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stockpiled material and in the event that LIVERMORE requests placement to <br />accommodate the roadway improvements, LIVERMORE will pay for compaction. If <br />AUTHORITY constructs the "Minimum Livermore Flood Protection Improvements" <br />project, LIVERMORE shall not require AUTHORITY to place excess excavation <br />material in a manner suitable for use as road embankments. <br />5.5 If the AUTHORITY proceeds with the construction of the Livermore <br />Flood Protection Improvements or the Minimum Livermore Flood Protection <br />Improvements pursuant to Section 5 herein, and if not already obtained by <br />LIVERMORE, AUTHORITY shall obtain a CLOMR and LOMR for the same <br />affected area as described in Section 3.3 as well as any other required permits for the <br />construction of the Livermore Flood Protection Improvements or the Minimum <br />Livermore Flood Protection Improvements at no expense to LIVERMORE. <br />5.6 If the AUTHORITY takes over the construction of the Livermore Flood <br />Protection Improvements or the Minimum Livermore Flood Protection Improvements <br />pursuant to Paragraphs 5.2 and 5.3 above, LIVERMORE agrees that, prior to the <br />approval of any Final Map or issuance of any building permit within the El Charro <br />Specific Plan Area, or prior to LIVERMORE's constructing of any extension of Jack <br />London Boulevard to El Charro Road, LIVERMORE shall pay to the AUTHORITY <br />50% of the actual costs of the Livermore Flood Protection Improvements or the <br />Minimum Livermore Flood Protection Improvements up to a total of $1.0 million, <br />less any actual costs LIVERMORE has incurred for design, permitting, lease of land <br />payments, mitigation, or construction that are directly attributable to the Livermore <br />Flood Protection Improvements or the Minimum Livermore Flood Protection <br />Improvements, and shall, upon the first issuance of a Final Map or building permit <br />within the El Charro Specific Plan area, or upon commencement of constructing Jack <br />London Boulevard to El Charro Road, take over from the AUTHORITY any lease of <br />land payments and/or any maintenance costs of the Improvements. <br />5.7 LIVERMORE's payment to the AUTHORITY shall be reduced to the extent <br />that Zone 7 agrees to reimburse AUTHORITY for the cost of the design, permitting <br />and construction of the Livermore Flood Protection Improvements, including any <br />mitigation costs. If AUTHORITY'S cost for the Livermore Flood Protection <br />Improvements or the Minimum Livermore Flood Protection Improvements is less <br />than $2 million following reimbursement by Zone 7, LIVERMORE'S payment <br />obligation to AUTHORITY shall be reduced accordingly to represent a 50% share of <br />non-reimbursed costs. <br />5.8 If LIVERMORE has not paid AUTHORITY the amount set forth in <br />paragraph 5.6 within 12 months of the substantial completion of the Livermore Flood <br />Protection Improvements, interest shall accrue on the total amount due at the then <br />current Local Agency Investment Fund rate until payment is made. <br />12 <br />Cost Sharing Agreement <br />Surplus Property Authority, Livermore and Pleasanton <br />