08 ATTACHMENT 5 - Laserfiche WebLink

consist solely of a North Overbank Area and a South Bank Detention Basin, located to the west of the existing golf course on property owned by LIVERMORE. 5.4 If the AUTHORITY, pursuant to Paragraph _, above, designs and constructs the "Minimum Livermore Flood Protection Improvements "project, 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 a "Minimum Livermore Flood Protection Improvements "project. LIVERMORE shall also cooperate, to the fullest extent possible, in permitting the AUTHORITY to construct the "Minimum Livermore Flood Protection Improvements" project by providing AUTHORITY with all necessary permits under the control of LIVERMORE, including, but not limited to, the use of LIVERMORE owned property ,encroachment permits and grading permits. LIVERMORE agrees to permit AUTHORITY to stockpile any excess excavation material generated by the "Minimum Livermore Flood Protection Improvements" project as close to the areas of work as practical that will not conflict with flood protection, that are acceptable to any affected agencies and any affected land owners and is consistent to the El Charro Specific Plan Improvements. The parties agree to negotiate the placement of the stockpiled material and in the event that LIVERMORE requests placement to accommodate the roadway improvements, LIVERMORE will pay for compaction. If AUTHORITY constructs the "Minimum Livermore Flood Protection Improvements" project, LIVERMORE shall not require AUTHORITY to place excess excavation material in a manner suitable for use as road embankments. 5.5 If the AUTHORITY proceeds with the construction of the Livermore Flood Protection Improvements or the Minimum Livermore Flood Protection Improvements pursuant to Paragraphs. , above, and if not already obtained by LIVERMORE, AUTHORITY shall obtain a CLOMR and LOMR for the same affected area as described in Section 3.3 as well as any other required permits for the construction of the Livermore Flood Protection Improvements or the Minimum Livermore Flood Protection Improvements at no expense to LIVERMORE. 5.6 If the AUTHORITY takes over the construction of the Livermore Flood Protection Improvements or the Minimum Livermore Flood Protection Improvements pursuant to Paragraphs _, above, LIVERMORE agrees that, prior to the approval of any Final Map or building permit within the El Charro Specific Plan Area, or prior to the construction of any extension of Jack London Boulevard to El Charro Road, LIVERMORE shall pay to the AUTHORITY $1.0 million, less any pro rata share [HOW WILL THIS BE DETERMINED?] of the actual costs LIVERMORE has incurred for design of the Livermore Flood Protection Improvements, permitting, lease of land payments, mitigation or construction for the Livermore Flood Protection Improvements, and shall, upon the first issuance of a Final Map or building permit within the EL Charro Specific Plan Area, take over from the AUTHORITY any maintenance costs of the Improvements, and the Federal Aviation Administration ("FAA") land lease payments, if any. 11 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton