GJN3502 East Bank Bike Path ROW Memo

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Les Lyle Page 2 Apri13, 1998 Due to the anticipated fund transfer, the project team will use normal City standards for preparation of the construction plans, specifications, bidding, etc. Strateev Re arding Alignment and "Amenities Package" to be used for the Final ROW Offer Marist hasn't accepted the City's latest offer of an alignment shift closer to the bank and addition of berming, retaining walls, and landscaping as being responsive to what they perceive their needs to be. Since these proposed additions to the original offer did not result in Marist accepting the City's offer, they are not a benefit to the offer, and it is likely that a jury ruling on this case would not take into account the costs of the additions in determining a final award. Also, the modification to path alignment and cross-section design proposed in the City's latest offer would have a greater impact to trees and floodway, and would be difficult to justify to permitting agencies reviewing the Greenway permit, fill permits, and wetlands permits, when the original alignment can be shown to be feasible. Therefore, the Final Offer to Marist will be the same as the original offer, which included the original alignment and a fence. Russ will write a letter to the Archdiocese. Although if requested by Marist, the City could review and possibly change back to the modified alignment and cross-section, no discussion with Marist will be initiated until after the Court rules on the Constitutional issues raised by Marist. Temporary Access and Construction Easements If temporary access and construction easements are not provided for access and for construction materials storage and construction traffic circulation, the cost of the project will be significantly more than originally estimated. Also, the Contractor will have to use the existing bike path from Owwosso Bridge to the pump station with their associated inconvenience to the Public and potential damage to the existing path.