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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2013-045 <br /> RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE <br /> TWO AGREEMENTS WITH THE SAN LEANDRO CHAMBER OF COMMERCE: <br /> 1)A PROPERTY EXCHANGE AND INDEMNITY AGREEMENT WITH ONE RIGHT OF <br /> FIRST OFFER FOR THE CITY'S OFFICE SPACE LOCATED AT 120 ESTUDILLO <br /> AVENUE IN THE NEW DOWNTOWN PARKING GARAGE IN EXCHANGE FOR THE <br /> CHAMBER'S PARCEL AT 262 DAVIS STREET AND 2) A RECIPROCAL EASEMENT <br /> AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND <br /> RESTRICTIONS FOR THE OFFICE SPACE LOCATED AT 120 ESTUDILLO AVENUE IN <br /> THE NEW DOWNTOWN PARKING GARAGE <br /> WHEREAS, in 2008 the City of San Leandro Redevelopment Agency and the San Leandro <br /> Chamber of Commerce negotiated a lease,with an option to purchase, of the Chamber of <br /> Commerce property located at 262 Davis Street; and <br /> WHEREAS,part of that agreement included the construction by the City of office space <br /> inside a new downtown parking garage that would be exchanged for the San Leandro Chamber of <br /> Commerce property at 262 Davis Street; and <br /> WHEREAS,now before the City Council for review and approval are agreements <br /> substantially in the forms attached to effect the property exchange of the downtown parking garage <br /> office space from the City to the Chamber, and the transfer of 262 Davis Street from the Chamber <br /> to the City, as well as title to an office parcel within the new downtown parking garage with <br /> ingress/egress,parking,trash, communications, and HVAC amenities, and shared responsibility <br /> for certain aspects of upkeep through a reciprocal easement and a declaration of covenants, <br /> conditions, and restrictions for the use and upkeep of the garage office space. <br /> NOW,THEREFORE,the City Council of the City of San Leandro does RESOLVE as <br /> follows: <br /> 1. The Property Exchange and Indemnity Agreement with One and Only Right of <br /> First Offer is approved, and the City Manager is authorized to execute, subject to approval as to <br /> form by the City Attorney,the Property Exchange and Indemnity Agreement with One and Only <br /> Right of First Offer to the City for the City's office space located at 120 Estudillo Avenue in the <br /> new downtown parking garage in exchange for the Chamber of Commerce's property at 262 Davis <br /> Street; and <br /> 2. The Declaration of Reciprocal Easements and Covenants, Conditions,and <br /> Restrictions are approved,and the City Manager is authorized to execute, subject to approval as to <br /> form by the City Attorney,the reciprocal easements agreement and declaration of covenants, <br /> conditions,and restrictions for the office space located at 120 Estudillo Avenue. <br />