RES 18-999 - Laserfiche WebLink

to have been received by City until City is able to confirm the amount of City's actual receipt thereof from the State Board of Equalization. (kk) "Stoneridge Drive and 1-680 Project" is defined in Recital E. (ll) "Stoneridge Drive and I-680 Project Right of Way"mean the land or other interests needed to be acquired to allow for the construction of the right of way for the Stoneridge Drive and 1-680 Project Right of Way. (mm) "Term" is defined in Section 2.2. (tin) "Traffic Development Fee"means that fee imposed on new development pursuant to Chapter 3.26 of the Pleasanton Municipal Code. ARTICLE 2. EFFECTIVE DATE AND TERM Section 2.1 Effective Date. This Agreement shall take effect the later of: (a)the date this Agreement is signed by both Parties; (b) the date when all of the JDEDZ Approvals are effective and(c) the date of the enactment of JDEDZ Transportation Fee (the "Effective Date"). Section 2.2 Term. The term of this Agreement begins on the Effective Date and ends the soonest of: (a)the date that the City reimburses Costco the Costco Reimbursement Amount; (b)the first November 1st, following the end of the twenty-fifth(25th) Fiscal Year following the Opening of the Costco Store, subject to a year-for-year tolling in the event of a Force Majeure Event; and (c)termination pursuant to the provisions of this Agreement (the"Term"). ARTICLE 3. DESIGN AND CONSTRUCTION OF THE PROJECT IMPROVEMENTS Section 3.1 Design of Project Improvements. Costco shall be responsible for the final design of the Project Improvements. Costco shall retain a licensed,qualified engineering firm or other qualified professional firm specializing in the relevant field to complete improvement plans and specifications for the Project Improvements. Such improvement plans and specifications shall be periodically submitted to the City Engineer for review and approval and must meet the City standards for the design and specifications of street improvements within the City of Pleasanton. Each of Costco's contracts for the design of the Project Improvements shall contain a provision allowing Costco to assign the contract and work product to the City. If Costco proposes to make any material design changes to the approved improvement plans and specifications following commencement of construction on the Project Improvements,Costco shall obtain the City Engineer's prior written approval prior to implementing the proposed design changes. Section 3.2 Final Cost Estimate. Upon the approval of the improvement plans and specifications for the Project Improvements by the City Engineer, Costco shall submit to the City Engineer for the City Engineer's review and approval a Final Cost Estimate for each of'the JDEDZ Street Improvements and Stoneridge Drive and 1-680 Project ("Final Cost Estimate"). The Final Cost Estimate shall be in sufficient detail to enable the City Engineer to analyze the 6 131001\2218870.8 2/7'2018