ORD 2010 - Laserfiche WebLink

(a) if the City of Livermore is the "Constructing Agency" under the Cost Sharing Agreement, the Cost Sharing Agreement obligates SPA to partially fund the construction of the El Charro Road Improvements. (b) if City is the "Constructing Agency" under the Cost Sharing Agreement instead of the City of Livermore, the Cost Sharing Agreement instead requires SPA to fully fund the El Charro Road Improvements, subject to partial reimbursement from the City of Livermore. If the City is the "Constructing Agency," SPA shall fund the design and construction of the extension of all public utilities, including water, sewer, storm drainage and joint trench improvements, adjacent to the Project Site required for the Staples Ranch Project that are within the El Charro Road right of way. SPA shall have no obligations with regard to the funding or construction of any future improvements relating to El Charro Road other than as set forth in the Cost Sharing Agreement and in this Section 3.07. SPA also shall have no obligation to fund any freeway or freeway interchange improvements as a result of the development of the Project Site. Section 3.08. SPA Off-Site Traffic Improvements Fund and the Maria/Curry Streets Soundwall. With the recordation of the first final map for the Project Site, SPA shall pay to City the SPA Off-Site Traffic Improvements Fund. Prior to the completion of the Stoneridge Drive Extension Improvements, SPA shall construct the Maria/Curry Streets Soundwall. City agrees that the SPA Off-Site Traffic Improvements Fund and the Maria/Curry Streets Soundwalls are SPA's only traffic obligation with regard to traffic improvements that are not part of the Staples Ranch Project or the El Charro Road Improvements. Section 3.09. Public Art. SPA shall fund public art, with a design approved by the City, either at the El Charro Road/I-580 interchange or within the Community Park Site or Neighborhood Park Site, at a cost not to exceed $15,000. ARTICLE 4. OBLIGATIONS OF CITY Section 4.01. Obligations of City Generally. The parties acknowledge and agree that SPA's agreement to perform and abide by its covenants and obligations set forth in this Agreement is a material consideration for City's agreement to perform and abide by the long term covenants and obligations of City, as set forth herein. Section 4.02. Annexation. City shall initiate through the Alameda County Local Formation Commission ("LAFCo"), as soon as practicable after the Effective Date and in accordance with LAFCo rules and regulations, but not before it has approved a vesting tentative subdivision map for the Project Site, an appropriate application for annexation of the Project Site to City. City shall take all necessary steps and use its best efforts to diligently and promptly complete the annexation proceedings. I0