08 ATTACHMENT 5 - Laserfiche WebLink

Avigation Easement, a copy of which is attached as Exhibit ,upon the conveyance of their property. 7.3.3 The Staples Ranch EIR traffic analysis addresses impacts (current and cumulative) for the Staples Ranch Specific Plan as described in the NOP dated March 19, 2007. LIVERMORE acknowledges that the traffic analysis for the El Charro Specific Plan EIR was developed in cooperation with PLEASANTION and PLEASANTON is using the same Traffic Consultant for the Staples Ranch EIR. As a result, none of the parties anticipates that any major new traffic impacts will be identified in the Staples Ranch EIR although minor variations in the analysis are anticipated. Provided that the Staples Ranch EIR traffic analysis is consistent with the El Charro Specific Plan EIR traffic analysis, LIVERMORE will not contest the Staples Ranch EIR with respect to traffic analysis based on minor variations in traffic impacts. If additional impacts are identified in the Staples Ranch EIR traffic analysis and PLEASANTON agrees to adopt and implement the mitigations to address those impacts, LIVERMORE will not contest the Staples Ranch EIR traffic analysis. 7.3.4 All mitigations, including the mitigations referenced in 7.3.2 and 7.3.3 above, for the Staples Ranch Project shall be included in the Staples Ranch EIR and adopted to address impacts (current and cumulative) that impact LIVERMORE. 7.4 LIVERMORE certified the Final EIR for the El Charro Specific Plan on July 9, 2007. Provided that LIVERMORE implements the adopted mitigations therein, and that such certification, entitlement and approvals are consistent with the provisions of this Agreement and LIVERMORE is not in breach of this Agreement, then PLEASANTON and AUTHORITY shall not challenge or oppose LIVERMORE's certification of the LIVERMORE FEIR for the El Charro Specific Plan, LIVERMORE's entitlement of the Prime Outlets Project, LIVERMORE's approval of the El Charro Specific Plan, or approval of projects consistent with the El Charro Specific Plan and approvals necessary for implementation of the El Charro Specific Plan (including Federal Aviation Administration approvals and approvals necessary for Jack London Roadway acquisition and construction). 7.5 If AUTHORITY breaches the non-interference provisions of this Agreement, LIVERMORE shall have the right to demand that AUTHORITY pay [TO WHOM] $1 million for the Livermore Flood Protection Improvements and $2 million dollars for the El Charro Road Improvements to the extent not already paid.[I DON'T UNDERSTAND THIS]. LIVERMORE reserves the right to take any action in law or equity for such breach as described in Paragraph 8 below. 14 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton