STAPLES RANCH PRE-DEVELOPMENT - Laserfiche WebLink

or has caused one or m<;lre developers to post, performance and payment bonds in compliance with Section 14, assuring completion of all EI Charro and Intersection Improvements, and (ii) Pleasanton has posted, or has caused one or more developers of the Staples Ranch Project to post, performance and payment bonds consistent with Section 14, assuring completion of all Pleasanton Additional Improvements. Pleasanton also shall not, under any circumstances, allow the commencement of any building or other work of improvement (a~ defined in California Civil Code section 31(6), excepting any site improvement (as defined in California Civil Code section 3102), for any project, development or other construction within the Staples Ranch Project unless and until grading has commenced for construction of the EI Charro and Intersection Improvements. 6.4 Completion; Certificates of Occupancy within Staples Ranch Property. Pleasanton 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 portion of the Staples Ranch Property to be accessed from the EI Charro/Jack LondonlStoneridge Intersection unless and until (i) all requirements set forth in Section 6.3 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 El Charro and Intersection Improvements Diagram, (iii) Pleasanton has Substantially Completed, or caused the Substantial Completion of, all Pleasanton Additional Improvements in accordance with thePleasanton Additional Improvements Diagram, (iv) any portion of the right-of-way for El 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 Pleasanton are certified by Pleasanton as complete or Substantially Complete, and (vi) not less than a thirty (30)-foot long segment of the public ,right-of-way for Freisman Road at the EI Charro Road / Freisman Road intersection existing as of the Effective Date and has been formally abandoned by Livermore. In addition to and without limiting the provisions of Section 3.7(c), until such time as Pleasanton has accepted for ownership and maintenance all Improvements located within Pleasanton, Pleasanton shall, at no cost or expense to the Quarry Owners or other parties a,nd in accordance with all applicable laws, be responsible for maintenance, repairs and replacement of all such Improvements. 7. CONTINUOUS ACCESS TO QUARRY LANDS. 7.1 Applicable Law. The Jurisdictions each acknowledge that it is vital to the continued viability of the Quarry Owners and Quarry Lands-related businesses and operations that EI Charro Road remains fully available for continuous and uninterrupted truck use between the Quarry Lands and 1-580, without any Prohibited Access Restrictions. No Jurisdiction may adopt, or initiate enforcement of, any Prohibited Access Restriction. Each Jurisdiction shall, pursuant to its general police power and at such Jurisdiction's cost and expense, take all appropriate steps to ensure that the applicable portions of El Charro Road within the Jurisdiction shall relnain free and clear of any Prohibited Access Restrictions. None of the Improvements or the construction thereof in strict accordance with the terms of this Agreement shall be deemed to constitute such a Prohibited Access Restriction. Vulcan acknowledges that Quarry Lands-related truck traffic on public EI Charro Road is currently and shall remain subject to generally applicable provisions of vehicle and traffic control requirements under State and Federal law and to reasonable speed limit requirements established and enforced by the applicable controlling Jurisdiction in a manner that does not discriminate against the Quarry Owners or their respective Representatives or contractors or the businesses or operations conducted on the Quarry Lands. 7.2 County. During the term of SMP-16 or any other permit held by Vulcan or its successors for any portion of the Vulcan Properties, County.shall not initiate or assist in, and the County, at no cost to Vulcan, shall take any and all appropriate actions to oppose, annexation of any porti~n of EI 002483.0004\793691.13 15