Agmt97 M J Brock & Sons dba Ryl - Laserfiche WebLink

Browse Search

ORIGINAL LICENSE AND INDEMNIFICATION AGREEMENT THIS LICENSE AND INDEMNIFICATION AGREEMENT ("Agreement") is entered into as of the ~~day of October, 1997, by and between REDWOOD SHORES PROPERTIES, a California joint venture general partnership ("Licensor"), and M.J. BROCK & SONS, INC., a Delaware corporation doing business as Ryland Homes Bay Area Division ("Ryland") and THE CITY OF REDWOOD CITY, a municipal corporation ("City") on a joint and several basis (with Ryland and the City being collectively referred to herein as "Licensees"). RECITALS A. In connection with the Redwood Shores Levee Maintenance and Improvement Project ("Levee Project"), the San Francisco Bay Regional Water Quality Control Board ("SFBRWQCB") conditionally issued to the City its Resolution No. 97-078 for State Water Quality Certification for the City of Redwood City on July 3, 1997 ("Certification"). B. In order to fulfill the wetland mitigation requirements for the Certification and as a condition to the effectiveness of the Certification, the SFBRWQCB required the addition of 7.44 acres of mitigation lands to those already designated and approved by the United States Army Corps of Engineers ("Corps") as such additional 7.44 acres was originally described in the Revised Mitigation Plan for Wetlands Impacts Associated With The Proposed Redwood Shores Levee Maintenance Project dated June 1997 ("Mitigation Plan"). C. In conjunction with the Certification and the Mitigation Plan, the Corps issued to the City, as Permittee, Department of the Army Permit No. 19783S dated July 8, 1997, as modified by Letter of Modification dated September 5, 1997 (as modified, the "Corps Permit"). D. The 7.44 acres of mitigation land described in the Mitigation Plan has been relocated to the area outlined in red on Exhibit A attached hereto and incorporated herein by this reference and referred to thereon and herein as the "7.44 Acres". The Mitigation Plan also describes an additional 0.30 acres of mitigation land which is subject to wetland mitigation requirements for the Certification as outlined in green on Exhibit A attached hereto and incorporated herein by this reference and referred to thereon and herein as the "0.30 Acres". The 7.44 Acres and the 0.30 Acres are both owned by Licensor and are hereinafter collectively referred to as the "Property". The E:\RE\70140\O62\LICENSE4.WPD 1