AgdaPkt 2008-07-28 Clsd and Reg - Laserfiche WebLink

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6.1E Page 5 levee configuration preferred by SBSA and, therefore, SBSA has agreed to be responsible for the permitting and the construction of the Segment III Project at City's cost; and WHEREAS, City is willing to compensate SBSA for construction of the Segment III Project in the existing alignment as preferred by SBSA; and WHEREAS, time is of the essence for completion of the Segment III Project and the Parties agree diligently to pursue their respective duties and obligations hereunder; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1, The foregoing recitals are incorporated herein as true statements of fact. 2. City and SBSA agree that SBSA shall act as the Lead Agency under the California Environmental Quality Act ("CEQA;" Pub. Res. C. 921000, et seq.) for the Segment III Project and shall be responsible for the preparation of plans, specifications and related documents therefor and for the construction thereof, including administration, inspection, permit application and procurement from applicable Regulatory Agencies and any other agency with jurisdiction over said Project. City hereby acknowledges that SBSA has heretofore commenced the environmental review and has incurred corresponding expenses. 3. The Parties acknowledge and agree that Five Hundred Sixty Five Thousand and No One Hundredths Dollars ($565,000.00) (hereinafter, "Expenditure Limitation') is the total amount allocated by City for completing the Segment III Project. The Expenditure Limitation applies to the total of expenditures that may be incurred by SBSA for performing its duties and obligations .... ... ... ..... describedlnParagraph 2 hereoL City shalldeposittheuforegoi ngamountwithSBSAupon.. execution of this Agreement. 4. City shaH provide SBSA with all documents prepared by or for City for the Perimeter Levee Project as resource materials for its performance hereunder regarding the Segment III Project. If, as a result of SBSA's environmental review under CEQA, the Segment III Project alignment conforming to the existing levee alignment cannot be mitigated so as to avoid adverse environmental impacts, the Parties shall confer regarding alternative projects that meet SBSA's requirement that use of its property shall not be diminished or otherwise adversely affected by the alignment of the Perimeter Levee Project or Segment III thereof. If, as a result of said conferring the Parties cannot agree upon an alternative project meeting SBSA's criterion, this Agreement shall be terminated; provided, that SBSA shall be compensated from the funds deposited by City pursuant to Paragraph 3 hereof for its expenditures incurred hereunder to the date of termination and SBSA shall refund to City the unencumbered remaining balance of the deposit. Termination in accordance with the foregoing shall be without prejudice to SBSA's right to compensation for 2 A TTY/AGR/2008,26 RC_SBSALeveeSeglI1K050708 (5) 072208