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Office of City Attorney CITY OF REDWOOD Cm 702 M'rlhall StreIt, Suite 314 Redwood City, CA 94083 Attention: David E. Scluickør, Esa. DOC. ~ 2000-089121 07/21/2000 08:55A AG Fee:13.00 Page 1 of 3 Recorded in Official Records County of San Mateo Uarren Slocum Assessor-County Clerk-Recorder R íú ijj] li]1 ~Iì ii IIII ïïìilìliï~ III ì ~ rill illr~ïill RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Trlnater TIX: lIone dul! 1f INDEMNITY AGREEMENT WHEREAS, Pacific Shores Development, LLC, a. Delaware limited liability company ("Pacific Shores") is the owner of property subject to a vesting tentative map no. 10806-7 approved by the City of Redwood City ("City") Notice of Official Action dated September I, 1998; and WHEREAS. one of the conditions of approval of such map, shown as Condition D.4. in the memorandum from the Engineering and Construction Division of the Community Development Services Department dated July 1, 1998, provides that Pacific Shores shall submit an agreement between Cargill, Inc. ("Cargill") al1d Pacific Shores regarding the use and maintenance of a perimeter channel and limiting discharge of storm water into the channel by Cargill to the capacity of the storm water pump station to be built by Pacific Shores; and WHEREAS, Pacific Shores and Cargill have entered into that Reciprocal Ditch Easement Agreement recorded as Instrument No. 99016114 on April 29, 1999 in the Official Records of San Mateo County with respect to the usage of the channel (the "Ditch Agreement"); and WHEREAS, the City does not believe that the language of the Ditch Agreement conforms precisely to the language of the condition of appro va}; and WHEREAS, Pacific Shores wishes to reassure the City regarding the meaning of the Ditch Agreement and its compliance with the conditions; Now, THEREFORE, Pacific Shores shall, to the fullest extent permitted by law, indemnify, defend, protect and hold hannless the City of Redwood from and against claims, damages, losses, liabilities and expenses suffered or incurred by City, including but not limited to attorneys fees, arising out of or resulting from any claim by Cargill that Cargill has the right to discharge or receive City's approval to discharge storm water from the Cargill property into the Ditch Easement Area, as both terms are des'cribed in the Ditch Agreement to an extent which would exceed capacity of the storm water pump station to be constructed by Pacific Shores and to be maintained and operated by City for the benefit of Pacific Shores and City without such improvements or modifications by Cargill, including, without limitation, installation, operation ~\D.' TA\I)OC'O~".".tn""",-,,, ^.....,...- .1. ("O~2I'" '~,4"'"