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<br />the permitting and the construction of the Segment III Project at City's cost; and <br />WHEREAS, City is willing to compensate SBSA for construction of the Segment III Project <br />in the existing alignment as preferred by SBSA; and <br />WHEREAS, time is of the essence for completion of the Segment III Project and the <br />Parties agree diligently to pursue their respective duties and obligations hereunder; <br />NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br />1. The foregoing recitals are incorporated herein as true statements of fact. <br />2. City and SBSA agree that SBSA shall act as the Lead Agency under the California <br />Environmental Quality Act ("CEQA;" Pub. Res. C. ~21 000, et seq.) for the Segment III Project and <br />shall be responsible for the preparation of plans, specifications and related documents therefor and <br />for the construction thereof, including administration, inspection, permit application and <br />procurement from applicable Regulatory Agencies and any other agency with jurisdiction over <br />said Project. City hereby acknowledges that SBSA has heretofore commenced the environmental <br />review and has incurred corresponding expenses. <br />3. The Parties acknowledge and agree that Five Hundred Sixty Five Thousand and No One <br />Hundredths Dollars ($565,000.00) (hereinafter, "Expenditure Limitation') is the total amount <br />allocated by City for completing the Segment III Project. The Expenditure Limitation applies to the <br />total of expenditures that may be incurred by SBSA for performing its duties and obligations <br />described in Paragraph 2 hereof. City shall deposit the foregoing amount with SBSA upon <br />execution of this Agreement. <br />4. City shall provide SBSA with all documents prepared by or for City for the Perimeter <br />Levee Project as resource materials for its performance hereunder regarding the Segment III <br />Project. If, as a result of SBSA's environmental review under CEQA, the Segment III Project <br />alignment conforming to the existing levee alignment cannot be mitigated so as to avoid adverse <br />environmental impacts, the Parties shall confer regarding alternative projects that meet SBSA's <br />requirement that use of its property shall not be diminished or otherwise adversely affected by the <br />alignment of the Perimeter Levee Project or Segment III thereof. If, as a result of said conferring the <br />Parties cannot agree upon an alternative project meeting SBSA's criterion, this Agreement shall <br />be terminated; provided, that SBSA shall be compensated from the funds deposited by City <br />pursuant to Paragraph 3 hereof for its expenditures incurred hereunder to the date of termination <br />and SBSA shall refund to City the unencumbered remaining balance of the deposit. Termination <br />in accordance with the foregoing shall be without prejudice to SBSA's right to compensation for <br />any taking of its property by eminent domain, inverse condemnation or any other right accruing to <br />SBSA for use or taking of its property. <br /> <br />2 <br /> <br />RC(SBSALevee.Seg IIIAgmnt050708r <br />