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<br /> <br /> <br />ACQUISITION AND MAINTENANCE AGREEMENT <br />(MacArthur Blvd/Superior Ave/Foothill Blvd Roundabout Project) <br /> <br />THIS ACQUISITION AND MAINTENANCE AGREEMENT (MacArthur Blvd/ <br />Superior Ave/Foothill Blvd Roundabout Project) (this “Agreement”), dated as of <br /> , 20 (“Effective Date”), is entered into by and between the CITY OF SAN <br />LEANDRO, a municipal corporation (“San Leandro”) and the CITY OF OAKLAND, a <br />municipal corporation (“Oakland”) (each individually a “Party” and collectively, the <br />“Parties”). <br /> <br />RECITALS <br /> <br />This Agreement is entered into upon the basis of the following facts, understandings and <br />intentions of San Leandro and Oakland: <br /> <br />A. San Leandro and Oakland are public agencies that share the common desire and <br />interest to have a roundabout constructed at the intersection of MacArthur Boulevard, Superior <br />Avenue, and Foothill Boulevard (the “Project” (and after construction of the Project is complete, <br />the “Roundabout”)) to improve the Level of Service, reduce traffic speeds, and make the <br />intersection safer for all modes of transportation. <br /> <br />B. The Project footprint includes certain real property located within the Oakland <br />and San Leandro jurisdictions as shown on the depiction attached hereto as Exhibit A, as well as <br />a California Department of Transportation (“Caltrans”) right-of-way within the Oakland city <br />limits depicted in green on Exhibit A and as more particularly described on the plat attached <br />hereto as Exhibit B attached hereto (the “Caltrans Property”). <br /> <br />C. San Leandro has, or will obtain, funds to construct the Project and is currently <br />undergoing the right-of-way decertification process with Caltrans in order to acquire the Caltrans <br />Property to facilitate construction of the Project with the understanding that the Caltrans Property <br />will ultimately be transferred to Oakland. <br /> <br />D. Oakland is not interested in acquiring the Caltrans Property declared excess by <br />Caltrans pursuant to its right-of-way decertification process until after San Leandro acquires the <br />Caltrans Property from Caltrans and San Leandro constructs the Project. <br /> <br />E. The Parties desire to enter into an agreement regarding the acquisition and <br />transfer of the Caltrans Property, construction of the Project, and maintenance of the <br />Roundabout. <br /> <br />NOW, THEREFORE, in consideration of the terms, covenants, conditions and <br />agreements set forth herein, the Parties agree as follows: <br /> <br />1. Purpose. The purpose of this Agreement is to memorialize (a) San Leandro’s <br />agreement (i) to acquire the Caltrans Property from Caltrans, (ii) design and construct the <br />Project, (ii) transfer the Caltrans Property to Oakland, and (iii) to maintain the Roundabout, and <br />(b) Oakland’s agreement to (i) permit access for construction of the Project and maintenance of <br />1