STAPLES RANCH PRE-DEVELOPMENT - Laserfiche WebLink

owner's property and (ii) promptly executes and delivers to Livermore all documents required to evidence such consent to recordation. Livermore shall promptly thereafter record each such Memorandum of Agreement. Without limiting the preceding provisions of this Section 10.4(a), Livermore shall record the Memorandum of Agreement on title to the Prime Outlets Property not later than five (5) days after the Effective Date. If Livermore fails to record any particular Memorandum of Agreement as set forth herein, any other party lnaY so record the Memorandum of Agreement, and shall promptly notify the other parties of such recordation. (b) Other Parties. Concurrently with their execution of this Agreement, the other parties shall duly execute original counterparts of the Memorandum of Agreement and promptly deliver such fully-executed original counterparts to County. County shall promptly thereafter record the MemoraJ;ldum of Agreement on title to the Staples Ranch Property. If County fails to record the Memorandum of Agreement, any other party may so record the Memorandum of Agreement, and shall promptly notify the other parties of such recordation. 11. NONINTERFERENCE 11.1 Livermore. Livermore acknowledges that Vulcan operates pursuant and subject to Vulcan's SMP issued by the County. Livermore acknowledges and agrees that any Livermore Land Use Approvals or other actions by Livermore related to the Livermore Projects or Vulcan's SMP (excluding modifications to Vulcan's SMP that increase the plant capacity or annual production limit set forth in Condition 50 of Vulcan's SMP) shall not interfere with Vulcan's rights under Vulcan's SMP and in all other respects shall be consistent with the provisions of this Agreement. 11.2 Pleasan,ton. Pleasanton acknowledges that Vulcan operates pursuant and subject to Vulcan's SMP issued by the County. Pleasanton acknowledges and agrees that any actions or approvals by Pleasanton related to the Staples Ranch Project or Vulcan's SMP (excluding modifications to Vulcan's SMP that increase the plant capacity or annual production limitset forth in Condition 50 Of Vulcan's SMP) shall not interfere with Vulcan's rights under Vulcan's SMP and in all other respects shall be consistent with the provisions of this Agreement. 11.3 County. County agrees that any actions by County related to Vulcan's SMP or any other operating or land use approval or license during the term of Vulcan's SMP, for operations or uses permitted and contemplated in Vulcan's SMP, shall not interfere with Vulcan's rights under Vulcan's SMP and in all other respects shall be consistent with the provisions of this Agreement. 11.4 Authority. Authority acknowledges that Vulcan operates pursuant and subject to Vulcan's SMP issued by the County. Authority acknowledges and agrees that any actions or approvals by Authority related to the Staples Ranch Project or Vulcan's SMP (excluding modifications to Vulcan's SMP that increase the plant capacity or annual production limit set forth in Condition 50 of Vulcan's SMP) shall not interfere with Vulcan's rights under Vulcan's SMP and in all other respects shall be consistent with the provisions of this Agreement. 11.5 Vulcan. (a) Livermore Projects. Subject to the provisions of this Agreement and the Jurisdictions' and the Authority's compliance therewith, Vulcan and its Representatives shall not challenge or oppose Livermore's certification of the Livermore EIR or Livermore Land Use Approvals for any particular Livermore Project, provided that: (i) such certification and Land Use Approvals are consistent with the provisions of this Agreement; (ii) Livermore reasonably establishes that the traffic, circulation and transportation impacts of such Livermore Project are no greater than analyzed in the 002483.0004\793691.13 20