Agmt12 Hunter/Storm Right of Entry Block 2

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ORIGIN�L RIGHT OF ENTRY (Block 2: Middlefield Road and Winslow Street) �� � ' This RIGHT OF ENTRY AGREEMENT ("Agreement"), dated as of s 3 , 2012, is made by and between City of Redwood City, a charter city and municipal corporation ("City"), and Hunter/Storm, a California limited liability company, ("Buyer"), who agree as follows: RECITALS A. City is the owner of that certain real property designated as Assessor's Parcel Numbers 052-363-170 and a portion of 052-362-140, situated at Middlefield Road and Winslow Street in the City of Redwood City, County of San Mateo ("County"), State of California, consisting of approximately 3.51 acres, which acreage is vacant ("Property"). The Property is shown on Attachment No. 1, attached hereto and incorporated herein. B. City and Buyer are currently negotiating a Disposition and Development Agreement for the sale of the Property to Buyer for development("DDA"). C. In order to make an informed decision on whether to proceed with the purchase and development of the Property, Buyer wishes to conduct studies and investigations of physical, geological, and environmental conditions on the Property, including (without limitation) drilling, trenching and excavation as necessary or desirable for evaluating subsurface conditions ("Studies"). The proposed locations for Studies are showed on Attachment No. 1. D. Buyer understands and acknowledges that Buyer may need to obtain permits from the San Mateo County Department of Hazardous Materials, Environmental Health Divisions ("Department")to conduct such Studies. E. Buyer seeks to have access to, and City wishes to provide Buyer with access to, the Property in order to conduct the Studies Buyer deems necessary or desirable, subject to the terms hereof. AGREEMENT 1. Ri�ht of EntrX. (a) Grant. City grants to Buyer a non-exclusive license to enter on the Property to conduct Studies of the real property as Buyer deems necessary or desirable. (b) Term. The term of this Agreement shall commence upon the date first written above, and shall expire on the earlier of: (i)the Close of Escrow, as will be defined in the DDA; or (ii)the termination of this Agreement by either party upon 5 days prior advance written notice to the other party ("Term"). Upon the termination of this Agreement pursuant to clause (ii) above, Buyer shall, at its sole cost and expense, remove any personal property or equipment of Buyer on the Property in accordance with all applicable laws. ATTY/AGR/2012.102/RIGHT OF ENTRY(LICENSE)FOR HUNTERSTORM REV:08-27-12 VR Page 1 of 7