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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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other parties of such action and potential delay; (ii) take reasonable steps to resolve the matter and limit <br />the length of any delay; and (iii) have the time period for construction of the Pleasanton Additional <br />Improvements extended by a reasonable period of additional time corresponding to such delay. <br />5.Z Modit'rcations to the Pleasanton Additional Improvements. The Pleasanton <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 Pleasanton <br />Additional Improvements Diagram evidencing the agreed-upon changes shall be incorporated into this <br />Agreement as a revised Exhibit O hereto. <br />b. BONDING; BUII.DIIVG PERNIITS; CERTIFICATES OF OCCUPANCY <br />6.1 Bonding; Building Permits within El Charro Specific Plan Area. Livermore <br />shall not, under any circumstances, issue any building permits for any project, development or other <br />construction within the Prime Outlets Project or the EI Charro Specific Plan Area unless and until (i} the <br />Constructing Jurisdiction has posted, or has caused one or more developers to post, performance and <br />payment bonds in compliance with Section 14, assuring completion of all EI Charro and Intersection <br />Improvements; and (ii) Livermore has posted, or has caused one or more developers of projects within the <br />EI Charro Specific Plan Area to post, performance and payment bonds consistent with Section 14, <br />assuring completion of all Livermore Additional .Improvements. Livermore also shall not, under any <br />circumstances, allow the commencement of any building or other work of improvement (as defined in <br />California Civil Code section 3106), excepting any site improvement (as defined in California Civil Code <br />section 3102), for any project, development or other construction within the Prime Outlets Project or the <br />El Charm Specific Plan Area unless and until grading has commenced for construction of the El Charm <br />and Intersection Improvements. <br />6.2 Completion; Certificates of Occupancy within EI Charro Specific Plan Area. <br />Livermore shall not, under any circumstances, issue any certificate of occupancy for any occupancy or <br />use of any new project, development or other construction within the Prime Outlets Project or the El <br />Charro Specific Plan Area unless and until (i} all requirements set forth in Section 6.1 have been fully <br />implemented; (ii) the Constructing Jurisdiction has Substantially Completed, or caused the Substantial <br />Completion of, all EI Charro and Intersection Improvements in accordance with the El Charro and <br />Intersection Improvements Diagram, (iii) Livermore has Substantially Completed, or caused the <br />Substantial Completion of, all Livermore Additional Improvements in accordance with the Livermore <br />Additional Improvements Diagram, (iv) any portion of the right-of--way for El Charro Road containing <br />any portion of the Improvements and located as of the Effective Date within unincorporated County <br />(which portion of right-of--way shall be described in the Dedication Deed) has been accepted by County or <br />Pleasanton for ownership by recordation of the Dedication Deed, (v) any and all Improvements located <br />within Livermore are certified by Livermore as complete or Substantially Complete; and (vi) the portion <br />of the public right-of-way for Freisman Road existing or offered for dedication as of the Effective Date <br />and marked as "to be abandoned" on the EI Charro and Intersection Improvements Diagrams and/or <br />Livermore Additional Improvements Diagram has been formally abandoned by Livermore. In addition to <br />and without limiting the provisions of Section 3.7(c), until such time as Livermore has accepted for <br />ownership and maintenance all Improvements located within Livermore, Livermore shalt, at no cost or <br />expense to the Quarry Owners or other parties and in accordance with all applicable laws, be responsible <br />for maintenance, repairs and replacement of all such Improvements. <br />63 Bonding; Building Permits within Staples Ranch Property. Pleasanton shall <br />not, under any circumstances, issue any building permits for any project, development or other <br />construction within the portion of the Staples Ranch Property which may be accessed from the EI <br />Charro/Jack London/Stoneridge Intersection unless and until (i) the Constructing Jurisdiction has posted, <br />002483.00041793691.13 14 <br />
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