Capacity Enhancements. (1) The Tribe and the County will jointly exercise their best efforts to ensure that the capacity enhancements to State Route 16 necessitated by the Casino Expansion and Hotel Project are funded by the State or federal governments so that no segment(s) or intersection(s) of State Route 16 between Woodland and Xxxxxx falls below LOS “D” standards provided that nothing herein requires the County to pursue funding for State Route 16 capacity enhancements that would have an adverse impact on funding for traffic-related improvements elsewhere in Yolo County. As part of this process, it is the parties’ expectations that the State and the Tribe will establish the Tribe’s fair share contribution to the cost of these enhancements and the State’s obligation to fund or obtain funding to pay the remaining cost of these enhancements.
(2) The County and the Tribe each agree to work in good faith and use their best efforts to jointly seek State or federal government funding to complete the construction of these enhancements in a time frame that is reasonably consistent with the Tribe’s timetable for completion of the construction of the Casino Expansion and Hotel Project and the date that any segment(s) or intersection(s) of Xxxxx Xxxxx 00 is projected to fall below LOS “D” standards.
(3) Notwithstanding the above, if the capacity enhancements are not funded by the State or federal governments or fully or timely implemented, then the Tribe and the County will negotiate in good faith to develop and to timely implement a plan acceptable to the parties that will fully fund the remaining cost of these capacity enhancements, or other improvements identified during the CEQA process conducted at that time, to ensure that no segment or intersection of State Route 16 from Woodland to Xxxxxx falls below LOS “D” standards.
(4) To determine the Level of Service for one or more segments or intersections of State Route 16, pursuant to any plan established under subsection (b)(3) above, the parties will mutually select and retain an independent, licensed traffic engineer. This traffic engineer will, to the extent reasonably possible, advise the County and the Tribe whether there are any sources of any traffic increases other than the Tribe’s Casino Expansion and Hotel Project. If so, to the extent legally permitted, the County agrees to utilize its best efforts to obtain a fair share contribution from the other identified source(s). The parties will equally share the cost of retaining ...
