STAPLES RANCH PRE-DEVELOPMENT - Laserfiche WebLink

other parties of such action and potential delay; (ii) take reasonable steps to resolve the matter and limit the length of any delay; and (iii) have the time period for construction of the Pleasanton Additional Improvements extended by a reasonable period of additional time corresponding to such delay. 5.2 Modifications to the Pleasanton Additional Improvements. The Pleasanton Additional Improvements shall only be subject to Material Modification pursuanUo an amendment to this Agreement consistent with Section 18.3. Upon execution of any such amendment, a revised Pleasanton Additional Improvements Diagram evidencing the agreed-upon changes shall be incorporated into this Agreement as a revised Exhibit 0 hereto. 6. BONDING; BUILDING PERMITS; CERTIFICATES OF OCCUPANCY 6.1 Bonding; Building Permits within EI Charro Specific Plan Area. Livermore shall not, under any circumstances, issue any building permits for any project, development or other construction within the Prime Outlets Project or the EI Charro Specific Plan Area unless and until (i) the Constructing Jurisdiction has posted, or has caused one or more developers to post, performance and payment bonds in compliance with Section 14, assuring completion of all EI Charro and Intersection Improvements; and (ii) Livermore has posted, or has caused one or more developers of projects within the EI Charro Specific Plan Area to post, performance and payment bonds consistent with Section 14, assuring completion of all Livermore Additional Improvements. Livermore also shall not, under any circumstances, allow the commencement of any building or other work of improvement (as ,defined in California Civil Code section 3106), excepting any site improvement (as defmed in California Civil Code section 3102), for any project, development or other construction within the Prime Outlets Project or the EI Charro Specific Plan Area unless and until grading has commenced for construction of the EI Charro and Intersection Improvements. 6.2 Completion; Certificates of Occupancy within EI Charro Specific Plan Area. Livermore shall not, under any circumstances, issue any certificate of occupancy for any occupancy or use of any new project, development or other construction within the Prime Outlets Project or the EI Charro Specific Plan Area unless and until (i) all requirements set forth in Section 6.1 have been fully implemented; (ii) the Constructing Jurisdiction has Substantially Completed, or caused the Substantial Completion of, all EI Charro and Intersection Improvements in accordance with the EI Charro and Intersection Improvements Diagram, (iii) Livermore has Substantially Completed, or caused the Substantial Completion of, all Livermore Additional Improvements in accordance with the Livermore Additional Improvements Diagram, (iv) any portion of the right-of-way for EI Charro Road containing any portion of the Improvements and located as of the Effective Date within unincorporated County (which portion of right-of-way shall be described in the Dedication Deed) has been accepted by County or Pleasanton for ownership by recordation of the Dedication Deed, (v) any and all Improvements located within Livermore are certified by Livermore as complete or Substantially Complete, and (vi) the portion of tht? public right-of-way for Freisman Road existing or offered for dedication as of the Effective Date and marked as "to be abandoned" on the EI Charro and Intersection Improvements Diagrams and/or Livermore Additional Improvements Diagram has been fOflnally abandoned by Livermore. In addition to and without limiting the provisions of Section 3.7(c), until such time as Livermore has accepted for ownership and maintenance all Improvements located within Livermore, Livermore shall, at no cost or expense to the Quarry Owners or other parties and in accordance with all applicable laws, be responsible for maintenance, repairs and replacement of all such Improvements. 6.3 Bonding; Building Permits within Staples Ranch Property. Pleasanton shall not, under any circumstances, issue any building permits for any project, development or other construction within the portion of the Staples Ranch Property which lnaY be accessed from the EI Charro/Jack LondonlStoneridge Intersection unless and until (i) the Constructing Jurisdiction has posted, 002483.0004\793691.13 14