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18
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2007
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090407
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18
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8/30/2007 5:19:51 PM
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8/30/2007 5:19:51 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/4/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
18
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Exhibit B is the schedule by which the parties will work cooperatively together to <br />relocate the Asphalt Plant by the Relocation Date. <br />Notwithstanding the foregoing to the contrary, on or before October 1, 2007 <br />Granite may request in writing to the County that the Stop Production Date and the <br />Relocation Date be extended to a specified date in order to allow Granite to relocate the <br />Asphalt Plant to an Offsite Location. The County, in its sole discretion, may accept or <br />reject said request, but must do so in writing within 60 days after receipt of Granite's <br />written request or it will be deemed accepted. <br />3.6.2 Painting and Vegetation Screening: <br />After the Asphalt Plant is moved to the New Location, Granite will paint it a <br />neutral color. In addition, Granite will provide, at the New Location, screening vegetation <br />that is reasonably acceptable to the County. <br />4.0 Cost Structure and Allocation: <br />Moving the Asphalt Plant to the New Location or to the Offsite Location is <br />estimated to cost approximately $1,100,000. <br />The cost of the relocation will be paid as follows: The first sums to be spent will <br />be from "City Payment" funds as described in Section 3.1 (including an amount equal to <br />interest earned in the escrow account until the amount held in escrow is withdrawn). <br />The remaining costs for moving to the New Location or an Offsite Location that is owned <br />or controlled by CEMEX will then be paid by dollar for dollar (50% / 50%) contribution of <br />Granite and CEMEX or, in the alternative, if Granite elects to relocate the Asphalt Plant <br />to the Offsite Location that is not owned or controlled by CEMEX, then the remaining <br />costs will be paid entirely by Granite; all as described in Section 3.2. <br />5.0 Issuance of Building Permit: <br />Upon the execution of this MOU, the County will promptly issue a building permit <br />for the installation of the odor abatement equipment on the Asphalt Plant at its New <br />Location. Subject to all necessary governmental permits and permissions, Granite will <br />promptly install on the Asphalt Plant said odor abatement equipment ("Abatement <br />Equipment"). <br />6.0 Release of CEQA, Public Nuisance, and Other Claims: <br />The County and City will release and waive all claims (e.g. CEQA/permitting <br />challenges) with respect to operation of the Asphalt Plant at its current and New <br />Location if (a) Granite and CEMEX are not in violation of this MOU and (b) the Asphalt <br />Plant, at both its current and New Location, is operated, in all material respects, in full <br />compliance with all of the following: <br />a) The County Permit requirements; <br />4 <br />
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