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1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br />6 <br /> <br />7 <br /> <br /> 8 <br /> <br /> 10 <br /> 11 <br /> 12 <br /> 13 <br /> 14 <br /> 15 <br /> 16 <br /> 17 <br /> 18 <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> 24 <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 29 <br /> <br /> 31 <br /> 32 <br /> 33 <br /> 34 <br /> 35 <br /> <br />I]en I]ulk, I]aut~lass <br /> & Anderson <br /> <br /> construction, improvement and maintenance of the E1 <br /> <br /> Charro Route, from public road to public road, as <br /> needed, in order to permit the accomplishment of the <br /> use of the E1 Charro Route by Lone Star Traffic in a <br /> reasonably safe and efficient manner. "Reasonably <br /> safe and efficient manner", as used in this Paragraph 9, <br /> shall meal] compliance with the minimum standards speci- <br /> fied by applicable public authority in charge of highway <br /> and road safety, with jurisdiction over the E1 Charro <br /> <br /> Route area, together with, and subject to such other <br /> standards as may be agreed upon by Kaiser, Rhodes- <br /> <br />Jamieson and Lone Star prior to the commencement of the <br />use of the E1 Charro Route. However, only costs of main- <br />tenance needed at the time of commencement of the use of <br />the E1 Charro Route by Lone Star and costs of any con- <br />struction and improvements as are needed due to the <br />intended use of the E1 Charro Route by Lone Star Traffic <br />shall be considered "necessary" under this Paragraph 9. <br />Notwithstanding any other provision of this Paragraph 9, <br />at least the following improvements to the E1 Charro Route <br />shall be made prior to commencement of use of the E1 Charro <br />Route by Lone Star Traffic: Those improvements described <br />on pages D-2 through D-8 of Exhibit D, hereto, which are <br />incorporated by reference. Kaiser, Rhodes-Jamieson and <br />Lone Star shall meet and attempt to reach agreement con- <br />cerning any additional improvements to the E1 Charro Route, <br />at least two years prior to the termination of the <br />Injunction Period. Notwithstanding any other provision of <br />this Agreement, Lone Star shall not incur, share or pay the <br />expenses for any construction, improvement or maintenance <br />commenced on the E1 Charro Route prior to June 30, 1993. <br />Not later than July 1, 1993, Lone Star shall notify Kaiser <br />and Rhodes-Jamieson that it intends to use the E1 Charro <br />Route. Failure to give such notification shall not affect <br />the rights of City uuder thLs Agreement in any manner <br />whatsoever. Any work required to be completed on the <br /> <br />-14- <br /> <br />TEL, (415) 254-7400 <br /> <br /> <br />