08 ATTACHMENT 4 - Laserfiche WebLink

(d) Standard of Care. Nothing in this Agreement is intended to impose any standard of care respecting the maintenance or repairs of streets, highways, or other public property or facilities different from the standard of care imposed by law. (e) Vulcan Contribution to Livermore's Maintenance Costs. Subject to the provisions of this Agreement and the Jurisdictions' and Authority's compliance therewith, promptly following County's recordation of the Dedication Deed pursuant to Section 3.12, Vulcan shall pay Livermore the sum of Thirty Thousand I?ollars ($30,000) to defray Livermore's costs of maintenance of the El Chanro and Intersection Improvements as required by this Agreement. Livermore shall place these funds in a segregated account solely for this purpose. In the event any portion of these funds is not so expended by Livermore, Livermore shall transfer the unexpended balance to Pleasanton to defray Pleasanton's costs of maintenance of the El Charro and Intersection Improvements as required by this Agreement. Pleasanton shall place these funds in a segregated account solely for this purpose. 3.8 Special Provisions if Pleasanton is the Constructing Jurisdiction. The provisions of this Section 3.8 shall apply only if Pleasanton is the Constructing Jurisdiction. Pleasanton, as the Constructing Jurisdic#ion, shall not perform, or permit the performance of, any grading, construction or other work related to the El Charro and Intersection Improvements, unless and until Pleasanton shall have first annexed the Dedication Parcel. Pleasanton's annexation of the Dedication Parcel shall occur promptly aifier Pleasanton has (i) given final approval to the Staples Ranch Project, and (ii) received approval from Alameda County LAFCO for such annexation consistent with Section 7.2. Notwithstanding the fact that Pleasanton is the Constructing Jurisdiction, Livermore shall abandon Freisman Road at the El Charro Road / Freisman Road intersection existing as of the Effective Date as part of the construction of the El Charro and Intersection Improvements and shall promptly grant to Pleasanton all necessary encroachment and other permits for the construction of Freisman Road Realignment as shown on Exhibit K-2. Subject to the provisions of this Agreement and the Jurisdictions' and Authority's compliance therewith, and if Pleasanton is the Constructing Jurisdiction and has become responsible for maintenance of the El Charro and Intersection Improvements pursuant to Section 3.7(c), then promptly following County's recordation of the Dedication Deed pursuant to Section 3.12, Vulcan shall pay Pleasanton the sum of Thirty Thousand Dollars ($30,000) to defray Pleasanton's costs of maintenance of the El Charro and Intersection Improvements as required by this Agreement. Pleasanton shall place these funds in a segregated account solely for this purpose. Vulcan shall be obligated to make only one payment of Thirty Thousand Dollars ($30,000) under this Agreement, either to Livermore pursuant to Section 3.7(e) or to Pleasanton pursuant to this Section 3.8, as applicable. 3.9 Temporary License. In order to facilitate each Jurisdiction's construction and maintenance obligations under this Agreement, Vulcan hereby grants to the appropriate Jurisdictions the - Temporary License pursuant to the provisions of Exhibit P. 3.10 Additional Licenses and Easements. The Constructing Jurisdiction shall secure, at no cost to the Quarry Owners, any and all other licenses, rights of entry, and easements from the owner of the Johnson-Himsl Property or other property owners as may be necessary in order to construct or install the EI Charro and Intersection Improvements. 3.11 Notices of Non-Responsibility. Vulcan shall have the right to post in or on the Vulcan Properties notices of non-responsibility as provided by law with respect to the construction of the Improvements. 3.12 Partial Acceptance of Offer. Promptly following the later of (i} delivery of the copies of the recorded NOC by the Constructing Jurisdiction to the other parties in accordance with the applicable provisions of Section 3.2 or (ii} the final resolution of any dispute regarding the completion of 002483.00041793691.13 12