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'f2€W�t7\� �e�vtes-USt> '3 1"flue L, rr'1 N IATI DN\A L -t rf"L RECORDING REQUESTED BY <br />AND WHEN RECORDED RETURN TO: <br />City of Redwood City <br />1017 Middlefield Road <br />City of Redwood City, CA 94063-0391 <br />Attention: City Clerk <br />Recorded for the Benefit of <br />City of Redwood City <br />Pursuant to Government Code <br />Section 27383 <br />2022-044652 <br />County <br />3:00 pm 06/01/22 AG Fee: NO FEE <br />Count of Pages 9 <br />Recorded in Official Records <br />County of San Mateo <br />Mark Church I Ill 1111111mHmminfl'l]iiii·11�m11111 ii Ill*$ R O O O 3 2 5 5 6 8 4 $ * <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 />W AIYER, RELEASE AND HOLD HARMLESS ("Agreement") is entered into as of <br />�� L 2.-€ 2022 (the "Effective Date"), by and between the City of Redwood City, a <br />charter city and municipal corporation of the State of California ("City") and Kopf & Kopf LLC, <br />a California limited liability company ("Kopf') and IQHQ Elco Yards, L.P., a Delaware limited <br />partnership ("IQHQ" and collectively with Kopf "Owner"). City and Owner may hereinafter be <br />referred to individually as a "Party" or collectively as the "Parties". <br />A.Kopf is the owner of that certain real property located at 1601 El Camino Real - <br />Parcel A, Redwood City, California, as more particularly described in Exhibit A , attached hereto <br />and incorporated herein by this reference (the "Property"). Kopf and IQHQ have entered into a <br />ground lease whereby IQHQ is leasing the Property from Kopf to develop the Property. For <br />purposes of this Agreement the "Property" shall consist of Kopfs fee interest and IQHQ's <br />leasehold interest in that property described in Exhibit A. IQHQ 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. B21-0960 (the <br />"Encroachment Permit"), granting the permit and allowing the construction of the Improvements <br />within the Right-of-Way, requires that Owner remove all of the Improvements, at its own expense, <br />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 />REV: 04-07-2022 SK <br />ATTY/AGR.2022.065/South Main (Page 1 of 5) <br />Exempt from fee per GC 27388.1 (a) (l)i <br />fee cap of $225 reached