SR 05:062 - Laserfiche WebLink

transfer the designated funds to thc entity identified for expenditure of the funds. The County shall provide an annual written report to the Livermore and Pleasanton City Councils and the Board on the previous year's expenditures from the Accounts. 7.3. The fees accrued by the County shall be allocated to the Accounts in the following manner: 7.3.1. All of the fees collected under the Amended Use Permit pursuant to the provision set forth at Condition No. 18.1 of Exhibit "A," and one-half (1/2) of the fees collected under the Amended Use Permit pursuant to the provision set forth at Condition No. 18.2 of Exhibit "A," shall be allocated to the Open Space Account for expenditure on open space acquisition (in fee or permanent easement) in the following areas: (1) eighty percent (80%) in the eastern area, as depicted in Exhibit "C" attached hereto, of which no more than one-third (1/3) of such funds may be expended in the area within the LivermoreJCounty joint North Livermore Planning Area; and (20) twenty percent (20%) in the western area, as depicted in Exhibit "C." 7.3.2. One-fourth (1/4) of the fees collected under the Amended Use Permit pursuant to the provision set forth at Condition No. 18.2 of Exhibit "A" attached hereto shall be allocated to the Host Community Impact Account for expenditure on improvements and programs to benefit City of Livermore residents and the surrounding community. 7.3.3. One-fourth (1/4) oftbe fees collected under the Amended Use Permit pursuant to the provision set forth at Condition No. 18.2 of Exhibit "A" attached hereto shall be allocated to the Education Account for expenditure on recycling and diversion education programs and job training in the field of waste diversion and recycling. Two cents ($0.02) of every twenty-five cents ($0.25) that is deposited into the Education Account, up to a maximum of one hundred thousand dollars ($100,000), shall be earmarked by the Advisory Board described in Subseation 7.6.1 to mitigate the impacts of the ALRRF operations on the affected neighboring community. To the extent that expenditures from this fund are made, it shall be replenished up to the maximum of one hundred thousand dollars ($100,000) by the earmarking of two cents ($0.02) of every twenty-five cents ($0.25) deposed into the Education Account. Any money remaining in the earmarked fund at the end of the ALRRF Expansion shall be released and may be expended for the general purposes of the Education Account. 7.3.4. In the event that (i) a final, non-appealable judgment determines that the fees imposed by the Amended Use Permit (pursuant to Conditions No. 18.1 and 18.2 of Exhibit "A" attached hereto), or any portion thereof, cannot be lawfully imposed, collected and/or expended for the purposes set forth in Subsections 7.3 through 7.6 of this Agreement, and (ii) all available means to lawfully impose, collect, and expend said fees for the foregoing purposes have been exhausted, then the portion of said fees which cannot be lawfully imposed, collected, and/or expended for the foregoing purposes shall instead be imposed, collected and expended for acquisition of open space in fee or permanent easement in the vicinity of the ALRRF. 7.4. Expenditures from the Open Space Account shall be made as follows: 7.4.1. The County shall convene an Advisory Committee consisting of the following members: one (1) member appointed by the Board, one (1) member appointed by Final AItarnont Settlement Agreement