08 ATTACHMENT 5 - Laserfiche WebLink

4.4 LIVERMORE agrees to fully cooperate in any mitigation requirements by other agencies required for the construction of the El Charro Road Improvements and the Freisman Road Relocation Improvements, including providing AUTHORITY with copies of any mitigation agreements between LIVERMORE and other parties that may impact the El Charro Road Improvements and/or Freisman Road Relocation Improvements. 4.5 LIVERMORE shall inspect the Freisman Road Relocation Improvements at no cost to PLEASANTON or the AUTHORITY and shall accept the road improvements in the same fashion as other road projects within LIVERMORE. Any costs of inspection shall be added to the Freisman Road Relocation Improvement construction costs. Following acceptance, maintenance of the Freisman Road Relocation Improvements shall be solely LIVERMORE'S responsibility. 4.6 Prior to LIVERMORE' S approving any Final Map or issuing any building permit within the El Charro Specific Plan area, or constructing any extension of Jack London Boulevard to El Charro Road, LIVERMORE shall pay to the AUTHORITY $2.0 million for the El Charro Road Improvements, plus 100% of the actual cost of the Freisman Road Relocation Improvements, for those Improvements shown on Exhibit not to exceed $1,120,000, plus any costs of mitigation required by other agencies,; provided, however, the $1,120,000 shall be reduced by either or both of the following items: (a) any costs beyond the original budgeted amount or (b) the elements of the Freisman Road Relocation Improvements that are required to be removed or replaced to complete the El Charro Specific Plan . LIVERMORE agrees to make this reimbursement requirement a condition of any development that is within the El Charro Specific Plan Area. 4.7 If LIVERMORE has not paid AUTHORITY the amounts set forth in paragraph 4.6 within 12 months of the substantial completion of the El Charro Road Improvements and the Freisman Road Relocation Improvements, the total amount due shall accrue interest at the current Local Agency Investment Fund rate until payment is made by LIVERMORE. 5. IMPLEMENTATION OF AUTHORITY FLOOD PROTECTION IMPROVEMENTS BY AUTHORITY 5.1 If LIVERMORE has not succeeded in obtaining the full execution of a CLOMR removing all of the Staples Ranch Property from the 100 year flood zone, settled all legal challenges against the El Charro Specific Plan and/or the El Charro Specific Plan EIR by January 1, 2008, secured all necessary permits and completed construction plans for the Livermore Floor Protection Improvements by April 30, 2008 or commenced construction for the Livermore Flood Protection Improvements by July 1, 2008, AUTHORITY shall, at its sole discretion, have the right to decide to pursue a flood control project ("Staples Ranch Flood Protection Alternative") that would not be located within the El Charro Specific Plan Area. The Staples Ranch Flood Protection Alternative would not remove the areas currently designated for 9 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton