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CONNECTING TRAIL <br /> CITY OF SAN LEANDRO <br /> PORT OF OAKLAND <br /> PORT OF OAKLAND <br /> AND <br /> CITY OF SAN LEANDRO <br /> REPAIR AND MAINTENANCE AGREEMENT <br /> THIS AGREEMENT is made and entered into this 1L day of INt Qri 1 . 2011, by and <br /> between the CITY OF OAKLAND, a municipal corporation, acting by and through its Board of <br /> Port Commissioners, hereinafter called "Port." and the CITY OF SAN LEANDRO, hereinafter <br /> called "City" (collectively, the "Parties "). <br /> WITNESSETH: <br /> WHEREAS, on May 15, 2007 the Board of Port Commissioners of Port (the "Board ") adopted <br /> Port Ordinance No. 3996, approving and authorizing the execution of a right of entry agreement <br /> and a maintenance and repair agreement with the City for the purpose of constructing and <br /> maintaining a pedestrian and bicycle pathway, in part, on Port property so long as the Port's <br /> responsibility for any share of the trail improvements maintenance and repair shall not be greater <br /> than that proportionate share of the improvements located on the Port's real estate; <br /> WHEREAS, City constructed a pedestrian/bicycle bridge (hereinafter, "Bridge ") spanning the <br /> San Leandro Slough and, from the north abutment, constructed a Connecting Trail linking to the <br /> Pon's existing trail along the southern perimeter of Metropolitan Golf Links; and <br /> WHEREAS, the Connecting Trail was constructed by the City on Port property under the terms <br /> of the "Right -of -Entry and Indemnification Agreement" with a Commencement Date of <br /> October I 2008 (hereinafter, "ROE ") and approved plans; and <br /> WHEREAS, under the terms of the ROE, this Agreement specifies the standards, scope of <br /> maintenance and repair and identifies all necessary joint responsibilities of the Parties for <br /> compliance with regulatory and permitting requirements and conditions applying to the <br /> maintenance and repair of the Connecting Trail. <br /> NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby <br /> acknowledged, the Parties enter into this Agreement upon the following terms and conditions, <br /> and City does hereby agree with Port as follows: <br /> 2 Connecting Trail <br />