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<br />2 <br /> <br /> <br /> <br />the Roundabout, and (ii) accept the transfer of the Caltrans Property in accordance with this <br />Agreement. <br /> <br />2. Term of Agreement. This Agreement shall commence on the Effective Date and <br />continue in perpetuity unless terminated by mutual agreement in writing by the Parties. <br /> <br />3. Project Costs. San Leandro will be responsible for one hundred percent (100%) <br />of the cost of design and construction of the Project and the Caltrans Property acquisition costs. <br /> <br />4. San Leandro Acquisition of Caltrans Property. <br /> <br />a. Caltrans staff has informed the Parties the following: The Caltrans <br />Property (i) is currently going through the decertification process; (ii) will be appraised and sold <br />at fair market value to San Leandro; and (iii) will be conveyed by a Director’s Deed (the <br />“Caltrans Property Director’s Deed”), subject to approval by the California Transportation <br />Commission (“CTC”) and the Federal Highway Administration (“FHWA”). <br /> <br />b. Following approval of the sale of the Caltrans Property by the CTC and <br />FHWA, San Leandro, at its cost and expense, shall purchase the Caltrans Property and accept <br />conveyance of the Caltrans Property pursuant to the Caltrans Property Director’s Deed. <br /> <br />5. Design and Construction of the Project. <br /> <br />a. San Leandro has provided to Oakland design drawings in electronic <br />format for review and Oakland has provided design review comments to San Leandro. Once the <br />plans are approved by Oakland staff, Oakland staff will present to the City Council for its <br />consideration a resolution to approve the final construction plans. <br /> <br />b. Oakland staff will process a P-Job permit (“Construction Permit”) and if <br />it meets permit requirements, issue the Construction Permit to San Leandro’s contractor to <br />construct the portions of Project within Oakland’s jurisdiction. As part of the resolution <br />referenced in Section 5(a) above, Oakland staff will seek City Council approval to waive the fee <br />for the Construction Permit. <br /> <br />c. San Leandro, at its cost and expense, shall construct, or cause to be <br />constructed, the Project pursuant to the Construction Permit and all other permits and <br />governmental approvals required for construction of the Project. <br /> <br />6. Conveyance of Caltrans Property to Oakland. Following completion of <br />construction of the Project, San Leandro shall convey the Caltrans Property, at no cost or <br />expense to Oakland, pursuant to a Grant Deed (the “Caltrans Property Grant Deed”) in <br />accordance with California Government Code Section 66428, and Oakland shall accept the <br />Caltrans Property pursuant to the Caltrans Property Grant Deed. <br /> <br />7. Maintenance Obligations. San Leandro, at its cost and expense, shall maintain the <br />improvements comprising the Roundabout, including, but not limited to, sidewalks, paving, <br />pavement striping and markings, street lights, street signage, the retaining wall, and landscaping, <br />located within the area shown on Exhibit C attached hereto (the “Roundabout Maintenance