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1.� v <br />A G R E E M E N T <br />This Agreement made this 2d day of <br />November <br />, 1959, <br />between the City of San Leandro, a municipal corporation of <br />the ST.ate of California, herein called 'City" and Bay -Fair, <br />a California corporation. <br />W I T N E S S E T H: <br />RECITALS: <br />A. Bay -Fair is the owner and operator of a shopping <br />center in San Leandro known as the Bay Fair Shopping Center. <br />B. Bay -Fair in 1957 granted to City an easement for <br />storm drain purposes, which said easement was recorded in <br />Book 8382 at page 105 of Official Records of Alameda County, <br />and constructed therein, at its sole cost and expense, a storm <br />drain for City's use. <br />C. Bay -Fair is now constructing certain additional <br />shopping center improvements which will be located in part over <br />and upon said easement and Bay -Fair is willing to grant to <br />City a storm drain easement to replace in part the easement <br />referred to in Paragraph B nereof, with comparable storm drain <br />facilities located therein if City, upon receipt thereof, will <br />take such steps as may be reasonably required to abandon that <br />part of said old storm drain easement hereinafter described. <br />D. City is willing to take such steps as may be reasonably <br />required to abandon said part of said old storm drain upon <br />acquiring, from Bay -Fair said replacement easement with comparable <br />facilities located therein. <br />Now, Therefore, it is mutually agreed: <br />1. Bay -Fair agrees to grant to City an easement for a <br />storm drain as more particularly described on Exhibit A, attached <br />hereto, and to construct or cause to be constructed therein a <br />