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FREEWAY MAINTENANCE <br />AGREEMENT <br />WITH <br />CITY OF SAN LEANDRO <br />04-Ala 880 PM 22.6/24.0 <br />THIS AGREEMENT is made effective this ·3~ day of ~\'\e , 202a by and between <br />the State of California, acting by and through the Department of Transportation, hereinafter <br />referred to as "STA TE" and the City of San Leandro, hereinafter referred to as "CITY" and <br />collectively referred to as "PARTIES". <br />SECTION I <br />RECITALS <br />1. WHEREAS, on the 3rd day of June, 1953, a Freeway Maintenance Agreement was executed <br />between STATE and CITY for Route 880, then known as Route 69, between West Avenue <br />(First A venue Overcrossing) and San Leandro Creek: and <br />2. WHEREAS, on the 24th day of June, 1963, a Freeway Maintenance Agreement was executed <br />between STATE and CITY for the Marina Blvd (First Avenue Overcrossing): and <br />3. WHEREAS, CITY desires to install aesthetic elements to the Route 880/Marina Blvd and <br />Route 880/Davis Street Overcrossings under Project EA 3A9214. This project will also add <br />High Occupancy Vehicle (HOV) lane on southbound Route 880 from 0.4 mile south Marina <br />Blvd Overcrossing to 0.3 mile north of Route 112 (Davis Street)/Route 880 Separation; and <br />4. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing <br />completion, and the PAR TIES hereto mutually desire to clarify and revise the division of <br />maintenance, as defined in section 27 of the California Streets and Highways Code, and their <br />respective responsibilities as to separation structures and local CITY streets and roads, or <br />portions thereof, and landscaped areas lying within or outside those modified freeway limits; <br />and <br />5. WHEREAS, this Agreement, when executed, will supersede Freeway Maintenance Agreement <br />dated June 3rd, 1953 and Freeway Maintenance Agreement dated June 24th, 1963 in their <br />entirety. <br />NOW THEREFORE IT IS AGREED: <br />SECTION II <br />AGREEMENT <br />6. CITY agrees to continue their control and maintenance of each of the affected relocated or <br />reconstructed CITY streets and roads as shown on that plan map attached hereto, marked <br />Exhibit "A'', and made a part hereof by this reference. <br />7. STA TE agrees to continue control and maintenance of those portions adopted as a part of <br />STATE Highway Route (SR) 880 Freeway proper as shown on Exhibit "A".