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08 ATTACHMENT 4
City of Pleasanton
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08 ATTACHMENT 4
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9/14/2007 12:09:25 PM
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9/14/2007 12:09:24 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/18/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
08 ATTACHMENT 4
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such Improvements, Vulcan shall execute and deliver to County or Pleasanton, as applicable, the <br />Dedication Deed for the Dedica#ion Parcel. Thereupon, County or Pleasanton, as applicable, shall <br />promptly accept such Offer by executing and recording the Dedication Deed in the Official Records of the <br />County and providing certified copies thereof to the other parties. The Jurisdictions hereby acknowledge <br />that they have reviewed the form of the Dedication Deed as to form and substance. <br />4. LIVERMORE ADDITIONAL IlVIPROVEMENTS <br />4.1 Construction of the Livermore Additional Improvements. Livermore, at no <br />cost or expense to the Quarry Owners or County, shall fully engineer, design, construct and install, or <br />cause to be fully engineered, designed, constructed and installed, all of the Livermore Additional <br />Improvements, in conformance with the Livermore Additional Improvements Diagram. Livermore shall <br />provide the Construction Management Plan and the Final Plans for the Livermore Additional <br />Improvements to the other parties not less than forty-five (45) days prior to commencing any construction <br />thereof. If any party objects to such Construction Management Plan or Final Plans, the objecting party <br />shall provide all other parties with written notification of such objection, and the parties shall thereafter <br />attempt to resolve the dispute pursuant to the procedure set forth in Section 16. Livermore shall promptly <br />provide to the other parties copies of all progress reports pursuant to the Construction Management Plan: <br />Livermore shall Substantially Complete, or cause the Substantial Completion of, the Livermore <br />Additional Improvements within eighteen (18) months after commencing construction thereof, and in <br />conformance with the Construction Management Plan and Final Plans for the Livermore Additional <br />Improvements. If any federal, state or local regulatory agency other than one of the Jurisdictions takes <br />any action which may delay construction of the Livermore Additional Improvements, Livermore shalt <br />(i) promptly notify the other parties of such action and potential delay; (ii) take reasonable steps to resolve <br />the matter and limit the length of any delay; and (iii) have the time period for construction of the <br />Livermore Additional Improvements extended by a reasonable period of additional time as may be agreed <br />to by the parties. <br />4.2 Modifications to the Livermore Additional Improvements. The Livermore <br />Additional Improvements shall only be subject to Material Modification pursuant to an amendment to this <br />Agreement consistent with Section 18.3. Upon execution of any such amendment, a revised Livermore <br />Additional Improvements Diagram evidencing the agreed-upon changes shall be incorporated into this <br />Agreement as a revised Exhibit G hereto. <br />S. PLEASANTON ADDITIONAL Il1~ROVEMENTS <br />5.1 Construction of the Pleasanton Additional Improvements. Pleasanton, at <br />Pleasanton's sole cost and expense, shall fully engineer, design, construct and install, or cause to be fully <br />engineered, designed, constructed and installed, the Pleasanton Additional Improvements, in conformance <br />with the Pleasanton Additional Improvements Diagram. Pleasanton shall provide the Construction <br />Management Plan and the Final Plans for the Pleasanton Additional Improvements to the other parties not <br />less than forty-five (45) prior to commencing any construction thereof. If any party objects to such <br />Construction Management Plan or Final Plans, the objecting party shall provide all other parties with <br />written notifcation of such objection, and the parties shall thereafter attempt to resolve the dispute <br />pursuant to the procedure set forth in Section 16. Pleasanton shall promptly provide to the other parties <br />copies of all progress reports pursuant to the Construction Management Plan. Pleasanton shall <br />Substantially Complete, or cause the Substantial Completion of, the Pleasanton Additional Improvements <br />within eighteen (18) months after commencing construction thereof, and in conformance with the <br />Construction Management Plan and Final Plans for the Pleasanton Additional Improvements. If any <br />federal, state or local regulatory agency other than one of the Jurisdictions takes any action which may <br />delay construction~of the Pleasanton Additional Improvements, Pleasanton shall (i}promptly notify the <br />002483.0004\793691.13 13 <br />
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