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6.C. - Page 2 of 147 <br />(Cargill) acquired Leslie Salt Company in 1978 and, as a result, became the successor -in -interest to Leslie's <br />rights and obligations under the 1952 easement. <br />On October 2, 2017, the City Council authorized the City Manager to execute an initial Bayfront <br />Canal/Atherton Channel Memorandum of Understanding (MOU) among the City of Redwood City, Town <br />of Atherton, City of Menlo Park and the County of San Mateo. The initial MOU covered expenditures <br />related to planning, engineering, environmental permitting and right-of-way access rights for the Bayfront <br />Canal and Atherton Channel Flood Resilience and Habitat Restoration Project (BC/AC). <br />On December 7, 2020, the City Council authorized the execution of a new MOU among the original <br />agencies with the addition of the new Flood and Sea Level Rise Resiliency District (FSLRRD), which is also <br />known as One Shoreline. The new MOU covered the initial construction and the first five years of <br />operation and maintenance of the BC/AC. The new MOU designated FLSRRD to be the project manager <br />through the construction of BC/AC. <br />ANALYSIS <br />FLSRRD worked with Cargill to acquire the necessary rights for the construction, operation and <br />maintenance of the BC/AC. The construction of the BC/AC is covered under a Temporary Construction <br />Easement (TCE) that is between FLSRRD and Cargill exclusively. The long term operation and maintenance <br />of BC/AC is covered under a second agreement, the Drainage Easement Agreement. <br />While monetary compensation was offered, Cargill declined payment for the rights necessary for the <br />BC/AC. Instead, Cargill conditioned granting the two BC/AC easements in exchange for a third agreement, <br />the Restated and Amended Easement Agreement, which updates the 1952 easement. All three easement <br />agreements are intended to be contemporaneously signed and executed. <br />Temporary Construction Easement Agreement <br />The Temporary Construction Easement would grant rights during the limited time period for the <br />construction of BC/AC. FLSRRD is solely taking the specific rights and obligations associated with the TCE, <br />as FLSRRD is the designated project manager for construction under the terms of the new MOU. The City <br />is not a party to the construction easement agreement and therefore this agreement does not require <br />approval of the City Council. The TCE is included with the staff report as Attachment C. <br />Staff does seek City Council authorization for the two remaining easement agreements, which are further <br />described below. <br />Drainaee Easement Aereement <br />Cargill intends to grant, through a separate document, the permanent easement and non-exclusive access <br />rights to the new drainage facilities constructed under the TCE. The Drainage Easement Agreement covers <br />the future and on-going maintenance and operation activities of BC/AC, including for repair, construction, <br />replacement and improvement of the drainage facilities. <br />All agencies party to the MOU, are grantees of the permanent Drainage Easement, except for Atherton, <br />which chose to not obtain easement rights related to BC/AC. The Drainage Easement Agreement <br />Page 2 of 5 <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org <br />95 <br />