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Resolution 13394CITY OF ALAMEDA RESOLUTION NO. 13394 AUTHORIZING EXECUTION OF FIRST AMENDMENT TO MAINTENANCE AGREEMENT BETWEEN PORT OF OAKLAND AND CITY OF ALAMEDA FOR LANDSCAPE MAINTENANCE ON HARBOR BAY PARKWAY WHEREAS, Alameda and the Port entered into that certain Maintenance Agreement dated the 4th day if June, 1985 (the "Maintenance Agreement "), which provides for the Port to contribute a portion of the cost incurred by Alameda for certain maintenance work relating to Harbor Bay Parkway; and WHEREAS, as part of the construction of the Cross - Airport Roadway portion of the Airport Roadway Project, Alameda and the Port have agreed that the Port will construct and maintain certain roadway median landscaping which will benefit Alameda and property owners in Alameda, if in exchange Alameda will execute an agreement which deletes the Port's obligation in the Maintenance Agreement (on file in the office of the City Clerk) to contribute a portion of Alameda's costs for maintenance and irrigation work relating to Harbor Bay Parkway; and WHEREAS, the property owners within Zone 5 of the Island City Landscape and Lighting District 84 -2 did approve, by ballot, an increase in their assessments in order to assume the Port's obligation under the Maintenance Agreement. NOW THEREFORE, the City Council of the City of Alameda hereby authorizes the execution of the first amendment to the Maintenance Agreement. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of September, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of September, 2001. Lara Weisiger, Acting City Clerk City of Alameda