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by Lessee in the name of Lessor or in the name of Lessee, or <br /> <br />both, as Lessee may deem advisable; .... " <br /> <br /> C. The Valley Avenue Extension Project (the "Project") <br /> <br />as now proposed consists of two public at-grade street crossings <br />of the existing railroad tracks, a grade separation at the WPRR <br />main line, the extension of Valley Avenue to connect with Stanley <br />Boulevard, lowering and widening of Stanley Boulevard and related <br />improvements. <br /> <br /> D. The City plans to form an assessment district to <br /> <br />be called the Valley Avenue Extension Assessment District ("Assessment <br />District") to finance some portion of the cost of the Valley <br />Avenue Extension Project. <br /> <br /> E. A portion of the land to be used for the Valley <br /> <br />Avenue Extension Project is an area of approximately seven acres <br />that was dedicated to the City in approximately 1970 by Utility <br />Vault. <br /> <br /> F. The Street Dedication from Utility to the City <br /> <br />dated April 24, 1970 (the "Dedication") states in relevant part: <br />"By accepting this Street Dedication, City agrees and covenants <br />with Kaiser that at such time as City desires to make public <br />street improvements, including without limitation, street, gutter, <br />sidewalk and other improvements incident to City's use of the <br />property for public street purposes, neither Kaiser nor Utility, <br />nor the successors-in-interest of either of them, shall be liable <br />or obligated to pay for any such improvements." <br /> <br /> <br />