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<br />ORIGINAL <br /> <br />COST SHARING AGREEMENT BETWEEN THE CITY OF REDWOOD CITY <br />AND THE SOUTH BAYSIDE SYSTEM AUTHORITY (SBSA) FOR REHABILITATION OF <br />EXTERIOR LEVEE ADJACENT TO SBSA PROPERTY <br /> <br />THIS AGREEMENT made and entered into this 25th day of September, 2008, <br />by and between the SOUTH BAYSIDE SYSTEM AUTHORITY, a public entity in the State of <br />California (SBSA), and the CITY OF REDWOOD CITY, a chartered municipal corporation of the <br />State of California ("City;" collectively, the "Parties"); <br /> <br />RECITALS <br /> <br />WHEREAS, City has undertaken a levee upgrade project to raise the height of the <br />perimeter levees in the Redwood Shores Area of City (Perimeter Levee Project") to meet <br />standards of the United States Army Corps of Engineers for the National Flood Insurance Program <br />of the Federal Emergency Management Agency (FEMA") to protect the Redwood Shores <br />Peninsula, which includes SBSA's lands, from flooding; and <br />WHEREAS, the Perimeter Levee Project is subject to permitting from the United States <br />Army Corps of Engineers, United States Fish and Wildlife Service, California San Francisco Bay <br />Regional Water Quality Control Board, California Department of Fish and Game and the San <br /> <br />II " <br />Francisco Bay Conservation and Development Commission (collectively, Regulatory Agencies); <br />and <br /> <br />WHEREAS, a component of the Perimeter Levee Project, designated by City as Segment <br />III, borders lands of SBSA (Segment III Project); and <br />WHEREAS, as initially approved by the Regulatory Agencies, the Segment III Project <br />would require realignment of the perimeter levee onto SBSA's lands, thereby interfering with and <br />preempting SBSA's use of a portion of its lands for publicly-owned wastewater treatment, <br />recycling and disposal purposes; and <br />WHEREAS, the general location of the Segment III Project is depicted on the map attached <br />hereto as Attachment 1 and incorporated herein by this reference; and <br />WHEREAS, SBSA avers that the existing location of the perimeter levee in the vicinity of <br />SBSA's property optimizes SBSA's usable land and protects SBSA's internal drainage system; and <br />WHEREAS, it is mutually advantageous to the Parties for SBSA to undertake the <br />Segment III Project within the existing alignment of the perimeter levee system, but at City's cost; <br />and <br /> <br />WHEREAS, City's existing permits issued by the Regulatory Agencies do not provide for the <br />levee configuration preferred by SBSA and, therefore, SBSA has agreed to be responsible for <br /> <br />1 <br /> <br />. RC/S!3SALeveeSegIIIAgmntOS0708r <br />