08 ATTACHMENT 4 - Laserfiche WebLink

Livermore E1R, and no further traffic, circulation or transportation improvements are required beyond the Improvements in order to mitigate such impacts; (iii) with respect to such Livermore Project, at the time of Livermore's consideration thereof, the levels of service for the EI Charro/Jack London/Stoneridge Intersection and the Jack London/Road A Intersection are not then below level D or worse than those projected for buildout of the El Charro Specific Plan in the Livermore EIR; (iv) with respect to such Livermore Project, such project is in all respects subject to, within the scope of, and consistent with the provisions of, the EI Charm Specific Plan and the Livermore EIR (including the impacts covered thereby); and (v) the Jurisdictions and the Authority do not commit any breach of this Agreement, provided, however, that if Livermore is the Constructing Jurisdiction and construction of the Improvements has been completed in accordance with this Agreement and Livermore has not otherwise committed any breach of this Agreement, Vulcan and its Representatives shall not challenge or oppose Livermore Land Use Approvals for any particular Livermore Project where the cause of breach is clearly attributable to another Jurisdiction or Authority. (b) Staples Ranch Project. Subject to the provisions of this Agreement and the Jurisdictions' and the Authority's compliance therewith, Vulcan and its Representatives shall not challenge or oppose Pleasanton Land Use Approvals for the Staples Ranch Project, provided that: (i) such Land Use Approvals are consistent with the provisions of this Agreement; (ii) Pleasanton reasonably establishes that the traffic, circulation and transportation impacts of the Staples Ranch Project are no greater than analyzed in the Livermore EIR {including but not limited to those reflected in the excerpts from the Livermore EIR set forth in Exhibit M attached hereto and incorporated herein by this reference) and the Pleasanton EIR, and no further tr~c, circulation or transportation improvements are required beyond the Improvements in order to mitigate such impacts; (iii) with respect to any development within the Staples Ranch Project, at the time of Pleasanton's consideration thereof, the levels of service for the El Charro/Jack London/Stoneridge Intersection and the Jack London/Road A Intersection (if then constructed) are not then below level D or worse than those projected for buildout of the El Charro Specific Plan in the Livermore EIR or those projected for buildout of the Staples Ranch Project in the Pleasanton EIR; (iv) with respect to any development within the Staples Ranch Project, such development is in all respects subject to, within the scope of, and consistent with the provisions of the Staples Ranch Project, the Staples Ranch MOU, the Staples Ranch NOP, and the Pleasanton EIR (including the impacts covered thereby) and (iv) the Jurisdictions and the Authority do not commit any breach of this Agreement, provided, however, that if Pleasanton is the Constructing Jurisdiction and construction of the Improvements has been completed in accordance with this Agreement and Pleasanton has not otherwise committed any breach of this Agreement, Vulcan and its Representatives shall not challenge or oppose Pleasanton Land Use Approvals for the Staples Ranch Project where the cause of breach is clearly attributable to another Jurisdiction or Authority. (c) Generally. Subject to the Jurisdictions' and the Authority's compliance with this Agreement, Vulcan shall not join, cooperate with or assist any other party that is taking any action which Vulcan is prohibited from taking pursuant to Sections 11.5(a} and 11.5(b}. Subject to the provisions of this Agreement, Vulcan reserves its right to participate in the review and comment process and/or project approval process for any Projects or other development projects, including proposed projects that are within any Jurisdiction. In no event shall this Agreement be deemed to constitute an admission or agreement by Vulcan as to the validity or accuracy of any provision in the Livermore EIR, the EI Charm Specific Plan, or the Pleasanton EIR. Furthermore, except as expressly set forth in this Agreement, Vulcan shall not be deemed to have consented to: (i) any annexation of property owned or operated by Vulcan to the City of Pleasanton, (ii) any condemnation or dedication of Vulcan owned or controlled property except to the extent constituting an acceptance or partial acceptance of the Offer in accordance with the provisions thereof and this Agreement, or (iii} any Prohibited Access Restrictions or limitations on Vulcan's rights of access to the Quany Lands. 002483.0004\793691.13 21