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4. IMPLEMENTATION OF EL CHARRO ROAD IMPROVEMENTS <br />BYAUTHORITY OR BY PLEASANTON <br />4.1 If LIVERMORE has not commenced construction or installation of the El <br />Charro Road Improvements by the date that PLEASANTON's annexation of Staples <br />Ranch Property becomes effective, then PLEASANTON shall become the <br />Constructing Agency unless LIVERMORE and PLEASANTON have mutually <br />agreed otherwise in writing. <br />4.1.1 LIVERMORE agrees to pay to PLEASANTON one million dollars <br />towards the El Charro Interchange Phase 1 Improvements (as defined in the <br />Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604) <br />which shall then be credited against the LIVERMORE'S share of the Ultimate <br />Interchange costs. LIVERMORE shall remit payment to PLEASANTON within <br />30 days of when PLEASANTON notifies LIVERMORE that there has been <br />substantial completion of the northbound to westbound loop of the Caltrans I- <br />580/Fallon Road Interchange Modification Project No. 04-257604. <br />4.1.2 If PLEASANTON is the Constructing Agency, PLEASANTON will also <br />construct or cause to construct, at no cost to LIVERMORE or AUTHORITY, any <br />modifications or change orders required to be made to the Caltrans I-580/Fallon <br />Road Interchange Modification Project No. 04-257604 for the El Charro Road <br />Interchange Improvements that are necessary to accommodate the El Charro Road <br />Improvements or any other interchange modifications identified in the Staples <br />Ranch Project EIR. To the extent that the interchange modifications are part of the <br />design for the Ultimate Interchange, the costs of these modifications shall then be <br />credited against PLEASANTON'S share of the Ultimate Interchange costs. <br />4.2 If PLEASANTON becomes the Constructing Agency, AUTHORITY agrees <br />to pay for the full cost to construct the El Charro Road Improvements and the <br />Freisman Road Relocation Improvements. The Freisman Road Relocation <br />Improvements shall be bid as a separate cost item and the improvement costs tracked <br />separately from the El Charro Road Improvements costs. The Freisman Road <br />Relocation Improvements shall be built to LIVERMORE standards. <br />4.3 LIVERMORE agrees to cooperate in permitting and implementing the <br />construction of the El Charro Road Improvements and the Freisman Road Relocation <br />Improvements. LIVERMORE shall obtain all necessary right of way within the City <br />of Livermore for the El Charro Road Improvements and the Freisman Road <br />Relocation Improvements at no cost to the AUTHORITY or PLEASANTON. <br />LIVERMORE further agrees that the Freisman Road Relocation Improvements are <br />not required to be above the 100-year flood if paid for by AUTHORITY and the El <br />Charro Road Improvements shall be built to PLEASANTON standards. The portion <br />of the Freisman Road Relocation Improvements for Jack London Boulevard as shown <br />on Exhibit must be built above the 100-year flood zone. <br />8 <br />Cost Shazing Agreement <br />Surplus Property Authority, Livermore and Pleasanton <br />