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PERMANENT ENCROACHMENT AGREEMENT <br /> BETWEEN THE CITY OF SAN LEANDRO <br /> AND INNISFREE VENTURES II,LLC <br /> This Agreement ("Agreement") is dated for identification purposes only t <br /> day of December, 2014, by and between the CITY OF SAN LEANDRO (hereinafter term d <br /> "City") and Innisfree Ventures II, LLC, (hereinafter"Developer"). <br /> RECITALS <br /> A. Developer owns that certain parcel of real property (the "Developer Parcel") located at <br /> 1550 East 14th Street, APN: 77 0540 009 and is described in Exhibit A attached hereto. The <br /> Developer Parcel is immediately adjacent to and abuts the Public Right-of-Way used by City as <br /> sidewalk(the"Sidewalk ROW")between Juana Avenue and the Developer Parcel. <br /> B Developer has ground leased the Developer Parcel to Longs Drug Stores California, <br /> L.L.C. (as successor in interest to Garfield Beach CVS, L.L.C.) ("CVS"). CVS has constructed a <br /> building on the Developer Parcel (the"CVS Building"). <br /> C. A portion of the underground footings of the foundation of the CVS Building (the <br /> "Foundation") encroaches into the Sidewalk ROW by approximately seven (7) inches along one <br /> side of the CVS Building (the "Encroachment"). The Encroachment sits entirely below the <br /> surface of the Sidewalk ROW and the remainder of the CVS Building does not encroach into the <br /> Sidewalk ROW. <br /> D. City has the authority to regulate the terms and conditions for the use of the Sidewalk <br /> ROW for the construction and maintenance of private improvements, and will allow the <br /> Encroachment to exist on the terms and conditions set forth in this Agreement. <br /> NOW, THEREFORE, for good and valuable consideration the receipt of which is hereby <br /> acknowledged, and in due respect for the mutual promises contained herein, City and Developer <br /> agree as follows: <br /> TERMS <br /> 1. Recitals. The Recitals above are true and correct and made a part hereof. <br /> 2. Definitions. As used in this Agreement the following terms shall have the meanings <br /> ascribed hereto: <br /> a. City - Means the City of San Leandro, a municipal corporation of the State of <br /> California, and includes the duly elected or appointed officers, agents, employees, and volunteers <br /> of the City of San Leandro, individually or collectively. <br /> 1 <br /> Encroachment Agreement <br />