STAPLES RANCH COST SHARING AGREEMENT

65% plans, and 14 calendar days after receipt of the 95% plans. The parties shall meet and confer as soon as practical to discuss and attempt to resolve any comments made by PLEASANTON OR THE AUTHORITY concerning the construction plans. Disputes resulting from the parties' inability to resolve issues arising from any party taking exception to LIVERMORE'S design of the project or the comments submitted by PLEASANTON or AUTHORITY on the design of the project construction plans shall be resolved in accordance with Section 23 of this Agreement. 2.1.c If LIVERMORE is the initial Constructing Agency, LIVERMORE shall inspect the construction of the El Charro Road Improvements. PLEASANTON may also, at no cost to LIVERMORE, inspect the construction of the El Charro Road Improvements to ensure that the Improvements conform to the approved plans and specifications and meet the requirements of existing PLEASANTON codes, ordinances and standards as if constructed within PLEASANTON's jurisdiction. If LIVERMORE has not commenced construction of the El Charro Road Improvements by the date that PLEASANTON' S annexation of the Staples Ranch Property becomes effective, PLEASANTON shall be the Constructing Agency unless LIVERMORE and PLEASANTON have agreed otherwise in writing. If PLEASANTON is the Constructing Agency, the provisions of Section 4 shall apply. 2.2 In the event Livermore is the Constructing Agency, then in no event shall AUTHORITY, PLEASANTON or the Staples Ranch Property developers be responsible for any costs or expenses relating to the Freisman Road Relocation Improvements. 2.3 LIVERMORE agrees to pay to PLEASANTON One Million dollars towards the El Charro Interchange Phase 1 Improvements (as defined in the Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604) which shall then be credited against LIVERMORE's share of the Ultimate Interchange costs. LIVERMORE shall remit payment to PLEASANTON within 30 days of when PLEASANTON informs LIVERMORE that there has been substantial completion of the northbound to westbound on loop of the Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604. 2.4 LIVERMORE will also construct or cause to construct, at no cost to PLEASANTON or AUTHORITY, any modifications or change orders required to be made to the approved Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604 that are necessary to accommodate the El Charro Road Improvements or interchange modifications identified in the EI Charro Specific Plan Final EIR. To the extent that the interchange modifications are part of the design for the Ultimate Interchange, or modifications to the Ultimate Interchange are mutually agreed upon between LIVERMORE and PLEASANTON, the costs of these modifications shall then be credited against LIVERMORE's share of the Ultimate Interchange costs. LIVERMORE and PLEASANTON agree to work together to secure Caltrans approval of any additional improvements required for the Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604. Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton