AgdaPkt 2021.04.12 Joint SA PFA - Complete Agenda Packet

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6.C. - Page 8 of 147 Canal Project. The MOU provided for the joint ownership of certain property rights, including rights afforded under this Agreement, to enable such construction. I. Cargill acknowledges its right to compensation for the conveyance of the rights granted herein and for the separately conveyed TCE rights and hereby waives any and all compensation in its entirety in consideration for the contemporaneous recordation of the Restated and Amended Easement Agreement. J. The Parties now wish to enter into this Agreement to provide for the operation and maintenance of the Box Culvert Improvements as provided herein. Now, therefore, for good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the Parties agree as follows: Agreement 1. Incorporation of Recitals. The Recitals above are incorporated by this reference and made part of the Agreement. 2. Culvert Permanent and Access Easement. Cargill hereby grants to the District, the County, Menlo Park, and Redwood City (collectively, the "Grantee Agencies" and individually, a "Grantee Agency") an easement for the maintenance, operation, construction, repair, improvement, and replacement of the Box Culvert Improvements over, along, under and through the Cargill Property in the area legally described in Exhibit 11E-1" and Exhibit "E-2" attached hereto and depicted on Exhibit "D", Exhibit "E-3", Exhibit "E-4" and Exhibit "E-5" attached hereto as the "Culvert Easement Area" for the conveyance of storm water drainage from the Lateral Weir Diversion Structure to the SBSP (the "Culvert Easement"). Cargill further hereby grants to the Grantee Agencies a non-exclusive easement for vehicular access, on existing roadways, and pedestrian access on the Cargill Property in those areas legally described in Exhibit "F-1" and Exhibit "F-2" attached hereto and depicted as the "Culvert Access Area" on Exhibit "F-3", Exhibit "F-4" and Exhibit "F-5" attached hereto for exercise of the rights granted to the District pursuant to the Culvert Easement (the "Culvert Access Easement"). To the extent all or a portion of the Culvert Access Easement area becomes inaccessible to pedestrians and/or vehicles, the Parties shall meet and confer to agree upon modifications to the Culvert Access Easement area to ensure that Grantee Agencies have reasonably convenient ongoing access to such Culvert Easement. Each Grantee Agency agrees to be responsible for any damage caused to the Cargill Property, including trails and roadways, by the operation of vehicles and equipment by such Grantee Agency which are not Load Compliance vehicles (as defined in Section 7 below), and to be responsible for the maintenance and repair of any trails or roadways utilized by such Grantee Agency on the Cargill Property pursuant to the Culvert Access Easement or over the Culvert Easement Area to the extent required under California Civil Code Section 845. Each Grantee Agency shall follow the Access Protocols set forth in Section 3 below in connection with any activities authorized by the Culvert Easement. In the event that a Grantee Agency wishes to construct new or substantially modify the then existing Box Culvert Improvements or related storm drainage facilities within the Culvert Easement Area, the Grantee Agency shall provide Cargill with three (3) months prior written notice of such improvements, with a detailed scope of work and proposed schedule, subject to Cargill's consent, not to be 101