Agmt 21 San Mateo County Soil Importation

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ATTY/AGR.2021.303/SOIL IMPORTATION AGREEMENT – CITY COUNTY REV: 11-24-21 VR Page 1 of 10 SOIL IMPORTATION AGREEMENT (City Parcel) This SOIL IMPORTATION AGREEMENT (this “License”) is dated for convenience _____________, 2021 to be effective as of the Effective Date (defined below), by and between CITY OF REDWOOD CITY, a charter city and municipal corporation, as licensor (“Owner” or “City”) and COUNTY OF SAN MATEO, a political subdivision of the State of California, as licensee (“County”). RECITALS A. 1548 Maple LLC, a Delaware limited liability company (“Developer”) and City are parties to that certain development agreement dated August 3, 2018, recorded in the Official Records of the County of San Mateo (“County”) as Instrument No. 2018-088890, as amended (“Development Agreement”), with respect to development of a 131-unit townhome project (“Project”) on the approximately 7.88 acre property at 1548 Maple Street, Redwood City, California (“Project Site”). B. The Development Agreement provides, among other things, for Developer to construct, at its expense, three segments of an extension of Blomquist Street from Maple Street to Redwood Creek (“Blomquist Extension”) identified as the “Blomquist-City Segment,” “Blomquist-County Segment” and “Blomquist-Developer Segment”, with the Blomquist- County Segment and Blomquist-Developer Segment construction obligations, subject to City’s ability to acquire from County necessary right-of-way over the County Property (defined below) (“Blomquist County Right-of-Way”). C. City and County have entered into an agreement dated September 30, 2021 (as amended from time to time, the “Exchange Agreement”), by which (a) City has agreed to convey to County approximately 2.52 acres of undeveloped property (“City Parcel”), being a portion of a larger approximately 4.56-acre City-owned property, APN 052-398-010 (“City Property”), in exchange for the County’s agreement to transfer to City a fee interest in that certain approximately 2.00 acre County-owned property at 1580 Maple Street, including buildings and improvements thereon, which includes the Blomquist County Right-of-Way, APN 052-532-020 (“County Property”). Following closing of the exchange transaction (“Exchange Closing”), City will retain ownership of the remaining approximately 2.04-acre portion of the City Property (“City Remainder”), and the County will develop on the City Parcel a shelter and support facility for persons experiencing homelessness (“Navigation Center”). The relative locations of the City Parcel and City Remainder on the City Property are set forth on Exhibit A hereto. D. In order to develop the Project on the Project Site, Developer will need to off-haul and dispose of excess soil from the Project Site. In order to develop the Navigation Center on the City Property, County will need to import clean fill to raise the elevation of the City Parcel. To facilitate achievement of both of those goals, (i) County, pursuant to a separate agreement with Developer, has obtained rights to off-haul excess soil from the Project Site, (ii) County desires to obtain rights to enter upon the City Parcel and deposit of excess clean soil from the Project Site, and (iii) City desires to allow County to perform the matters referenced in (ii) above subject to all of the terms and conditions of this License, including requirements for grading and compaction of the imported clean fill per grading plans approved by City and County. November 24