1702 Pacific LLC 10/18/2024 - Laserfiche WebLink

AGREEMENTS In consideration of the mutual promises set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Temporary Tie-Back Permit. Grantor grants Grantee a temporary right of way permit(the "Tie-Back Permit") giving Grantee the right to the use of the Tie-Back Area for shoring and other excavation-related uses related to the construction of the Project. For the purposes of this Agreement, any improvements constructed or installed in the Tie-Back Area by Grantee are referred to as the "Tie- Back Improvements." 2. Reservation of Grantor's Rights. This Agreement entitles Grantee to use Tie-Back Area only for the purposes expressly described herein. Grantor reserves the right to enter upon and use the Tie-Back Area established hereby for any purpose not inconsistent with Grantee's rights under this Agreement. 3. Permit Term/As-Builts. The term of the Tieback Permit shall begin on the Project construction start date and shall terminate on December 31, 2027. No later than such date, Grantee shall provide Grantor with drawings showing, with reasonable detail, the final locations of the Tie-Back Improvements in the Tie-Back Area. 4. Protection of City ROW. Grantee acknowledges the importance of the City ROW, which include Pacific Avenue right of way, Wetmore right of way and alley abutting the Property to the east. Protection of the public's right-of-way use of the City ROW is of paramount importance to Grantor in this Agreement. 4.1 All use of the Tie-Back Area and all permissions granted under this Agreement shall be in a manner that does not interfere with the use by the Grantor and the public of the City ROW. Grantee shall at its sole expense conform to all applicable laws, regulations, permits or requirements of any public authority affecting the use of the Tie- Back Area. Upon request, Grantee shall deliver to Grantor copies of any such permits. 4.2 Grantee shall pay all costs of any protection, support or relocation of existing utilities deemed necessary by the owners of utilities affected by the Tie-Back Improvements. Grantee is solely responsible for any damage to any utilities due to the construction, repair, reconstruction, maintenance, removal or operation of the Tie-Back Improvements. 4.3 Grantee shall not construct, reconstruct, relocate, adjust, remove, or repair the Tie-Back Improvements or otherwise use the Tie-Back Area except in accordance with plans and specifications approved in advance by the City Engineer. The City Engineer has approved Tie-Back Improvements as described in the plans and Tie-Back Permit and Agreement Page 2