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3.6 If LIVERMORE is unable to negotiate an acceptable reimbursement agreement <br />with Zone 7 for the Livermore Flood Protection Improvements within or in the <br />vicinity of the El Charro Specific Plan, but LIVERMORE still wishes to proceed <br />with the Livermore Flood Protection Improvements or the Minimum Livermore <br />Flood Protection Improvements, the AUTHORITY shall contribute 50% of the <br />actual cost of the Livermore Flood Protections Improvements or the Minimum <br />Livermore Flood Protection Improvements, up to a total of $1 million. Under no <br />circumstances shall the AUTHORITY be obligated to provide more than $1 <br />million even if LIVERMORE'S total costs for the Livermore Flood Protection <br />Improvements exceed $2 million. The AUTHORITY agrees to provide the funds <br />provided for in this paragraph within thirty days of LIVERMORE'S notifying the <br />AUTHORITY in writing that it has awarded a contract for the construction of the <br />Livermore-Flood Protection Improvements and issued a notice to proceed. <br />AUTHORITY'S payment of funds to LIVERMORE pursuant to this paragraph <br />shall release AUTHORITY, PLEASANTON, and the Staples Ranch Property <br />developers from any further payment towards the construction, maintenance or <br />related mitigation for the Livermore Flood Protection Improvements. <br />4. IMPLEMENTATION OF EL CHARRO ROAD IMPROVEMENTS <br />BYAUTHORITY OR BY PLEASANTON <br />4.1 If PLEASANTON is the Constructing Agency pursuant to the terms of the <br />Vulcan Agreement and, unless LIVERMORE and PLEASANTON have mutually <br />agreed otherwise in writing, the following shall be applicable. <br />4.1.1 LIVERMORE agrees to pay to PLEASANTON one million dollars <br />towards the El Charro Interchange Phase 1 Improvements (as defined in the <br />Caltrans I-580/Fallon Road Interchange Modification Project No. 04-257604) <br />which shall then be credited against the LIVERMORE'S share of the Ultimate <br />Interchange costs. LIVERMORE shall remit payment to PLEASANTON within <br />30 days of when PLEASANTON notifies LIVERMORE that there has been <br />substantial completion of the northbound to westbound loop of the Caltrans I- <br />580/Fallon Road Interchange Modification Project No. 04-257604. <br />4.1.2 PLEASANTON will also construct or cause to construct, at no cost to <br />LIVERMORE or AUTHORITY, any modifications or change orders required to <br />be made to the Caltrans I-580/Fallon Road Interchange Modification Project No. <br />04-257604 for the El Charro Road Interchange Improvements that are necessary <br />to accommodate the El Charro Road Improvements or any other interchange <br />modifications identified in the Staples Ranch Project EIR. To the extent that the <br />interchange modifications are part of the design for the Ultimate Interchange or <br />modifications to the Ultimate Interchange are mutually agreed upon by <br />LIVERMORE and PLEASANTON, the costs of these modifications shall then be <br />credited against PLEASANTON'S share of the Ultimate Interchange costs. <br />8 <br />Cost Sharing Agreement <br />Surplus Property Authority, Livermore and Pleasanton <br />