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1. Support for Assessment District. Kaiser agrees not to <br />protest establishment of the District including the Kaiser <br />Property. <br /> <br /> 2. Kaiser's Financial Share. Kaiser agrees to waive the <br />right to protest the costs of the Valley Avenue Extension Assess- <br />ment District and their allocation among various properties as to <br />equitableness if Cash Assessments on the Kaiser~ Property do not <br />exceed Four Hundred Thousand Dollars ($400,000.00). City agrees <br />to pay Kaiser assessments to the extent that the Cash Assessments <br />exceed Four Hundred Thousand Dollars ($400,000.00). No other <br />property owned by Kaiser as of the date of this Agreement shall <br />be included in the Assessment District. "Cash Assessments" for <br />purposes of this limitation shall include costs associated with <br />formation of the Assessment District but shall not include those <br />costs which are not charged in the event Kaiser elects not to pay <br />cash during the thirty day cash payment period (e.g. interest, <br />bond reserve, bond discount, etc.), and shall not include credit <br />assigned for value for closure of the Kaiser Private Crossing or <br />the value of licenses granted pursuant to Paragraph 4. <br /> <br /> 3. Closure of Kaiser Private Crossing. <br /> <br /> a. Location of Crossing. Kaiser owns and uses a pri- <br />vate railroad crossing in the vicinity of the Project. The <br />"Kaiser Private Crossing" connects the Kaiser property to Stanley <br />Boulevard and is located at approximately MP D-42.2 and MP <br />B0-67.3 of SPTCo and MP 42.9 WPRR. <br /> <br /> - 3 - <br /> <br /> <br />