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\0 <br />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 />W5514Z <br />2022-044655 <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 <br />Assessor -Count Clerk-lieeorder <br />11,11,lldlll1IEl 11111fII1111111111111101111111111111���,�� <br />3 2 5 5 6 9 7$* <br />Space Above Reserved for Recorder's Use Only <br />Al <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 />'Pi L 2-5 , 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"), Benjamin Kopf Holding <br />Co., a California corporation ("Kopf') and IQHQ Elco Yards, L.P., a Delaware limited <br />partnership ("IQHQ" and collectively with "Kopf', "Owner"). City and Owner may hereinafter <br />be referred to individually as a "Party" or collectively as the "Parties". <br />RECITALS <br />A. Kopf is the owner of that certain real property located at 1601 El Camino Real <br />Parcel B, 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 Kopf's fee interest and IQHQ's <br />leasehold interest in that property described in Exhibit "A". IQHQ is developing the property and <br />applied to the City for an encroachment permit to install shoring anchors and other improvements <br />(the "Improvements") 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. B21-0847 (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 its 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.2022.069/South Main HH (Page 1 of 5) <br />Exempt from fee per GC 27388.1(a) (1); <br />fee cap of $225 reached <br />