08 ATTACHMENT 4 - Laserfiche WebLink

Jurisdiction in accordance with this Agreement, the Constructing Jurisdiction shall record in the Official Records of the County a notice of completion with respect to such Improvements {"NOC'~ and deliver copies thereof to the other parties. If Vulcan or either of the other Jurisdictions do not agree that such Improvements have been completed despite the Constructing Jurisdiction's recordation of such NOC, the disputing party(ies} shall provide all other parties with written notification of such dispute and the specific basis thereof, and the parties shall thereafter attempt to resolve the dispute pursuant to the procedure set forth in Section 16. 3.3 Modifications to the El Charro and Intersection Improvements. The El Charro and Intersection Improvements shall only be subject to Material Modification pursuant to an amendment to this Agreement consistent with Section 18.3. Upon execution of any such amendment, a revised El Charro and Intersection Improvements Diagram(s) evidencing the agreed-upon changes shall be incorporated into this Agreement as a revised Exhibit K-1 and/or Exhibit K-2 hereto. 3.4 No Access Sigaage. Vulcan agrees to consult with the Constructing Jurisdiction regarding the proposed language and general location for the No Access Signage. Based upon the results of such consultation and prior to construction and installation of the No Access Signage, the Constructing Jurisdiction shall submit its signage and pavement marking plan to Vulcan for Vulcan's review and comment. Vulcan shall complete its review and provide its comments within forty-five (45) days of receipt. Each Jurisdiction further agrees that those portions of the No Access Signage located within any public property or right-of-way within their respective jurisdiction shall become part of the EI Charro Road-related public improvements even if initially installed on private property. The Constructing Jurisdiction, at no cost to the Quarry Owners and in accordance with all applicable laws, shall be responsible for maintenance, repairs and replacement of all No Access Signage located within any public property or right-of--way (subject to the provisions of Section 3.7(c) if Livermore is the Constructing Jurisdiction). The Jurisdictions may enter onto property owned by Vulcan pursuant to the Temporary License for purposes of performing any portion of such maintenance, repairs or replacement that requires such entry. In no event shall the Quarry Owners have any responsibility for maintenance, repairs or replacement of any No Access Signage located within any public property or right-of--way. 3.S Transition Easements. The Constructing Jurisdiction, at no cost or expense to the Quarry Owners or County, shall secure the Transition Easements and subordinations from the holders of any existing monetary liens or encumbrances on the Transition Easements Area, subordinating their liens or encumbrances to the Transition Easements. Such easements and subordinations shall be in a written form and substance acceptable to Vulcan. Without limiting the foregoing provisions, to the extent that County owns public right-of way or other land within the Transition Easements Area, County agrees to grant the Quarry Owners the easement(s) required by this Section 3.5. Notwithstanding any provision herein to the contrary, the Constructing Jurisdiction shall not initiate construction, or cause the initiation of construction, of any Improvement prior to recordation of the Transition Easements and any required subordinations. 3.6 Temporary Closure of El Charro Road and Temporary Haul Road. A temporary blockage or closure of E[ Charro Road in connection with construction of the Improvements shall not be considered a Prohibited Access Restriction so long as the Temporary Haul Road is first constructed and made available to the Quarry Owners pursuant to the provisions of this Section 3.b, so that the Quarry Owners have continual and uninterrupted access between I-580 and the Quarry Lands. Prior to any such temporary blockage or closure of El Charro Road, the Constructing Jurisdiction shall, at its sole cost and expense, design, engineer, construct, maintain and (upon completion of all Improvements) remove, or shall cause the design, engineering, construction, maintenance and (upon completion of all Improvements) removal of, the Temporary Haul Road. The Temporary Haul Road shall be located. substantially along the El Charro Road right-of--way and shall be designed, engineered, 002483.00041793691.13 l U