Agmt09 Keech Properties, LLC - Laserfiche WebLink

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ORIGINAL LICENSE AND INDEMNITY AGREEMENT THIS LIC~SE AND INDEMNITY AGREEMENT (this "Agreement") is entered into effective as of......1 'C'F/QAEiP ~? ,2009, by and between KEECH PROPERTIES, LLC, a California limited liability company ("Licensor), and the CITY OF REDWOOD CITY, a municipal corporation of the State of California ("Licensee"). Recitals A. Licensor is the owner of certain real property located in the City of Redwood City and County of San Mateo, State of California known as "Area H." B. In connection with developing the Property and pursuant to approvals and permits issued by Licensee, Licensor is performing certain wetlands restoration activities on the Property. C. In approximately five (5) or more years following Licensor's completion of the wetlands restoration on the Property, Licensor intends to transfer to the Don Edwards Wildlife Refuge ("DEWR") ,operating under the authority of the U.S. Department ofFish & Wildlife ("USDFG"), a portion of the Property shown as Lot 1 ("Lot 1") as shown on the final subdivision map for "The Preserve at Redwood Shores" recorded August 26, 2008 in Book 136 of Maps at Pages 65~ 72 in the Official Records of San Mateo County the "Map"), and following such transfer, DEWR shall be responsible for the continued maintenance and preservation of the wetlands area on Lot 1. D. Licensee is undertaking certain dredging activities in the Redwood Shores Lagoon, and desires to place the materials generated from the dredging activities ("Dredge Material") in a borrow ditch (the "Ditch") located on the Property. E. Licensee desires the right to enter the Property for the sole purpose of placing Dredge Material in the Ditch, and Licensor is willing to grants limited rights to Licensee for that purpose, on and subj ect to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. Grant of Licenses. Subject to the terms and conditions set forth in this Agreement, and all matters of record affecting the Property as of the date hereof, Licensor hereby grants to Licensee, and Licensee hereby accepts from Licensor: (a) a temporary, non- exclusive license (the "Dredge Material License"), on and over the exterior levee and the Ditch (collectively, the "Dredge Material License Area"), and (b) a temporary, non-exclusive license (the "Staging License"), on and over a portion of the Property shown as Lot 4 on the Map (the "Staging License Area"). 2. Limitation on Use of the Dredsze Material License. The Dredge Material License shall be used solely for placing Dredge Material in the Ditch through a series of pumps, pipes and other equipment (collectively, "Pumping Equipment") running along (but not across) 1