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RECORDING REQUESTED BY <br />AND WHEN RECORDED RETURN TO: <br />2017-077766 <br />City of Redwood City <br />1:01 pm 08/05/17 AG Fee: NO FEE <br />1017 Middlefield Road <br />Count of Pages 7 <br />Cit of Redwood City, CA 94063-0391 <br />City y <br />Recorded in Official Records <br />County of San Mateo <br />Attention: City Clerk <br />Mark Church <br />rIl <br />Recorded for the Benefit of <br />IIIIII <br />I Ilgll <br />III <br />ilClerk-Recorderlllll <br />II <br />III <br />City of Redwood City <br />• R 0 0 0 2 4 4 8 0 4 1+ <br />Pursuant to Government Code <br />, <br />Section 27383 <br />Space Above Reserved for Recorder's Use Only <br />AGREEMENT REGARDING IMPROVEMENTS IN RIGHT-OF-WAY, WAIVER, <br />RELEASE AND HOLD HARMLESS <br />THIS AGREEMENT REGARDING IMPROVEMENTS IN RIGHT-OF-WAY, <br />WAIVER, RELEASE AND HOLD HARMLESS ("Agreement") is entered into as of <br />Civ udr RE— 20 /7 (the "Effective Date"), by and between the City of Redwood City, a <br />municipal corporation ("City") and FULLER STREET PARTNERS, LLC, a California limited <br />liability company("Owner"). City and Owner may hereinafter be referred to individually as a <br />"Party" or collectively as the "Parties". <br />RECITALS <br />A. Owner is the owner of that certain real property located at 601 Brewster Avenue. <br />Redwood City, California, as more particularly described in Exhibit A, attached hereto and <br />incorporated herein by this reference (the "Property"). Owner applied to the City for an <br />encroachment permit to install shoring anchors and other improvements (the "Improvements") <br />within the City's right-of-way ("Right -of -Way") adjacent to the Property. <br />B. Owner is installing the Improvements as part of, and as necessary with respect to, <br />the construction of structures on the Property. <br />C. Special Provision No. 9 of Encroachment Permit No. CP14-0096 (the <br />"Encroachment Permit"), granting the permit and allowing the construction of the <br />Improvements within the Right -of -Way, requires that Owner remove all of its Improvements, at <br />its own expense, when directed to do so by City. <br />D. Owner desires to abandon in place the shoring piles at least five feet below grade <br />and leave the anchors permanently in the Right -of -Way, and City agrees to such abandonment <br />subject to the terms and conditions herein. <br />Page 1 of 5 <br />REV: 05-04-17 VR <br />ATTY/AGR.2017.097/601 Brewster - Tieback Hold Harmless <br />