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Eden Road Public Improvement Agreement
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Eden Road Public Improvement Agreement
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9/22/2025 4:52:11 PM
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9/22/2025 4:51:57 PM
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CM City Clerk-City Council
Document Date (6)
3/19/2024
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F. The total cost of the Project is estimated to be approximately $5,000,000. <br />G. Upon completion, the Project will provide benefits to the public and adjacent property <br />owners. <br />H. KK Eden Properties LLC ("Owner") owns parcels 042 4530 001 01, 042 4530 001 02, <br />042 4530 003 02, 042 4530 003 01, and 042 4530 003 03, adjacent to the Project. Applicant is leasing <br />this land from Owner. Applicant is applying to the City for a conditional use permit ("CUP") to use <br />a portion of the land for Applicant's business under application #PLN21-0027. As a condition to <br />obtaining the CUP, City and/or other relevant agencies with regulatory authority have indicated that <br />Applicant develop the Project, for certain valuable consideration, including but not limited to <br />assistance with Applicant's ability to obtain a conditional use permit for its adjacent properties. City <br />is interested in cooperating with Applicant to develop the Project. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing recitals and for other good <br />and valuable consideration the receipt of which is hereby acknowledged, the Parties agree as follows: <br />1. Recitals: The recitals above are true and correct and made a part of this Agreement. <br />2. Term of Agreement: This Agreement is effective following execution by all parties <br />involved and shall remain in effect in perpetuity. The provisions of this agreement shall <br />be applicable to the property and future prospective owners in the event the property <br />were to be sold in the future. <br />3. Respective Parties' Financial Contributions to the Project: <br />a. City's Financial Contributions: City agrees to sell Eden Road to KK Eden Properties <br />LLC (Owner) at the negotiated price of $1.00 (one dollar) as -is, where -is, without <br />warranties or guarantees, including but not limited to suitability for a particular use. <br />Following completion of the deliverables in Section 3.1.1 below, Owner shall sell and <br />convey to City a public utility easement ("PUE") in perpetuity across the entire length <br />of Eden Road, further described in Section 5 of this Agreement. Applicant shall hire a <br />California -licensed land surveyor and shall be responsible for the costs associated with <br />the development and preparation of the plat and legal description for the PUE, while <br />the City of San Leandro shall be responsible for the review and approval of the PUE <br />EDEN ROAD PUBLIC IMPROVEMENTAGREEMENT Page 3 of I I <br />
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