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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 />2022-044665 CONF <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 -County Clerk -Recorder <br />11E11111111I11I1f11IPI 111111Id 11111 11111 11111 1!111 11111 i i 11� I <br />*$ R 0 0 0 3 2 5 5 7 3 0$* <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 />IZl L 2-8 , 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 partnership <br />("IQHQ" and collectively with "Kopf', "Owner"). City and Owner may hereinafter be referred <br />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 E, 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. B21-0966 (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 />REV: 04-07-2022 SK <br />ATTY/AGR.2022.068/South Main (Page 1 of 5) <br />