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05/09/1997 09:56 7192758 MCDERMOTT LAW F~ PAGE 04 <br />Therefore, Tezak shall specifically require all Quarry <br />hauling trucks (both those awned by Tezak and customers <br />of the Quarry) and other vehicles associate~f with the <br />Quarry, Maintenance Shop and other operations associated <br />with either (with the exception of (1) personal vehicles, <br />(2 ) limited use by equipment haulin4 vehicles over 75 <br />feet in length or greater than 1b0,000 lbs, gross vehicle <br />weight and (3) due to conditions wholly heyond the <br />control of Tezak to use the alternate road ex~~lusively. <br />c. A completed application, drawings and specifications for <br />the alternate road shall be submitted by Tezak to the <br />appropriate government agencies within 30 days of the <br />date of this agreement, if such have not yet been <br />submitted. Tezak shall diligently pursue the g:rantinq of <br />necessary approvals and comply with requieste for <br />additional information in a timely manner. The alternate <br />road shall be completed and in operation within 90 days <br />of the issuance of City of Caton City ("City") approvals <br />and shall be paved within 90 days of the completion of <br />road construction. In no event shall the alternate road <br />be completed, in operation and paved later than 10 months <br />from the date of this agreement, barring unforeseen <br />circumstances or delays on the part of the City in <br />granting the necessary approvals. <br />d. To assure that the alternate road is located anclbuilt as <br />specified, the alternate road shall be co.natructed <br />pursuant to the design drawings and specifications most <br />recently submittefl to the City, including but not limited <br />to the berm on the south side of the alternate road. The <br />most recent drawings are those which were submitted to <br />the City fingineer during June and July 1996, and the <br />location drawing dated October 21, 1996. <br />e. To address dust, noise and other potential problems <br />associated with the use of the alternate road, the <br />alternate road shall be paved for the full length and <br />width of its travel surface onto Quarry propert•f. Until <br />paving is complete, adequate duet suppression measures <br />shall be installed. <br />To assure that duet is kept to a minimum on the completed <br />and paved alternate road, Tezak shall employ an adequate <br />dust control plan. <br />The Smiths and Everette are concerned that the eilternate <br />road may not significantly reduce noise and dust p*.Oblems <br />on their properties. Therefore, Tezak shall limit the <br />hours of operation of the Quarry (to include use of the <br />alternate road) from 5 AM to 9 PM Monday through Saturday <br />Page 2 <br />