RES 81149 - Laserfiche WebLink

which is to be developed pursuant to the agreement attached as Exhibit "B". City further agrees to allocate additional capacity, not to exceed 50,000 GPD, from the 500,000 GPD of "additional sewer capacity" in the event capacity allocated to Willow West Properties or Tract 4326 is returned to the City for redistribution; or up to 20% of (not to exceed 50,000 GPD) any "windfall" capacity increases which are acquired by the City within the ten (10) years following execution of this agreement, whichever becomes available first; provided, however, that the aggregate total allocation to Fromm under this agreement shall not exceed 187,000 GPD. The basic allocation of 137,000 GPD shall be reduced by the amount of capacity that may be obtained by Fromm pursuant to paragraph 2.6 (Other Capacity) below. 1.2 Condemnation Power and Acquisition of Rights-of-Way. In the event Frormn cannot obtain agreement from the City of San Francisco and the County of Alameda for the land necessary for Valley Avenue, streets connecting thereto and the bridging structure across Arroyo Del Valle, the City shall utilize such measures, including condemnation, as may be required to obtain rights-of-way for said improvements. The City agrees to pay $7,500 towards the cost of acquiring such rights-of-way from the City of San Francisco or the County of Alameda or one-half of those costs, whichever is less. 1.3 Assessment District. The City agrees to cooperate in the formation of an Assessment District to pay for the cost of all subdivision improvements pursuant to the 1915 Act or such other method approved by the City. The process of forming the -3-