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<br />any funds remain in the Bernal Interchange Account. such funds shall be distributed to Property <br />Owner. <br /> <br />" <br /> <br />(b) Bernal Bridl!e. Bernal Bridge improvements shall be undertaken in <br />accordance with the Initial Project Approvals and the provisions of this Section 3,6(b), Subject <br />to the reimbursement provisions of Section 3.6(c) below, Property Owner shall be obligated to <br />fund its share of the new Bernal Bridge and associated abutment work under the existing bridge <br />as follows: <br /> <br />(i) 50% of the construction costs for removal of and/or modification <br />to the abutments associated with the existing bridge. not to exceed $50,000. <br /> <br />$700,000, <br /> <br />(ii) 50% of the construction costs of the new bridge, not to exceed <br /> <br />(c) The City Engineer shall prepare a written itemized determination of the <br />new bridge and abutment removal costs, based upon construction bid amounts. and provide such <br />determination to the Property Owner, Funding shall be on a work cornpleted, as-invoiced basis <br />with payment due within forty-five (45) days of Property Owner's receipt of each invoice. In no <br />event shall any payment be due until annexation has occurred. <br /> <br />City shall have sole responsibility for securing all necessary approvals and <br />permits, including those of third parties, and designing and constructing the bridge and abutment <br />work. Prior to conveyance of the Public Parcel, if the City requests access to the Public Parcel to <br />accommodate the design of the bridge and abutment work, Property Owner shall not <br />unreasonably withhold issuance of permits or licenses necessary for the City to initiate such <br />construction work. When City is ready to commence construction of the bridge and/or abutment <br />work, City shall notify Property Owner in writing and Property Owner shall, within thirty (30) <br />days of Property Owner's receipt of City's notice, convey to City, subject to the reservations set <br />forth in Section 3.3(d) above, that portion of the Public Parcel that is reasonably necessary to <br />permit City to construct the bridge and abutment work. <br /> <br />(d) Bernal Avenue ImDrovements, Property Owner shall be responsible for <br />constructing improvements to Bernal Avenue in accordance with Condition 45 and Exhibit 15 of <br />the PUD. <br /> <br />3.7 Rellional TransDortation Fee, Subject to the Fee Cap Term, the Project shall be <br />subject to payment of the Tri-Valley Transportation Development Fee (TVTDF) as such fee has <br />been adopted by the Tri- Valley Transportation Council (TVTC) and shall pay the amount of such <br />Fee in accordance with City of Pleasanton Resolution No, 98-90. The scope of the TVTDF <br />improvements shall be based on the list of "Transportation Improvement Projects" identified in <br />Section 8 of the Joint Exercise of Powers Agreement between the County of Contra Costa, the <br />City of San Ramon, the Town of Danville, the County of Alameda, the City of Dublin, the City <br />of Livermore and the City of Pleasant on, <br /> <br />3,8 Water SUDDlv, City shall, for the purpose of meeting the Project demands, from <br />the water supply available to the City, reserve for the buildout of the Project and serve the <br />Project with potable water, in accordance with the provisions of the Initial Project Approvals. <br /> <br />356901849375v14 <br /> <br />-16- <br /> <br />08125100 <br />