08 ATTACHMENT 5 - Laserfiche WebLink

2.3 LIVERMORE agrees to pay to PLEASANTON One Million dollars towards the El Charro Interchange Phase 1 Improvements (as defined in the Caltrans I- 580/Fallon Road Interchange Modification Project No. 04-257604) which shall then be credited against LIVERMORE's share of the Ultimate Interchange costs. LIVERMORE shall remit payment to PLEASANTON within 30 days of when PLEASANTON informs LIVERMORE that there has been substantial completion of the northbound to westbound on loop of the Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604. 2.4 LIVERMORE will also construct or cause to construct, at no cost to PLEASANTON or AUTHORITY, any modifications or change orders required to be made to the approved Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604 that are necessary to accommodate the El Charro Road Improvements or interchange modifications identified in the El Charro Specific Plan Final EIR. To the extent that the interchange modifications are part of the design for the Ultimate Interchange, the costs of these modifications shall then be credited against LIVERMORE's share of the Ultimate Interchange costs. 3. IMPLEMENTATION OF THE LIVERMORE FLOOD PROTECTION IMPROVEMENTS BY LIVERMORE 3.1 This Section 3 describes the parties' obligations with regards to the Livermore Flood Protection Improvements if Livermore is the Constructing Agency. 3.2 LIVERMORE, at no cost to AUTHORITY or PLEASANTON, shall process a Conditional Letter of Map Revision ("CLOMR") and a Letter of Map Revision ("LOMR") with the Federal Emergency Management Agency ("FEMA") that removes a portion of the El Charro Specific Plan and all of the Staples Ranch Property from the 100- year flood zone based on the Livermore Flood Protection Improvements. LIVERMORE shall make best efforts to have the CLOMR executed by all affected parties by no later than December 31, 2007. AUTHORITY and PLEASANTON shall cooperate with LIVERMORE in obtaining an executed CLOMR. 3.3 LIVERMORE shall design and obtain all necessary permits to construct the Livermore Flood Protection Improvements. LIVERMORE shall make best efforts to have all permits required by other government agencies necessary for construction of the Livermore Flood Protection Improvements fully executed no later than April 30, 2008 and shall make best efforts to commence construction of the Livermore Flood Protection Improvements by no later than July 1, 2008 and to complete construction no later than August 31, 2009. AUTHORITY agrees to cooperate in permitting and implementing the construction of the Livermore Flood Protection Improvements 3.4 LIVERMORE anticipates entering into an agreement with Zone 7 that will reimburse LIVERMORE for a portion of the costs LIVERMORE incurs in designing and construction of the Livermore Flood Protection Improvements, as well as other flood protection improvements as part of a larger flood protection project compatible 5 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton