08 ATTACHMENT 4 - Laserfiche WebLink

P. The parties desire to enter into this Agreement for all of the purposes set forth herein below. Q. Livermore, County and Pleasanton conducted appropriate environmental review under the California Environmental Quality Act ("CEQA") for their execution of this Agreement. R The Livermore City Council, by adoption of Resolution 2007-148, dated July 9, 2007, approved and authorized the execution of this Agreement by Livermore. S. The Pleasanton City Council, by adoption of Resolution ~~, dated approved and authorized the execution of this Agreement by Pleasanton. T. The Alameda County Board of Supervisors, by adoption of Resolution _ ,dated approved and authorized the execution of this Agreement by County. U. The Alameda County Board of Supervisors, sitting as Authority, by adoption of Resolution ,dated ,approved and authorized the execution of this Agreement by Authority. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations set forth in this Agreement, the parties hereby agree as follows: AGREEMENT l.. PURPOSES OF THIS AGREEMENT. The parties each acknowledge, agree and find that the primary purposes of this Agreement include providing mechanisms: (a) to help effectuate the portion of the Current Livermore Projects, as set forth in the Livermore EIR, that requires Livermore's consultation and cooperation with Pleasanton, County and Vulcan on the development of necessary traffic improvements and related infrastructure; (b) to help address Vulcan's concerns regarding potential traffic circulation and safety impacts of the Livermore Projects and the Staples Ranch Project and, subject to the provisions of this Agreement, to allow the Projects to proceed notwithstanding such concerns and Vulcan's further concerns regarding potential impacts of the Projects on its costs of transportation and operation; (c) to assure the construction of the Improvements, as mandatory obligations of the Jurisdictions if any of the Projects are developed, in accordance with the provisions of this Agreement; and {d) to further evidence Vulcan's satisfaction of certain conditions of Vulcan's SMP related to the Improvements. ' 2. DEFINITIONS. In addition to the terms defined in the Recitals above or elsewhere in this Agreement, the following terms used herein shall have the following meanings: 2.2 "Claims" shall mean claims, demands, actions, causes of action, Iiabilities, damages, losses, costs and expenses, of any nature whatsoever, including attorneys', experts' and consultants' fees and costs. 2.3 "Constructing Jurisdiction" shall mean the Jurisdiction which is obligated to construct the EI Chano and Intersection Improvements pursuant to this Agreement, as determined pursuant to Section 3.1 hereof. 2.4 "Construction Management Plan" shall mean a plan prepared by or on behalf of the appropriate Jurisdiction governing the construction of the EI Charro and Intersection Improvements, the Livermore Additional Improvements, or the Pleasanton Additional Improvements, as the case may be, 002483.00041793691.13 4