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1 <br />AMENDMENT NO. 2 <br />TO <br />AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS <br />IN THE CITY OF SAN LEANDRO <br />This Amendment No. 2 to the Agreement for Maintenance of State Highways in the <br />City of San Leandro is made and entered into by and between STATE of California, acting by <br />and through the Department of Transportation, hereinafter referred to as “STATE”, and City <br />of San Leandro, hereinafter referred to as “CITY” and collectively referred to as “PARTIES”. <br />WITNESSETH: <br />WHEREAS, an “Agreement for Maintenance of State Highways in the City of San <br />Leandro”, hereinafter referred to as “AGREEMENT”, as provided for in Section 130 of the <br />Streets and Highways Code, was executed by CITY on March 1, 1995, and <br />WHEREAS, on April 21, 2020, an amendment to said Agreement for Maintenance of <br />State Highways was executed by PARTIES, hereinafter referred as “AMENDMENT 1” and <br />WHEREAS, AGREEMENT by its terms provides that it may be amended or <br />terminated at any time upon mutual consent of PARTIES; and <br />WHEREAS, CITY desires to construct by Encroachment Permit No. ____________ <br />the maintenance paths and gates off Timothy Drive and off Davis Street (SR112) to access <br />the city ‘s owned sewer manholes, and <br />WHEREAS, PARTIES hereto now desire that AGREEMENT be amended. <br />NOW, THEREFORE, PARTIES agree to amend AGREEMENT as follows: <br />1.The attached pages dated ___________, EXHIBIT A of the AGREEMENT, pages 1, <br />and 2 shall be substituted for like-numbered pages in AGREEMENT, and shall cancel <br />and supersede such like numbered page, becoming a part of AGREEMENT for all <br />purposes. <br />2.STATE costs and expenses assumed under the terms of this Agreement Amendment, <br />if any, are conditioned upon the passage of the annual State of California Budget by <br />the Legislature, the allocation of funding by the California Transportation <br />Commission as appropriate, and the encumbrance of funding to the District Office of <br />STATE. <br />TERMINATION - This Agreement Amendment may be terminated by timely mutual written <br />consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement <br />may be grounds for a Notice of Termination by STATE. <br />TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the <br />date as shown below and shall remain in full force and effect until amended or terminated at <br />any time upon mutual consent of PARTIES or until terminated by STATE for cause. <br />130