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ORIGINAL AGREEMENT WITH DUCKS UNLIMITED FOR FUNDING TO CONSTRUCT THE BAIR ISLAND PEDESTRIAN BRIDGE THIS AGREEMENT is made and entered into this C (day of , 2011, by and between the CITY OF REDWOOD CITY, a municipal corporation of the State of California ( "City "), and DUCKS UNLIMITED, INC., a non - profit corporation ( "DU "). WITNESSETH: WHEREAS, pursuant to Section 31000 et seq. of the California Public Resources Code, the State Coastal Conservancy ( "SCC ") provides funds to private non - profit entities or public agencies to promote, assist, and enhance projects that provide open space and natural areas that are accessible to urban populations for recreational and educational purposes; and WHEREAS, DU is a non - profit entity that conserves, restores, and manages wetlands and associated habitats for North America's waterfowl; and WHEREAS, DU has obtained $817,782.00 in grant funds from the SCC to construct the Bair Island Pedestrian Bridge Project ( "Bridge" or "Project ") that will provide land based pedestrian and bicycle access to Inner Bair Island; and WHEREAS, the Association of Bay Area Governments ( "ABAG ") granted DU a sum not to exceed two hundred thousand dollars ($200,000), Proposition 84 funds, the "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ", to complete the Bair Island Public Access Improvement Project; and WHEREAS, a joint Environmental Impact Report/Environmental Impact Statement ( "EIR /EIS ") was prepared by California Department of Fish and Game ( "CDFG ") and United States Fish and Wildlife Service ( "USFWS ") to evaluate the potential environmental impacts of the Bair island Restoration and Management Plan (the "Plan "); and WHEREAS, EIR for the Plan, which encompasses the Bair Island Bridge Pedestrian Bridge Project, has been certified by California Department of Fish and Game on January 22, 2008 pursuant to the California Environmental Quality Act ( "CEQA "); and WHEREAS, ABAG and DU shall ensure compliance by DU with all project actions, components, and mitigation measures that are identified as needed to reduce or avoid significant environmental effects in the aforementioned EIR; and WHEREAS, the City considers this project to be a public works project that shall be constructed by DU and monitored by the State Coastal Conservancy; and WHEREAS, in support of the preservation and restoration of Bair Island and the implementation of public access to recreational opportunities, the City Council has pledged Three Hundred Thousand Dollars ($300,000.00) toward the construction of the Bridge; and WHEREAS, as a condition of receiving the funds under this Agreement, DU has agreed to construct the Bridge, as described and depicted in the technical specifications and drawings attached hereto and incorporated herein as Exhibit "A ". ATTY /AGR /2011.009 /DUCKS UNLIMITED 032511 revised final version 1