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<br />s1> Jô <br /> <br />WHEREAS, construction of the proposed Emergency Access would <br /> <br />improve the distribution of vehicular traffic between the Whipple Avenue and <br /> <br />Seaport Boulevard/Woodside Road Freeway Interchanges and would Improve <br /> <br />emergency access to the Bair Island Area; and <br /> <br />WHEREAS, the construction of the proposed Emergency Access will <br /> <br />most likely require the relocation or reinforcement of a sewer main (the "Sewer <br /> <br />Main Project"), the cost of which has not yet been determined with certainty; and <br /> <br />WHEREAS, the costs associated with the Sewer Main Project, including <br /> <br />but not limited to engineering costs, consultant/professional fees, acquisition of <br /> <br />property rights, and relocation and/or reinforcement of the sewer main (the <br /> <br />"Relocation Costs") are presently estimated by the City to be between $600,000 <br /> <br />and $1,500,000; and <br /> <br />WHEREAS, it has been determined by the City, based upon the traffic <br /> <br />studies conducted by City's experts and the City's current expectations as to the <br /> <br />properties that will contribute to the relocation costs and the Traffic Mitigation <br /> <br />Fee, that Owner's fair share of the Relocation Costs and of the Traffic Mitigation <br /> <br />Fee is 17%; and <br /> <br />WHEREAS, City approved a Planned Development Permit and Tentative <br /> <br />Map relating to the Project on November 4, 1997 (the "Project Approvals") which <br /> <br />provides in part that "The project proponents shall agree to participate in and not <br /> <br />object to the imposition of Traffic Mitigation Fees, Corridor Assessment District <br /> <br />Fees, Citywide or Areawide Traffic Impact Fees, or a combination of such fees <br /> <br />f/sh/sh/RC/council <br />AGMT-232 <br />02/08/00 <br />9:21 AM <br />FXS/fs/ <br /> <br />4 <br /> <br />'~"-""-"1r <br />