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<br />EDEN ROAD PUBLIC IMPROVEMENT AGREEMENT Page 2 of 11 <br />EDEN ROAD PUBLIC IMPROVEMENT AGREEMENT <br /> <br /> <br /> THIS AGREEMENT, effective ______________, is by and between the CITY OF SAN <br />LEANDRO, a charter city formed under the laws of the State of California, hereinafter referred to as <br />"City," Alco Iron & Metal, a corporation, hereinafter referred to as "Applicant," and KK Eden <br />Properties LLC, a California limited liability company, hereinafter referred to as “Owner,” together the <br />“Parties.” <br /> <br />RECITALS <br /> <br />A. The City administers public rights of way within City limits and maintains street and <br />road improvements within said rights of way. <br />B. Alameda County Assessor’s parcel number 042 4530 005 02, also known as Eden Road, <br />is an unimproved, dirt and gravel strip of land owned in fee by the City and used by the City, the <br />public, and Applicant for roadway purposes. Eden Road is not constructed to modern legally <br />acceptable public road or street standards. <br />C. Eden Road is the subject of a plan line designating the land as a future public road. <br />D. Improvements must be made to Eden Road before it can be deemed in compliance <br />with all relevant statutory and regulatory standards applicable to public roads or streets. <br />E. Plans dated February 2023 were prepared generally showing the location and extent of <br />improvements from the westerly end of the City Parcel (APN 42-4530-5-2) to Doolittle Drive <br />including road and intersection improvements within the Caltrans right-of-way, necessary for the <br />City to designate Eden Road as meeting the standards of a public road or street. The design, <br />permitting, and construction of these improvements as well as the management, and inspection of <br />the work is defined as the “Project.” In addition to the paving of the Road, the project shall also <br />include the design and installation of other ancillary improvements necessary for the road to meet <br />regulatory requirements and passing of inspections, all of which shall be privately designed, installed <br />and maintained, with the exception of the existing main sewer line that will continue to be publicly <br />maintained. Examples of such private improvements include but are not necessarily limited to: street <br />lighting, trash capture devices, pavement, curbs, gutters, sidewalks, storm drain systems, and <br />stormwater treatment facilities.