STAPLES RANCH COST SHARING AGREEMENT

7.3 Notwithstanding the foregoing, if any of the following events occur, then the non-interference by LIVERMORE, its officers, agents and representatives described in Paragraph 7.2 above shall not be effective: 7.3.1 The Staples Ranch Project is approved with provisions precluding the future extension of Stoneridge Drive to El Charro Road; provided, however, the future extension of Stoneridge Drive to El Charro Road shall not be deemed precluded if the AUTHORITY reserves the full right of way for the Stoneridge Drive extension and an emergency vehicle access is shown to be constructed within the reserved right of way. 7.3.2 The Staples Ranch Project is approved without the following specific mitigation measure imposed for reducing the potential for complaints regarding operations at the Livermore Airport: The Senior Continuing Care Community on Staples Ranch will a) disclose to all potential residents the proximity of the Livermore Airport and the potential for noise and other nuisance from aircraft operations ; b) establish procedures, including a phone number, so that the on-site manager will be the initial contact to handle all airport noise complaints from residents; and c) agree to a Deed Rider on the conveyance of any property that states: Grantee hereunder acknowledges and agrees that the subject property is located in the vicinity of an active and operating general aviation airport, outside the City of Livermore's designated Airport Protection Area and 65 CNEL impact area. Grantee accepts possible and normal consequences including noise, light and vibration arising out of the proper operation of aircraft for current and future operations consistent with the 1975 Livermore Airport Master Plan and Grantee hereby acknowledges and agrees that no claim of nuisance shall lie based on the foregoing. Grantee shall not be deprived of any right it might have against any individual or private operator for negligent or unlawful operation of aircraft. Grantee hereby covenants to include this same paragraph, in its entirety, in any subsequent deed by Grantee of all or any portion of the subject property. Grantee further covenants to include this same paragraph within any lease for all or any portion of the subject property. All other property owners with development projects located on the Staples Ranch Property will also either record the Deed Rider or Livermore's standard Avigation Easement, a copy of which is attached as Exhibit G, upon the conveyance of their property. 14 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton