|
6.C. - Page 99 of 147
<br />TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT
<br />THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT
<br />("Agreement"), made and entered into this -th day of , 2021 (the "Effective Date"),
<br />by and between CARGILL, INCORPORATED, a Delaware corporation, with a principal place
<br />of business at 15407 McGinty Road West, Wayzata, Minnesota 55391 ("Cargill"), CARGILL
<br />POINT, LLC, a Delaware limited liability company, with a principal place of business at 15407
<br />McGinty Road West, Wayzata, Minnesota 55391 ("Cargill Point"), and the SAN MATEO
<br />COUNTY FLOOD AND SEA LEVEL RISE RESILIENCY DISTRICT, an independent special
<br />district, with a principal place of business at 1700 South El Camino Real, Suite 502, San Mateo,
<br />California 94402 ("District") (Cargill, Cargill Point and the District are referred to herein
<br />collectively at times as the "Parties" or, individually, as a "Party"):
<br />Recitals
<br />A. Cargill is the fee owner of certain real property located within the City of Menlo
<br />Park, California, as described in Exhibit "A" attached hereto (the "Cargill Menlo Park
<br />Property") and as described in Exhibit "B" attached hereto (the "Cargill Pipeline Property")
<br />(the Cargill Menlo Park Property and Cargill Pipeline Property are together referred to herein as
<br />the "Cargill Property").
<br />B. Cargill Point is the fee owner of certain real property located within the City of
<br />Redwood City, California, as described in Exhibit "C" attached hereto (the "Cargill Point
<br />Property").
<br />C. In 1959, the County of San Mateo (the "County") created and formed the San
<br />Mateo County Flood Control District (the "Flood District") to provide for the construction and
<br />operation and maintenance of flood control facilities within San Mateo County.
<br />D. Pursuant to Assembly Bill No. 825 (2019), the Flood District was renamed as the
<br />District, its powers were expanded to include addressing and protecting against the impacts of
<br />sea level rise, and, effective January 1, 2020, an independent Board of Directors replaced the
<br />County's Board of Supervisors as its governing board.
<br />E. Cargill has separately agreed to grant the District, the County of San Mateo, the
<br />City of Redwood City, and the City of Menlo Park (collectively, the "Agencies") permanent
<br />easement rights for the maintenance, operation, construction, repair, improvement, and
<br />replacement of certain improvements over, along, under and through the Cargill Property for the
<br />conveyance of storm water drainage and vehicular access, on existing roadways, and pedestrian
<br />access on the Cargill Property (the "Permanent Easement').
<br />F. The Agencies have entered into a Memorandum of Understanding regarding
<br />construction and operation of the Bayfront Canal Project, as defined below in Paragraph 2.
<br />G. Cargill and Cargill Point acknowledge their respective rights to compensation for
<br />the conveyance of the rights granted by this Agreement and for the separately conveyed rights
<br />granted by the Permanent Easement, and hereby waive any and all compensation in its entirety in
<br />192
<br />
|