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10/26/2020 Improvement Agreement attached to the staff report for this Resolution ("Levee Agreement"), which Levee Agreement provides among other things for: (a) SCOA's design and construction of (i) a levee and related flood protection facilities along the perimeter of Seaport Plaza facing Redwood Creek ("Seaport Plaza Levee Improvements"), (ii) improvements to (and, where necessary, replacement of) the existing Seaport Centre Levee (except for the inboard boundary with Seaport Plaza) ("Seaport Centre Levee Improvements" and, collectively with the Seaport Plaza Levee Improvements, the "Levee Improvements"); and (iii) SCOA's application for, processing and final accreditation by FEMA of the Seaport Centre Levee as improved and enlarged by the Levee Improvements (collectively, the "New Levee"); (b) City's acquisition of the Levee Improvements, following SCOA's satisfactory completion thereof, pursuant to a Purchase Contract ("Purchase Contract") in the form attached to the Levee Agreement as Exhibit C; (c) the establishment of a community facilities district ("CFD") under the authority of the City's Special Tax Financing Law ("Code"), the boundaries of which would include all real property within the area of the New Levee, for the purpose of levying a special tax on all nonexempt real property within the area of the New Levee pursuant to Article XIIIC, Section 2(d) of the California Constitution and the Code, to finance: (i) the City's acquisition of the Levee Improvements from Owner, (ii) the maintenance and operation of the Levee Improvements, and (iii) the continued maintenance and operation of the Seaport Centre Levee and Seaport Centre Wet Utilities currently being funded by the Maintenance District, not otherwise being funded under (ii) above; and (d) pursuant to the Improvement Act of 1911 (Division 7, Part 3, Chap. 26 of the Streets and Highways Code) ("1911 Act") (including without limitation Government Code Sections 5848 et seq.), the dissolution of the Maintenance District following formation of the CFD (collectively, the "Seaport Levee -Related Actions"); and WHEREAS, a portion of the New Levee is located within the 100 ` shoreline area that is subject to the jurisdiction of the Bay Conservation and Development Commission ("BCDC") and therefore amendment of certain existing BCDC permits will be required in connection with the Seaport Levee -Related Actions; and WHEREAS, BCDC requires City to sign on as a co -applicant to BCDC permit ATTY/RESO.0120/CC RESO APPROVING MASTER LEVEE AGREEMENT REV: 10-21-2020 VR Page 3 of 7 RESO. NO. 15400 MUFF NO. 506