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WHEREAS, construction of the proposed Emergency Access would improve the distribution of vehicular traffic between the Whipple Avenue and Seaport Boulevard/Woodside Road Freeway Interchanges and would improve emergency access to the Bair Island Area; and WHEREAS, the construction of the proposed Emergency Access will most likely require the relocation or reinforcement of a sewer main (the "Sewer Main Project "), the cost of which has not yet been determined with certainty; and WHEREAS, the costs associated with the Sewer Main Project, including but not limited to engineering costs, consultant/professional fees, acquisition of property rights, and relocation and /or reinforcement of the sewer main (the "Relocation Costs ") are presently estimated by the City to be between $600,000 and $1,500,000; and WHEREAS, it has been determined by the City, based upon the traffic studies conducted by City's experts, that Owner's fair share of the Relocation Costs and of the Traffic Mitigation Fee is 17 %; and WHEREAS, City approved a Planned Development Permit and Tentative Map relating to the Project on November 4, 1997 (the "Project Approvals ") which provides in part that "The project proponents shall agree to participate in and not object to the imposition of Traffic Mitigation Fees, Corridor Assessment District Fees, Citywide or Areawide Traffic Impact Fees, or a combination of such fees that corresponds to proportional share of the project's traffic impacts and which fees will be used to fund roadway improvements, including but not limited to, the R'sharedlRedwoodlCounciA 3 Reso -802 FXS:fs 13836 01/05/00