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public ownership between the issuance of the Engineer's Report <br /> and the formation of the Assessment District, the BART parcel was <br /> not subjected to a lien of assessment. <br /> <br /> W~EREAS, although participation in the NPID No. 3 or <br />payment of equivalent sums to the NPID No. 3 projects cannot <br />create commercial/residential development rights in the payor, <br />the City acknowledges that payment by BART under this agreement <br />shall constitute among other things mitigation of the cumulative <br />effects of potential future commercial/residential development to <br />the same degree as other properties which participate in NPID No. <br />3; and <br /> <br /> NOW, THEREFORE, BE IT RESOLVED That the City and BART <br />agree to the following: <br /> <br /> 1. BART agrees to pay and City agrees to accept the sum <br />of $498,650 as payment in full by BART for the NPID No. 3 <br />improvements identified in Exhibit B. BART shall make one lump <br />sum payment of $498,650 to the City for use on NPID No. 3 <br />projects identified in Exhibit B within 60 days of BART's written <br />approval of Caltrans' Geometric Approval Drawings for <br />improvements identified in Exhibit B. <br /> <br /> 2. The City warrants to BART that the assessment of <br />Stoneridge 'Corporate Center I was not and will not be increased <br />to recapture the assessments which would have become a lien upon <br />the BART parcel pursuant to the April 15, 1987 Engineer's <br />Report. The City will provide necessary supporting data should <br />Stoneridge Corporate Center attempt to collect any sums pursuant <br />to paragraph 2D of that agreement with Stoneridge Corporate <br />Center I dated April 13, 1987, a copy of which paragraph is <br />attached hereto as Exhibit A. <br /> <br /> -2- <br /> <br /> <br />