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t � <br /> �������� <br /> ASSIGNMENT AND ASSUMPTION OF <br /> RIGHT OF ENTRY AGREEMENT <br /> (Block 2: Mid oad and Winslow Strect) <br /> THIS ASSIGNMEN'1' ND A ON OF THE RIGHT OF ENTRY AGREEMENT <br /> ("Assignmenl") is made as of��� 2013, by and between Hunter/Storm, a Califomia limited <br /> liability company ("Assignor"), Redwood City Partners,LLC, a Delaware limited liability company <br /> ("Assignee"), and is consented to by City of Redwood City, a charter city and municipal corporation <br /> ("City"). <br /> RECI'I'ALS <br /> A. Assignor and City are parties to thAt certAin Right of Entry Agreement dated September 3, <br /> 2012 (the "Entry Agreement"), which such Entry Agreement grants a right of entry to certain real <br /> property designated as Assessor's Parcel Numbers 052-363-170 and a portion of 052-362-140, <br /> situated at Middlefield Road and Winslow Street in the City of Redwood City, consisting of <br /> approximately 3.51 acres currently owned by the City("Property"). Capitalized terms not otherwise <br /> detined shali have the meanings set forth in the Entty Agreement. <br /> B. Assignee and City have entered into a Disposition and Development Agreement("DDA")for <br /> the sale of the Property to Assignee for development. Assi�nor holds an interest in Assignee. <br /> C. in order to make an informed decision on whether to proceed with the purchase and <br /> development of the Property under the DDA,Assignee wishes to conduct Studies on the Property. <br /> C. Assignor desires to assign and transfer to Assignee, and Assignee desires to assume and <br /> accept from Assignor, all of Assignor's rights and obtigations as set forlh in the Entry Agreement, <br /> including but not limited to the non-exclusive right to enter the Property to conduct Studies of the <br /> real property as Assignee deems necessary or desirable. <br /> TJ. City consents to this Assignment. <br /> AGREEMENTS <br /> NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of <br /> which are hereby acknowledged,the parties agree as follows: <br /> 1. Assignment. Assignor hereby assigns, sells and transfers to Assignee, free and clear <br /> of all Liens,all of Assignor's right,title and interest in and to the Entry Agreement. <br /> 2. Assumntion. Assignee hereby accepts this assignment of the Entry Agreement and <br /> agrees to be bound by al!of the terms and conditions of the Entry Agreement. <br /> 3. Effectiveness. This Assignment shall be effective as of the date first set forth above. <br /> From and after such date,Assigiiee shall be entitled to all of tlie rights and obligations set forth in the <br /> Entry Agreement. <br /> Assignment of Entry Agreement <br /> {2445-0003/00340835;} i <br />