08 ATTACHMENT 5 - Laserfiche WebLink

commercial development within the El Charro Specific Plan from the 100 year flood zone and would not change the current hydrologic conditions in the El Charro Specific Plan Area. If the AUTHORITY chooses to pursue the Staples Ranch Flood Protection Alternative the AUTHORITY shall design, permit and construct such a project. LIVERMORE shall cooperate with the AUTHORITY in the AUTHORITY'S efforts to obtain all necessary permits and approvals for the Staples Ranch Flood Protection Alternative, but LIVERMORE shall have no obligation to contribute funding to the Staples Ranch Flood Protection Alternative. 5.2 If LIVERMORE, for any reason, fails to commence construction of the Livermore Flood Protection Improvements by July 1, 2008, (or a later date if LIVERMORE and AUTHORITY mutually agree) the AUTHORITY shall have the right to proceed with the design, permitting and construction of the Livermore Flood Protection Improvements. If the AUTHORITY makes this election, LIVERMORE shall cooperate with AUTHORITY, including, but not limited to, providing AUTHORITY with all studies, drawings, permits, agreements, permit applications and draft agreements relating to the design, permitting and construction of the Livermore Flood Protection Improvements. LIVERMORE shall also cooperate, to the fullest extent possible, in permitting the AUTHORITY to construct the Livermore Flood Protection Improvements by providing AUTHORITY with all necessary permits under the control of LIVERMORE, including, but not limited to, the use of LIVERMORE owned property (including lease payment, if any, and maintenance costs), encroachment permits and grading permits. At the time AUTHORITY deems it necessary to proceed with the Livermore Flood Protection Improvements, the parties agree to meet and confer to mutually agree upon a new completion schedule based on the AUTHORITY's and LIVERMORE's schedules for development in their respective Specific Plan areas (EI Charro and Staples Ranch). 5.3 If AUTHORITY takes over the construction of the Livermore Flood Protection Improvements pursuant to Paragraph 5.2, above, the AUTHORITY shall seek to obtain a Reimbursement Agreement with Zone 7 for the Livermore Flood Protection Improvements. If Zone 7 fails to enter into a Reimbursement Agreement with the AUTHORITY that is satisfactory to the AUTHORITY, or if Zone 7 requires that the Livermore Flood Protection Improvements be part of a larger flood control project that would cost more than a total of $7 million, or if Zone 7 is not in agreement to reimburse AUTHORITY for all costs associated with the Livermore Flood Protection Improvements, with the exception of no more than a total of $2 million in non-reimbursable costs, LIVERMORE and AUTHORITY agree that AUTHORITY shall have the right to design, permit and construct a "Minimum Livermore Flood Protection Improvements" project on LIVERMORE property within the El Charro Specific Plan Area that will include only those elements necessary to (1) remove all of the Staples Ranch Property and that portion of the El Charro Specific Plan area designated for commercial development from the 100-year flood zone, and (2) mitigate for any associated impacts provided that there are no new negative impacts to LIVERMORE. A conceptual "Minimum Livermore Flood Protection Improvements" is illustrated in Exhibit and is currently assumed to 10 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton