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Human Resources Department retained <br />the original agreement. March 1, 2004 <br />This Trust Agreement is made and entered into as of the lst day of March, 2004, by <br />and among the City of San Leandro, (hereinafter referred to as the "Employer") and Investors Bank <br />& Trust Company ("IBT") (hereinafter referred to as the "Trustee"). <br />The Employer established the City of San Leandro Deferred Compensation Plan <br />(the "Plan"), a plan under Section 457 of the Internal Revenue Code. Pursuant to Section 1448 of <br />the Small Business Job Protection Act of 1996 (the "Act") Section 457 plans are required to <br />establish a trust to hold the assets of such plans for the exclusive benefit of participants and their <br />beneficiaries. Accordingly, this Trust is hereby established as of March 1, 2004 for the exclusive <br />benefit of Plan Participants and their Beneficiaries. <br />ARTICLE I <br />NAME OF TRUST <br />1.1 This Trust shall be known as the "City of San Leandro Plan Trust <br />Agreement." <br />ARTICLE II <br />DEFINITIONS <br />2.1 Any term used in this Trust Agreement which is not otherwise defined <br />herein shall have the meaning set forth in the Plan. <br />2.2 "Investment Manager" shall have the meaning given such term under <br />Section 3(38) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") <br />4S7 Pans (Rnv. 1104) <br />