18 - Laserfiche WebLink

Memorandum of Understanding Between Granite Construction, Inc. and CEMEX, Inc. And The City of Pleasanton and the County of Alameda July 31, 2007 1. Purpose of this Memorandum of Understandings The purpose of this Memorandum of Understanding, hereinafter referred to as "MOU" or "Agreement", is to document and describe an agreement between Granite Construction, Inc. ("Granite") and CEMEX, Inc.("CEMEX"), and the City of Pleasanton ("City") and the County of Alameda ("County"). The subject of the MOU is the location and operation of Granite's asphalt plant ("Asphalt Plant") at CEMEX's Eliot quarry facility ("Property"). 2. Description of Asphalt Plant Operation Granite operates the Asphalt Plant, which is physically sited on CEMEX-owned property within the confines of CEMEX's Eliot quarry facility ("the Quarry"). CEMEX's Eliot quarry facility is located within the unincorporated area of Alameda County, California. The City and County have expressed the desire that Granite move the location of the Asphalt Plant from its present site to a new location, within the same CEMEX Property. The new location is currently being prepared by CEMEX and is located near Stanley Boulevard as shown on the attached Exhibit A ("New Location"). Granite requires an alternative that is exercisable in its sole discretion to move the Asphalt Plant to a location off the CEMEX Property. Granite is currently investigating the potential of an alternative location off the CEMEX Property ("Offsite Location"). The City and County have expressed concerns regarding the presence of the Asphalt Plant in its current location. Granite has asserted that the Asphalt Plant's present location is appropriate, is in compliance with all applicable permits, and has proposed measures to address public perception regarding the location of the Asphalt Plant at the Quarry. Nevertheless, in an attempt to settle this disagreement, Granite is willing to move the Asphalt Plant to the New Location or the Offsite Location, and CEMEX is prepared to assist Granite in achieving this relocation, subject to the following terms and conditions, as set forth in detail below.