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to have been received by City until City is able to confirm the amount of City's actual receipt <br />thereof from the State Board of Equalization. <br />(kk) "Stoneridge Drive and I-680 Project" is defined in Recital E. <br />(II) "Stoneridge Drive and I-680 Project Right of Way" mean the land or other <br />interests needed to be acquired to allow for the construction of the right of way for the <br />Stoneridge Drive and 1-680 Project Right of Way. <br />(mm) "Term" is defined in Section 2.2. <br />(nn) "Traffic Development Fee" means that fee imposed on new development <br />pursuant to Chapter 3.26 of the Pleasanton Municipal Code. <br />ARTICLE 2. <br />EFFECTIVE DATE AND TERM <br />Section 2.1 Effective Dale. This Agreement shall take effect the later of. (a) the date <br />this Agreement is signed by both Parties; (b) the date when all of the JDEDZ Approvals are <br />effective and (e) the date of the enactment of JDEDZ Transportation Fee (the "Effective Date"). <br />Section 2.2 Terni. The term of this Agreement begins on the Effective Date and ends <br />the soonest of. (a) the date that the City reimburses Costco the Costco Reimbursement Amount; <br />(b) the first November 1st, following the end of the twenty-fifth (25th) Fiscal Year following the <br />Opening of the Costco Store, subject to a year -for -year tolling in the event of a Force Majeurc <br />Event; and (c) termination pursuant to the provisions of this Agreement (the "Term"). <br />ARTICLE 3. <br />DESIGN AND CONSTRUCTION OF THE PROJECT IMPROVEMENTS <br />Section 3.1 Design of Prosect Improvements. Costco shall be responsible for the final <br />design of the Project Improvements. Costco shall retain a licensed, qualified engineering Finn or <br />other qualified professional firm specializing in the relevant field to complete improvement plans <br />and specifications for the Project Improvements. Such improvement plans and specifications <br />shall be periodically submitted to the City Engineer for review and approval and must meet the <br />City standards for the design and specifications of street improvements within the City of <br />Pleasanton. Each ofCostco's contracts for the design of the Project Improvements shall contain <br />a provision allowing Costco to assign the contract and work product to the City. If Costco <br />proposes to make any material design changes to the approved improvement plans and <br />specifications following commencement of construction on the Project Improvements, Costco <br />shall obtain the City Engineer's prior written approval prior to implementing the proposed design <br />changes. <br />Section 3.2 final Cost Estimate. Upon the approval of the improvement plans and <br />specifications for the Project Improvements by the City Engineer, Costco shall submit to the City <br />Engineer for the City Engineer's review and approval a Final Cost Estimate for each of the <br />JDEDZ Street Improvements and Stoneridge Drive and I-680 Project ("Final Cost Estimate"). <br />The Final Cost Estimate shall be in sufficient detail to enable the City Engineer to analyze the <br />1310' 01 \2218870.8 <br />2M20 IS <br />