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6.C. - Page 100 of 147 <br />consideration for the contemporaneous recordation of the Restated and Amended Easement <br />Agreement, which provides for the ongoing operation and maintenance of storm drainage <br />facilities constructed pursuant to the easement recorded on July 9, 1952 as Instrument No. <br />14909-K in Book 2264, Page 130 of the Official Records of San Mateo County. <br />H. Cargill, Cargill Point and the District wish to enter into this Agreement to provide <br />for the construction, operation and maintenance of new stormwater drainage improvements as <br />provided herein. <br />Now, therefore, for good and valuable consideration as hereinafter set forth, the sufficiency of <br />which is hereby acknowledged, the Parties agree as follows: <br />Agreement <br />1. Incorporation of Recitals. Recitals A through H are incorporated by this reference <br />and made part of this Agreement. <br />2. Culvert Temporary Construction Easement. Cargill and Cargill Point hereby <br />grant a non-exclusive, temporary easement to the District over, along, under and through the <br />Cargill Property and the Cargill Point Property, respectively, in those areas depicted in Exhibit <br />"D-1" with cross -hatching as a "Temporary Construction Easement" (the "TCE Area") for: <br />(i) the construction of two parallel, 8 foot by 5 foot underground box culverts, a "Lateral Weir <br />Diversion Structure,"a trash rack and service grate, a sump pump with 6 -inch drain line to <br />Flood Slough, access shafts to the box culverts, an outlet structure with headwall and riprap <br />adjacent to the South Bay Salt Pond S5 Forebay ("SBSP"), and associated drainage connections <br />for stormwater drainage and conveyance purposes (the "Box Culvert Improvements"), (ii) <br />grading and excavation of the SBSP to increase storm drainage capacity, (iii) the fill of certain <br />"Cargill Brine Ditches", and (iv) the removal of the "Belle Haven Donut — Siphon Pipeline" <br />all as depicted in Exhibit "D-2" attached hereto and as described in further detail in Chapter 2 of <br />the Bayfront Canal and Atherton Channel Flood Management and Restoration Project prepared <br />for the Flood District by Horizon Water and Environment dated July 2019, including Figures 2-4 <br />through 2-8 (the "IS/MND") (collectively, the "Bayfront Canal Project"), along with vehicular <br />and pedestrian access for such construction (collectively, the "TCE"). Prior to the fill of the <br />Cargill Brine Ditches and removal of the Bell Haven Donut — Siphon Pipeline, the District shall <br />provide Cargill and Cargill Point with a written scope of work and specifications for such work <br />for review and approval by Cargill and Cargill Point, such approval not to unreasonably <br />withheld, conditioned or delayed, and evidence that all applicable permits and approvals for such <br />work have been obtained by the District. The District shall be solely responsible for all costs, <br />permits, and approvals, if any, and compliance with applicable laws that may be associated with <br />the exercise of rights and obligations granted pursuant to the TCE, and shall exercise <br />commercially reasonable efforts to complete the construction of the Bayfront Canal Project. All <br />access pursuant to the TCE shall comply with the "Access Protocols" set forth in Section 4 <br />below. Cargill and Cargill Point retain the right to make any use of the Cargill Property or <br />Cargill Point Property, respectively, or take other actions that do not unreasonably interfere with <br />the District's use and enjoyment of the rights granted under this TCE. <br />OA <br />193 <br />