RES 86320 - Laserfiche WebLink

NOW, THEREFORE, in consideration of the faithful performance of the terms, conditions, covenants, and promises set forth herein, the parties agree as follows: 1. Support for Assessment District. Utility agrees not to protest establishment of the District, including the Utility Property. 2. Utility's Financial Share. Utility agrees to waive the right to protest the costs of the Valley Avenue Extension Assessment District and their allocation among various properties as to equitableness and to their compliance with the Dedication if the total assessments on the Utility Property do not exceed Two Hundred Two Thousand Three Hundred Dollars ($202,300.00), for any costs associated with the District at any time except as set forth in paragraphs 4 and 5 below. Utility retains the right to reduce its total assessment by cash payments in the same manner offered to the other participants in the Assessment District. City agrees to pay any such costs assessed to Utility by reason of any such improvements to the extent that said assessments or costs exceed Two Hundred Two Thousand Three Hundred Dollars ($202,300.00) less any cash discount except as set forth in paragraphs 4 and 5 below. 3. Santa Rita Road as Feasible Alternate Route to E1 Charro Route. (a) Utility acknowledges and agrees to be bound by Chapter 11.48 of the Pleasanton Municipal Code (PMC), which prohibits use of City streets by commercial vehicles with a maximum gross weight in excess of sixteen thousand pounds, except as set forth in subparagraphs (b), (c) and (d) below. 4