08 ATTACHMENT 4 - Laserfiche WebLink

2.43 "Transition Easements" shall mean the easements from County, Livermore, Johnson/Himsl Partnership and/or other appropriate land owner(s), to and for the benefit of Vulcan and its permittees, in form and substance acceptable to Vulcan and substantially in the form of Exhibit Q attached hereto and incorporated herein by this reference, over all real property required for the El Charro Transition. 2.44 "Transition Easements Area" shall mean the real property subject to the Transition Easements, as more particularly described and depicted in Exhibits R-1 and R-2 attached hereto and incorporated herein by this reference. 3. EL CHARRO AND INTERSECTION IOVIPROVEMENTS 3.1 Constructing Jurisdiction. Livermore is hereby designated as the initial Constructing Jurisdiction. If Livermore has not commenced construction or installation of the E( Charro and Intersection Improvements by the date, if any, that Pleasanton's annexation of the Staples Ranch Property becomes effective, then Pleasanton thereupon shall become the Constructing Jurisdiction, unless Livermore and Pleasanton have mutually agreed otherwise in writing. In the event Pleasanton becomes the Constructing Jurisdiction, Pleasanton shall promptly provide written notice thereof to the other parties, and in any event Pleasanton shall provide such notice prior to the date Pleasanton commences construction or installation of any El Charro and Intersection Improvements. 3.2 Construction of the El Charro and Intersection Improvements. The Constructing, Jurisdiction, at no cost or expense to the Quarry Owners, shall fully engineer, design, construct and install, or cause to be fully engineered, designed, constructed and installed, all of the EI Charro and Intersection Improvements, in conformance with the applicable El Charro and Intersection Improvements Diagram (Exhibit K-1 applies if Livermore is the Constructing Jurisdiction; Exhibit K-2 applies if Pleasanton is the Constructing Jurisdiction). The Constructing Jurisdiction shall provide the Construction Management Plan and the Final Plans for the El Charro and Intersection Improvements to the other parties not less than forty-five (45) days prior to commencing any construction or installation thereof. If any party objects to such Construction Management Plan or Final Plans, the objecting party shall provide all other parties with notification of such objection, and the parties shall attempt to resolve the dispute pursuant to the procedure set forth in Section 16. Notwithstanding any provision to the contrary herein or in the Final Plans or Construction Management Plan and without limiting any other applicable requirements, the roadway for the EI Charro and Intersection Improvements shall be engineered, constructed and installed so as to (a) achieve a Traffic Index of not less than 11; (b) comply with all applicable Fleasanton roadway standards; and (c) lie fully outside the 100 year flood plain, adequately drain and discharge storm waters away from any Quarry Lands, and meet all standards and requirements of RWQCB. The Constructing Jurisdiction shall promptly provide to the other parties copies of all progress reports pursuant to the Construction Management Plan. The Constructing Jurisdiction shall Substantially Complete, or cause the Substantial Completion of, the El Charro and Intersection Improvements within eighteen (18) months after commencing construction thereof, and in conformance with the Construction Management Plan and Final Plans for the El Charro and Intersection Improvements. The Construction Management Plan shall provide for, and the Constructing Jurisdiction shall maintain, at least one open [ane in each direction on EI Charro Road at all times for continual and uninterrupted access to the Quarry Lands, subject to the provisions of Section 3.6. If any federal, state or local regulatory agency other than one of the Jurisdictions takes any action which may delay construction of the El Charro and Intersection Improvements, the Constructing Jurisdiction shall (i) promptly notify the other parties of such action and potential delay; (ii) take reasonable steps to resolve the matter and limit the length of any delay; and (iii) have the time period for construction of the El Charro and Intersection Improvements extended by a reasonable period of additional time corresponding to such delay. Promptly upon completion of the EI Charro and Intersection Improvements by the Constructing 002483.00041793691.13 9