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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 />2022044662 CON F <br />County <br />3:00 pm 06/01/22 AO Fee: NO FEE <br />Count of pages 7 <br />Recorded in Official Records <br />County of San Mateo <br />Mark Church <br />Assessor -County Clerk -Recorder <br />:1111 I 1111111 III IIIII IIIII Ilf II IIII! IIIII IIIII IIIII IIII IIII IIII I I III Illl <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 />j4JQ L .2—Irp , 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 IQHQ TRS Elco <br />Yards, Inc., a Delaware corporation ("Owner"). City and Owner may hereinafter be referred to <br />individually as a "Party" or collectively as the "Parties". <br />RECITALS <br />A. Owner is the owner of that certain real property located at 1601 El Camino Real <br />Parcel D, Redwood City, California, as more particularly described in Exhibit "A", attached hereto <br />and 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. B21-0964 (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 />subject to the terms and conditions herein. <br />E. City and Owner desire to enter into this Agreement to set forth an exception to <br />REV: 04-07-2022 SK <br />ATTY/AGR.2022.080/South Main HH (Page 1 of 5) <br />