A humble contribution:
1. TOGA is not allowed if Derated Take off, because Vmca is assured for rated thrust only for selected derated thrust.
2. 35 feet clearance is achieved after net climb gradient, whereas gross (practically you can say actual) gradient is +0.8% (for twins). So your actual clearance from obstacle will be well above.
3. If I had been tethered to life with only one remaining engine, I would behave it very well and smooth, not TOGA unless it is absolutely necessary.