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16 <br /> <br /> Mr. Helmsley stated no. <br /> <br /> Ms. Mohr asked where the gas station and fast food restaurants <br /> would be located within the freeway right-of-way. <br /> <br /> Mr. Parker stated that there was a restaurant underneath the <br /> Embarcedero Freeway and there were several storage facilities under <br /> the freeways. In rural areas they have had no success in getting <br /> any type of joint use. <br /> <br /> Ms. Mohr asked if this proposal would, within the 250 foot <br /> right-of-way, have commercial ventures. She also asked if this <br /> road would be within a city's jurisdiction and is there something <br /> about the freeway right-of-way that exempts it from any local <br /> design review or zoning issues with respect to commercial <br /> development. She was concerned that the City of Pleasanton would <br /> not be able to have jurisdiction as to what is built along that <br /> area. <br /> <br /> Mr. Helmsley explained that Caltrans cannot condemn land for <br /> commercial purposes. It can only condemn for transportation <br /> purposes. Caltrans has for a long time pursued suitable areas for <br /> leases to try to develop additional revenues for highways. It has <br /> not been successful in doing so because there was always land in <br /> the adjacent areas that was available. It has been successful in <br /> building underneath structures for parking lots, storage spaces <br /> There is nothing on 1-580 at this time, but if someone were to <br /> propose a lease, there would be conditions that the lease would <br /> have to conform to the City or local agency ordinances. In <br /> addition, the local agency would receive in-lieu taxes of 5%-10% <br /> of the leased property and would receive sales taxes. <br /> <br /> Mr. Tarver asked if the taxpayers would be responsible for <br /> paying the debt if the toll road defaulted. <br /> <br /> Mr. Helmsley said that the bond holders would be responsible <br /> for the debt. There would be no liability put on the State. <br /> <br /> Mr. Tarver asked if the Company was responsible to submit a <br /> bond for performance. <br /> <br /> Mr. Helmsley said'that it is not responsible to submit such a <br /> bond to the State because at any point the Company could pull out. <br /> Once construction is started on a project then it would have an <br /> incentive to complete it to get it opened. Once the facility is <br /> constructed it then becomes the State's property and in turn the <br /> State would give the Company a 30-year lease. If the Company could <br /> not recover its funds, the State would still have the highway <br /> <br /> 9/1/9 16 <br /> <br /> <br />