AgdaPkt 2020-12-07 Amended Joint SA PFA

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5.A. - Page 14 of 29 MEMORANDUM OF UNDERSTANDING AMONG THE SAN MATEO COUNTY FLOOD AND SEA LEVEL RISE RESILIENCY DISTRICT, CITY OF REDWOOD CITY, CITY OF MENLO PARK, TOWN OF ATHERTON, AND COUNTY OF SAN MATEO TO PLAN, PERMIT, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN THE BAYFRONT CANAL AND ATHERTON CHANNEL FLOOD PROTECTION AND ECOSYSTEM RESTORATION PROJECT This Memorandum of Understanding ("MOU") is made and entered into this day of , 2020 by and among the San Mateo County Flood and Sea Level Rise Resiliency District, an independent special district ("District"), the City of Redwood City ("Redwood City"), the City of Menlo Park ("Menlo Park"), and the Town of Atherton ("Atherton"), municipal corporations of the State of California (collectively, "Cities"), and the County of San Mateo, a political subdivision of the State of California ("County"), collectively referred to as the "Parties" and each of the Parties may be referred to singularly as "Party". RECITALS Whereas, on October 27, 2017, the Cities and County entered into a Memorandum of Understanding to establish the terms and conditions for the cost sharing and responsibilities for the design phase of the Bayfront Canal and Atherton Channel Flood Management and Restoration Project (the "Project") (the "Design MOU"); and Whereas, the Design MOU provided that Project construction, operation, and maintenance responsibilities would be addressed by a future agreement; and Whereas, since the Design MOU was executed, the County's Flood Control District was renamed as the District, its powers were expanded to include addressing and protecting against the impacts of sea level rise, and, effective January 1, 2020, an independent Board of Directors replaced the County's Board of Supervisors as its governing board; and Whereas, certain Project tasks identified in the Design MOUspecifically, final environmental compliance, construction permitting, land acquisition, and final design and construction documents— have not yet been completed; and Whereas, the Parties intend and desire to incorporate those outstanding Project tasks from the Design MOU into this MOU; and Whereas, the Design MOU was funded with a budget of $1,000,000, and the Parties intend and desire that any funds remaining from the Design MOU will be added to the funds contributed for this MOU. AGREEMENT NOW, THEREFORE, in consideration of the facts set forth in the foregoing recitals which are incorporated into this MOU and as though fully set forth herein and the mutual promises contained herein, the Parties agree as follows: 17 ATTY/AGR.2020.270/FSLRRD, Atherton, Menlo Park and County (MEMORANDUM OF UNDERSTANDING) (Page 1 of 15)