approval(s}: finaI subd'zviszon map far 15 S 1-1617 K�nt�'ield Avenue, Redwood City and for building pei•mits to construct 21 unifis on the property. Applicant acknowledges that Applicant is aware of, and has had the opportunity to cansul# with its otivn attorneys regarding the la�nrsuits entitled: • Kentfield-Union Nei�hborhoad Association and _Michael Bautista vs. Redwood Citv Council; Kentfeld Pacific LLC, Does 1 tr�ough 10, Real Parties in Inte�•est, Case No. CIV 48b878; and • Michael Bautista vs. Redwood Ci�v Council, Case No. 496795 (voluntari�y withdrawn); (coll�ctiv�ly the "Lawsuit"), which suit co�ld have an effect on City's grant of, or ability ta grant, development approvals so�ght in the Application(s}. F�u Applicant is requesting that City app�•ave and recard a final map for the subject property and Applicant has made or intends to rr�al�e certain alterations to the subject praperty sueh as installing improvements and grading, and if the City approves the final map, Applicanti in�ends to cammence constiuction of the 21 units even while the litigation is praceeding. Agreement For good and valuable consideration, the receipt and sufficien.cy a� which is hereby acicnowledged, Applicant hereby expressly agrees, in connection with actions by the City in proc�ssing of the Applications(s) and/or granting approvals, to each and every one of fhe following tei�ns and conditions: 1. In maI�ing this/these Application(s}, and in reques�ing approvals, Applicant is aware that the Lawsuit could resuIt in it� Application(s} and any develap�nent approvals approved pursuant thereto being set aside (in whole or in pa�•t), voided, or annulled, and Applicant is voluntariIy and knowingiy p��oceeding at its own risk, and further th�at such C:lUserslbsmith.PPG1AppDatalLocallMicrasoftlWindowsiTemporary Intarnet FileslO�,KF46812011 QO1 Waiver for R2 T�entfieid �nal.doe Page 1 of 3