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LIVE ORE <br /> C A L I F O R N I A A <br /> January 13, 2011 <br /> Subject: Agreement to Extend Designation of Constructing Agency to City of Livermore <br /> Beyond Staples Ranch Annexation Date <br /> The provisions of Section 2.1 of the Cost Sharing Agreement between the <br /> Surplus Property Authority of Alameda County, City of Livermore, and City of Pleasanton, <br /> dated September 7, 2007, designate the City of Livermore as the Constructing Agency, <br /> provided the construction of Roadway and Flood Control Improvements begin prior to <br /> annexation of Staples Ranch. The Agreement further allows, if mutually agreed to in <br /> writing, the parties to designate the City of Livermore as the Constructing Agency if <br /> construction does not occur prior to Pleasanton's annexation of Staples Ranch. <br /> Annexation is anticipated to occur in the first quarter of 2011, and construction of <br /> improvements is scheduled to begin in the spring of 2011. The City of Livermore has <br /> overseen the design of these improvements and has obtained environmental permits and <br /> FEMA CLOMR for the Improvements. <br /> By their signatures below, the parties to the Cost Sharing Agreement between <br /> Surplus Property Authority of Alameda County, City of Livermore, and City of Pleasanton, <br /> dated September 7, 2007, mutually agree that the City of Livermore shall be the <br /> designated Constructing Agency for the Road and Flood Control Improvements, even if <br /> construction of the Roadway and Flood Control Improvements commences after <br /> Pleasanton's annexation of Staples Ranch has occurred. <br /> Notwithstanding the above, the parties also mutually agree that, in the event the City of <br /> Livermore has not awarded a construction contract for the El Charro Road and Flood <br /> Control Improvements by May 31, 2011, the City of Pleasanton may determine that being <br /> the Constructing Agency is necessary to proceed with the Staples Ranch development. <br /> As such, the City of Pleasanton may be designated the "Constructing Agency" 15 days <br /> after notifying the other parties in writing and provided Pleasanton has all required <br /> permits and funding necessary to undertake such construction. <br /> .-elkh <br /> Cheri R. Sheets, City Engineer <br /> City of Livermore <br /> City Hall 1052 South Livermore Avenue www.ci.livermore.ca.us <br /> Livermore, CA 94550 TDD: (925) 960-4104 <br />