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I <br /> • sfer the designated funds to the entity identified for expenditure of the funds. The ounty <br /> sh. provide an annual written report to the Livermore and Pleasanton City Council• and the <br /> Bo. • on the previous year's expenditures from the Accounts. <br /> 7.3. The fees accrued by the County shall be allocated to the • ccounts in the <br /> ' following mil ter: <br /> 7.3.1. All of the fees collected under the Amend: Use Permit pursuant <br /> to the provision set • hat Condition No. 18.1 of Exhibit"A,"and on alf(1/2)of the fees <br /> collected under the A -nded Use Permit pursuant to the provision s orth at Condition No. <br /> 18.2 of Exhibit"A," sha c allocated to the Open Space Account .r expenditure on open space <br /> acquisition(in fee or perm. 'ent easement) in the following areas- 1) eighty percent(80%) in the <br /> eastern area, as depicted in ibit"C" attached hereto,of whi no more than one-third(1/3)of <br /> such funds may be expended i he area within the Livermor ounty joint North Livermore <br /> Planning Area; and(20) twenty . •rcent(20%)in the wester area, as depicted in Exhibit"C." <br /> 7.3.2. One- • rth(1/4) of the fe'. collected under the Amended Use <br /> Permit pursuant to the provision set fo at Conditio o. 18.2 of Exhibit "A"attached hereto <br /> shall be allocated to the Host Communi Impact • •unt for expenditure on improvements and <br /> programs to benefit City of Livermore re tents . • the surrounding community. <br /> 7.3.3. One-fourth (1/'• of the fees collected under the Amended Use <br /> Permit pursuant to the provision set forth a o •ition No. 18.2 of Exhibit"A" attached hereto <br /> shall be allocated to the Education Acco t fore •enditure on recycling and diversion education <br /> ■ programs and job training in the field • waste dive on and recycling. '1•wo cents ($0.02)of <br /> every twenty-five cents ($0.25)that •. deposited into i Education Account, up to a maximum <br /> of one hundred thousand dollars '' 00,000), shall be ea ••arked by the Advisory Board <br /> described in Subsection 7.6.1 t• itigate the impacts of th. • LRRF operations on the affected <br /> neighboring community. To e extent that expenditures fro • this fund are made, it shall be <br /> replenished up to the maxi. nt of one hundred thousand doll. ($100,000) by the earmarking <br /> of two cents ($0.02)of e •ry twenty-five cents($0.25)deposed 1 o the Education Account. <br /> Any money remainin: the earmarked fund at the end of the AL t' Expansion shall be <br /> released and may b• xpended for the general purposes of the Educat •n Account. <br /> 7.3.4. In the event that(i)a final,non-appealable dgment determines <br /> that the fees i• •osed by the Amended Use Permit(pursuant to Conditions 11. 18.1 and 18.2 of <br /> Exhibit"A" .ttached hereto), or any portion thereof, cannot be lawfully impo d, collected <br /> and/or ex, nded for the purposes set forth in Subsections 7.3 through 7.6 of On • greement, and <br /> 111 (ii) all . .ilable means to lawfully impose,collect, and expend said fees for the . going <br /> purpo •s have been exhausted,then the portion of said fees which cannot he lawfu imposed, <br /> col - ted, and/or expended for the foregoing purposes shall instead be imposed, coil- ed and <br /> ' e. •ended for acquisition of open space in fee or permanent easement in the vicinity of •e <br /> L,RRF. <br /> 7.4. Expenditures from the Open Space Account shall he made as follows: <br /> 7.4.1. The County shall convene an Advisory Committee consisting of <br /> the following members: one(1) member appointed by the Board,one (1) member appointed by <br /> ' 14 Final Attamont Settlement Agreement <br />