AgdaPkt 2021.04.12 Joint SA PFA - Complete Agenda Packet

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6.C. - Page 7 of 147 C. Cargill is the successor -in -interest to Leslie's interest in the 1952 Drainage Easement with respect to the Cargill Property, and Menlo Park is the successor -in -interest to the County's interest in the 1952 Drainage Easement. D. The Parties have agreed to amend and restate the 1952 Drainage Easement in a Restated and Amended Easement Agreement by and between Cargill, Cargill Point, LLC, the County, Redwood City, Menlo Park and the District in an instrument to be recorded contemporaneously with this Agreement (the "Restated and Amended Easement Agreement"). The Restated and Amended Easement Agreement provides for the ongoing operation and maintenance of storm drainage facilities constructed pursuant to the 1952 Drainage Easement over the 1952 Drainage Easement Area, including the "Bayfront Canal" and "Bayfront Canal Tidal Gate" as depicted in Exhibit 11C-2" and Exhibit "D" attached hereto (collectively, the "1952 Drainage Easement Improvements"). However, the 1952 Drainage Easement was not extinguished and remains in place. E. The County created and formed the San Mateo County Flood Control District (the "Flood District") in 1959 to provide for the construction, operation and maintenance of flood control facilities within San Mateo County. By operation of law, the County's rights and obligations under the 1952 Drainage Easement were assumed by the Flood District upon the Flood District's creation. F. Cargill has also agreed to grant a temporary construction easement (the "TCE") to the District for: (i) the construction of two parallel, 8 foot by 5 foot underground box culverts, a "Lateral Weir Diversion Structure," riprap slope, a trash rack and service grate, a sump pump with 4 -inch drain line to Flood Slough, access shafts to the box culverts, an outlet structure with headwall and riprap adjacent to the South Bay Salt Pond S5 Forebay ("SBSP"), and associated drainage connections for stormwater drainage and conveyance purposes (the "Box Culvert Improvements"), (ii) grading of the SBSP to increase storm drainage capacity, (iii) the fill of certain "Cargill Brine Ditches" on the Cargill Property, and (iii) the removal of the "Belle Haven Donut — Siphon Pipeline" on the Cargill Property, all as depicted in Exhibit "D" attached hereto and as described in further detail in Chapter 2 of the Bayfront Canal and Atherton Channel Flood Management and Restoration Project prepared for the Flood District by Horizon Water and Environment dated July 2019, including Figures 2-4 through 2-8 (the "IS/MND") (collectively, the "Bayfront Canal Project"), along with vehicular and pedestrian access for such construction. The Box Culvert Improvements are located adjacent to and designed to work in concert with the 1952 Drainage Easement Improvements, particularly the Bayfront Canal Tidal Gate, as further described in the IS/MND. G. Pursuant to Assembly Bill No. 825 (2019), the Flood 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. Any remaining rights and obligations held by the County and/or Flood District in the 1952 Easement Agreement have been assumed by the District by operation of law. H. The District, County, Redwood City and Menlo Park have entered into a Memorandum of Understanding (MOU) regarding construction and operation of the Bayfront OA 100