08 ATTACHMENT 5 - Laserfiche WebLink

1.4 The "Minimal Livermore Flood Protection Improvements" are defined as those minimal improvements and mitigations, consisting of and limited to a North Overbank and South Detention/Conveyance Facility located within the El Charro Specific Plan Area, that are necessary to remove the commercial development portions of the El Charro Specific Plan area and the entire Staples Ranch Property from the 100 year flood zone. Exhibit _ illustrates the conceptual Minimal Livermore Flood Protection Improvements. 1.5 "Constructing Agency" is defined as the agency responsible for constructing or causing to construct the El Charro Road Improvements including obtaining permits, bid, award and acceptance. 1.6 "Ultimate Interchange" is defined as the project set forth in the document entitled "Cost Sharing Agreement between City of Dublin, City of Livermore, and City of Pleasanton regarding Funding for the Design, Construction, and Landscape Maintenance of Phase II of the I-580/Fallon Road/El Charro Road Interchange" and generally consistent with the City of Dublin's Concept Plan entitled " "and dated , 2003. 2. CONSTRUCTION OF ROAD IMPROVEMENTS BY LIVERMORE: 2.1 LIVERMORE is hereby designated the initial Constructing Agency. If LIVERMORE has not commenced construction or installation of the El Charro Road Improvements by the date, if any, that PLEASANTON's annexation of Staples Ranch Property becomes effective, then PLEASANTON thereupon shall become the Constructing Agency unless LIVERMORE and PLEASANTON have mutually agreed otherwise in writing. Provided that LIVERMORE is the Constructing Agency, LIVERMORE shall provide AUTHORITY with written notice that it has received one or more responsive bids for the El Charro Road Improvements. Within 10 working days of LIVERMORE'S written notification to AUTHORITY of LIVERMORE's receipt of the bid, AUTHORITY shall provide LIVERMORE with written evidence that the funds are allocated and committed for the Improvements. Thereafter, AUTHORITY agrees to pay LIVERMORE $2.0 million within 30 days of LIVERMORE'S written notification to AUTHORITY that a contract has been awarded and a notice to proceed given for the construction of the El Charro Road Improvements. AUTHORITY'S payment of $2.0 million shall fully satisfy all obligations of the AUTHORITY, PLEASANTON and the Staple Ranch property developers to contribute towards the cost of the El Charro Road Improvements. AUTHORITY agrees to cooperate to facilitate the implementation of the El Charro Road Improvements. In the event Livermore is the Constructing Agency, then in no event shall AUTHORITY, PLEASANTON or the Staples Ranch Property developers be responsible for any costs or expenses relating to the Freisman Road Relocation Improvements. 4 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton