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Charm Road or the surrounding property into Pleasanton except if such annexation is approved on the express condition imposed by Alameda County LAFCO in substantially the form set forth below: From and following the effective date of this annexation, that certain Pre- Development and Cooperation Agreement by and among the City Of Livermore, the County Of Alameda, the Surplus Property Authority of the County of Alameda, the City Of Pleasanton, and CalMat Co., d/b/a Vulcan Materials Company, Western Division, dated as of 2007, a Memorandum of which was recorded on , at Book ~~ Page ,Official Records of Alameda County, shall continue in full force and effect and shall remain binding upon the parties thereto in accordance with the provisions thereof and shall not be deemed modified or terminated in any manner, in whole or in part, by this annexation. 7.3 Pleasanton. Pleasanton agrees to the Alameda County LAFCO condition set forth in Section 7.2, and shall include such condition in any annexation request for any portion of EI Charm Road or the surrounding property into Pleasanton. Further, promptly following the Effective Date, Pleasanton shall take reasonable steps to prevent the use of the Hanson Haul Road by unauthorized parties, including but not limited to pavement markings. 7.4 Prohibited Improvement; Permitted EVA. The Jurisdictions shall not construct or install, or permit the construction and installation of, any EVA, driveway or roadway connections from El Chano Road to any portion of the El Charm Specific Plan Area or the Staples Ranch Property other than as part of the El Charro/Jack London/Stoneridge Intersection. Notwithstanding the preceding sentence, in the event that Livermore grants a!I Livermore Land Use Approvals necessary to develop a Future Livermore Project on the Johnson-Himsl Property, and if required by the Livermore/Pleasanton Fire Department, there shall be one (1) permitted EVA from the Johnson-Himsl Property onto EI Chanro Road, south of the El Charro/Jack London/Stoneridge Intersection, at a location agreed to by Vulcan, which EVA shall be subject to the terms and conditions of a mutually agreeable written license agreement between Vulcan and the owner of~the Johnson-Himsl Property. Similarly, if Pleasanton grants all Pleasanton Land Use Approvals necessary to develop that portion of the Staples Ranch Project situated south of the Stoneridge Drive extension right-of-way, and if required by the Livermore/Pleasanton Fire Department, there shall be~ one (1) permitted EVA from one (1) property within that portion of the Staples Ranch Property fronting EI Chanro Road onto El Charm Road, south of the El Charm/Jack London/Stoneridge Intersection, at a location agreed to by Vulcan, which EVA shall be subject to the terms and conditions of a mutually agreeable written license agreement between Vulcan and the owner of such property. 7.5 Hanson Properties; Hanson Haul Road. The parties acknowledge and agree that furtlser improvements to El Charro Road and/or other roadways and/or intersections will be necessary in the future to accommodate and permit (i) the redevelopment of the former mining property of Hanson Aggregates, formerly Kaiser Sand & Gravel, and related affiliates; and/or (ii) the extension of EI Charro Road to Stanley Boulevard along the current Hanson Haul Road. The parties agree to meet and confer regarding such improvements on an as-needed basis. 8. VULCAN ROAD OBLIGATIONS. Notwithstanding any provision herein to the contrary, the Jurisdictions acknowledge that the Quarry Owners and their respective trucking contractors operate heavy trucks over the private and public portions of El Charro Road, and further acknowledge and agree that the Quarry Owners and their respective trucking contractors have and shall have no liability for maintenance of the public portions of El Charro Road. Each of the parties acknowledge and agree that by 002483.0004\793691. [3 16