RES 87383 - Laserfiche WebLink

proposal) pending which, if approved, would require them to construct the full four-lane roadway. I. Because of the uncertainty presently existing as to the timing of construction of the Arroyo del Valle to Stanley Boulevard segment of Bernal Avenue, Amador Valley wishes to obligate itself to construct, or have constructed, a minimum two-lane roadway in this segment. J. City wishes to have this segment completed as soon as possible so as to coincide with completion of the Valley Avenue underpass, anticipated to occur in fall, 1987, in order to avoid confusion and congestion along Stanley Boulevard which would be caused without the Bernal Avenue segment's completion. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. In the event the proposed Santa Anita Development project is denied and Messrs. Auf der Maur and Rickenbach do not commit to construct at their expense at least a two-lane roadway by October 1, 1988, Amador Valley agrees to design,finance all or a portion of the construction of, and to construct, the Bernal Avenue segment between the Arroyo del Valley bridge and Stanley Boulevard as at least a two-lane roadway. Said funding and/or construction shall begin as soon as is feasible, but shall not be delayed beyond Spring, 1988, unless City is unable to secure the right-of-way by that time. 2. In the event others wish to participate in constructing said street segment, Amador Valley agrees to cooperate in a joint project to construct the project as either a two-lane or four-lane facility so long as no more than two lanes of said roadway would be financed by Amador Valley. 3. City agrees to use its best efforts to secure the right-of-way for said street segment and to secure the use of improvement plans developed for its installation. City agrees that its best efforts may require use of eminent domain proceedings. City further agrees to expedite improvement plan checking for this project so as to allow its construction as soon as possible. 4. City agrees to use its best efforts to establish a benefit district or a reimbursement agreement for all lands within the area of the Vineyard Avenue moratorium established by City Council Resolution No. 85-130 and the approximately 35 acres of undeveloped property along the street segment owned by Messrs. Auf der Maur and Rickenbach. City agrees that all reasonable costs associated with the project, including any necessary construction drawings, civil and soils engineering, and other non-construction costs, incurred by Amador Valley shall be eligible for reimbursement. 5. Amador Valley agrees to contribute $50.,000 toward the cost of the project in the event it participates in any way in its construction in addition to its prorata share as established - 2 -