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.: <br /> <br />· ': .. , 86 135386 <br /> <br /> · C. The Valley Avenue Extension Project as now proposed con- <br /> sists of two public at-grade street crossings of the existing <br /> railroad tracks, a grade separation at the WPRR main line, the <br /> extension of Valley Avenue to connect with Stanley Boulevard, <br /> lowering and widening of Stanley Boulevard and related improve- <br /> ments (see Exhibit A attached). <br /> <br /> D. The City plans to form an assessment district to be <br /> called the Valley Avenue Extension Assessment District ("Assess- <br /> ment District") to finance some portion of the cost of the Valley <br /> Avenue Extension Project. <br /> <br /> E. There is a dispute between the parties as to the extent <br /> of special benefit, if any, which will accrue to Kaiser as a <br /> result of the Valley Avenue Extension Project. <br /> <br /> F. Both Kaiser and the City desire that a portion of the <br /> Kaiser contribution to the Valley Avenue Extension Assessment <br /> District be in-kind contributions, specifically the closure of a <br /> private railroad crossing in the vicinity and provision for truck <br /> traffic from certain qualifying properties within the Assessment <br /> District to use the E1 Charro Route. These contributions present <br /> difficult valuation problems and it is in the mutual interest of <br /> the City and Kaiser to resolve those concerns so that planning <br /> for the Assessment District can proceed. <br /> <br /> NOW, THEREFORE, in consideration of the faithful performance <br /> of the terms, conditions, covenants and promises set forth <br /> herein, the parties hereto agree as follows: <br /> <br /> - 2 - <br /> <br /> <br />