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or has caused one or more developers to post, performance and payment bonds in compliance with Section 14, assuring completion of all El Charm and Intersection Improvements, and (ii) Pleasanton has posted, or has caused one or more developers of the Staples Ranch Project to post, performance and payment bonds consistent with Section 14, assuring completion of all Pleasanton Additional Improvements. Pleasanton also shall not, under any circumstances, allow the commencement of any building or other work of improvement (as defined in California Civil Code section 3106), excepting any site improvement (as defined in California Civil Code section 3102), for any project, development or other construction within the Staples Ranch Project unless and until grading has commenced for construction of the El Charm and Intersection Improvements. 6.4 Completion; Certificates of Occupancy within Staples Ranch Property. Pleasanton shall not, under any circumstances, issue any certificate of occupancy for any occupancy or use of any new project, development or other construction within the portion of the Staples Ranch Property to be accessed from the El Charm/Jack London/Stoneridge Intersection unless and until (i) all requirements set forth in Section 6.3 have been fully implemented; (ii) the Constructing Jurisdiction has Substantially Completed, or caused the Substantial Completion of, all El Charro and Intersection Improvements in accordance with the El Charro and Intersection Improvements Diagram, (iii) Pleasanton has Substantially Completed, or caused the Substantial Completion of, all Pleasanton Additional Improvements in accordance with the Pleasanton Additional Improvements Diagram, (iv) any portion of the right-of-way for El Charro Road containing any portion of the Improvements and located as of the Effective Date within unincorporated County (which portion of right-of--way shall be described in the Dedication Deed) has been accepted by County or Pleasanton for ownership by recordation of the Dedication Deed, (v) any and all Improvements located within Pleasanton are certified by Pleasanton as complete or Substantially Complete, and (vi) not less than a thirty (30)-foot long segment of the public right-of-way for Freisman Road at the El Chan o Road / Freisman Road intersection existing as of the Effective Date and has been formally abandoned by Livermore. In addition to and without limiting the provisions of Section 3.7(c), until such time as Pleasanton has accepted for ownership and maintenance all Improvements located within Pleasanton, Pleasanton shall, at no cost or expense to the Quarry Owners or other parties and in accordance with a[l applicable laws, be responsible for maintenance, repairs and replacement of all such Improvements. 7. CONTIlWOUS ACCESS TO QUARRY LANDS. 7.1 Applicable Law. The Jurisdictions each acknowledge that it is vital to the continued viability of the Quarry Owners and Quarry Lands-related businesses and operations that El Charm Road remains fully available for continuous and uninterrupted truck use between the Quarry Lands and I-580, without any Prohibited Access Restrictions. No Jurisdiction may adopt, or initiate enforcement of, any Prohibited Access Restriction. Each Jurisdiction shall, pursuant to its general police power and at such Jurisdiction's cost and expense, take all appropriate steps to ensure that the applicable portions of El Charro Road within the Jurisdiction shall remain free and clear of any Prohibited Access Restrictions. None of the Improvements or the construction thereof in strict accordance with the tenors of this Agreement shall be deemed to constitute such a Prohibited Access Restriction. Vulcan acknowledges that Quarry Lands-related truck traffic on public El Charro Road is currently and shall remain subject to generally applicable provisions of vehicle and traffic control requirements- under State and Federal law and to reasonable speed limit requirements established and enforced by the applicable controlling Jurisdiction in a manner that does not discriminate against the Quarry Owners or their respective Representatives or contractors or the businesses or operations conducted on the Quarry Lands. 7.2 County. During the term of SMP-l6 or any other permit held by Vulcan or its successors for any portion of the Vulcan Properties, County shall not initiate or assist in, and the County, at no cost to Vulcan, shall take any and all appropriate actions to oppose, annexation of any portion of EI 002483.00041793691.13 15