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<br />80-231305 <br /> <br />Avenue Extension and completes a vital link in the City's General <br />Plan Circulation System, Contribution of this important link in <br />the City's circulation system presents a difficult valuation <br />problem in relation to the Valley Avenue Extension Assessment <br />District and the timing of completion of the Bernal Avenue Exten- <br />sion is also of importance to both Landowner and City, Thus, it <br />is in the mutual interest of both the City and Landowner to <br />resolve the valuation and timing questions so that planning for <br />the Valley Avenue Extension Assessment District can proceed. <br /> <br />NOW, THEREFORE, in consideration of the faithful performance <br /> <br />of the terms, conditions, <br /> <br />covenants and promises set forth <br /> <br />herein, the parties hereto agree as follows: <br /> <br />1. <br /> <br />Support for Assessment District. <br /> <br />Landowner agrees to <br /> <br />either (1) not protest establishment of the Assessment District <br /> <br /> <br />including the Auf der Maur property or (2) affirmatively vote for <br /> <br />creation of the Assessment District by signing a petition <br /> <br />requesting the City to form the Assessment District. <br /> <br />r <br /> <br />2. <br /> <br />Landowner's Financial Share. <br /> <br />Landowner agrees to waive <br /> <br />the right to protest the costs of the Valley Avenue Extension <br /> <br />Assessment District and their allocation among various properties <br />as to equitableness if assessments on the Auf der Maur property <br /> <br />do not exceed Three Hundred Seventeen Thousand Four Hundred For- <br /> <br />ty-One Dollars ($317,441.00). <br /> <br />ci ty agrees to pay Landowner's <br /> <br />assessments to the extent that the levied assessments exceed <br /> <br />Three Hundred Seventeen Thousand Four Hundred Forty-One Dollars <br /> <br />($317,441.00). No other property now owned by Landowner shall be <br /> <br />- 3 - <br />