2013-01-04_REVISION - M1977193 - Laserfiche WebLink

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purposes stated in this paragraph 10, without the consent and agreement in writing of the City being first had and obtained. (a) The roadway and other facilities provided for in this License are intended to accommodate and be used for vehicular traffic, including most specifically heavy truck traffic, associated with Licensee's mining and other operations on property adjacent to, west and northwest of the premises and to remove such heavy truck traffic from Tunnel Drive for the purposes of reducing the City's street maintenance burdens on Tunnel Drive and to mitigate aural and visual impacts upon neighboring residential properties. Licensee's rights and privileges hereunder, in addition to other considerations provided for herein, are made available in consideration of the following specific agreements by Licensee. (b) Licensee agrees: (i) Except as provided at subparagraph (ii), that all truck traffic to and from Licensee's mining properties and operations in the vicinity of Licensee's mine shall be routed onto and over the facilities, once constructed, so that all trucks, tractors and trailers owned or controlled by Licensee and all similar vehicles owned or controlled by others doing business with Licensee which are used to haul goods, materials, products or equipment to and/or from the Licensee's mining properties and other operations shall use the facilities and not use that segment of Tunnel Drive that is west of the intersection of Tunnel Drive and the roadway that is part of such facilities (hereinafter sometimes called the "facilities roadway "). (ii) That the only exceptions to the requirement set forth at subparagraph (i) above are: (1) When the facilities roadway is closed or otherwise unusable due to Licensee's construction, maintenance or repair activities permitted or required hereunder, provided that such construction, maintenance or repair activity is being diligently pursued by Licensee in a workmanlike manner; (2) When extreme weather conditions are causing or have caused circumstances which render the operation of heavy trucks and vehicles on the facilities roadway unsafe or unnecessarily dangerous; provided that similar conditions do not exist on Tunnel Drive, if Tunnel Drive is used as an alternative means of ingress and egress to and from Licensee's property, and further provided that such alternative access shall not continue beyond a time when it again becomes safe for heavy trucks and vehicles to use the facilities roadway. 4