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yards of garbage fill upon said lands of the City of Oakland; and <br />WHEREAS, the Company is willing to grant permission to <br />San Leandro to deposit refuse fill of the volume of approximately <br />83,000 cubic yards upon lands owned by the Company; and <br />WHEREAS, since the Company will be able to expedite the <br />placement of fill upon the said lands of the City of Oakland <br />hereinabove described, the Port is willing to grant to the <br />Company permission to deposit refuse fill of the volume of <br />approximately 83,000 cubic yards upon the said lands; and <br />WHEREAS, the amount of refuse fill referred to herein <br />is merely an approximation and the actual amount thereof shall <br />be precisely determined by actual cross -sections to be taken at <br />the time of the execution of this agreement or at some other <br />date mutually agreeable to all parties hereto; and <br />WHEREAS, by that certain Agreement and Conveyance <br />dated the 31st day of October, 1960, San Leandro agreed to pay <br />all real property taxes assessed upon any real property then <br />owned by the Port and located within the boundaries of <br />San Leandro and upon any real property thereafter acquired by <br />the Port from Trojan Powder Company and located within the <br />boundaries of San Leandro; and <br />WHEREAS, San Leandro has requested the Port to amend <br />said Agreement and Conveyance by eliminating therefrom any <br />reference or requirement as to taxes levied against lands sub- <br />sequently acquired from Trojan Powder Company and the Port is <br />agreeable in part to such amendment; now, therefore, <br />IT IS HEREBY AGREED by and between the parties hereto <br />as follows: <br />1. The permission granted by the Port to San Leandro <br />to deposit garbage fill upon the lands of the City of Oakland <br />hereinabove described shall be and the same is hereby terminated <br />am <br />