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1 <br /> <br />3 <br /> <br /> 5 <br /> 6 <br /> 7 <br /> 8 <br /> 9 <br /> ~0 <br /> ll <br /> 12 <br /> 13 <br /> 14 <br /> 15 <br /> 16 <br /> <br /> 19 <br /> <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 />Bulk B~ughss <br />K Ande~s~n <br /> <br /> for a period of several years to negotiate a settlement which will <br /> recognize and provide for the needs of all the parties. <br /> <br /> AGREEMENT <br /> In order to eliminate the need for further proceedings <br /> in this litigation and to provide a permanent solution to the <br /> problem of the use of City's streets by trucks transporting the <br /> quarry products of the companies' said gravel quarries, KAISER <br /> SAND & GRAVEL COMPANY, a Delaware corporation ("Kaiser"), LONE <br /> STAR INDUSTRIES, INC., a Delaware corporation ("Lone Star"), <br /> RHODES-JAMIESON, a California corporation ("Rhodes-Jamieson"), and <br /> CITY OF PLEASANTON, a municipal corporation, ("City") hereby agree <br /> by way of compromise and settlement as follows: <br /> <br /> 1. Ordinance No, 954 shall be fully enforceable against <br />Kaiser Traffic, Rhodes-Jamieson Traffic and Lone Star Traffic (as <br />hereinafter defined) on and after July 1, 1995 and said traffic <br />shall not use City's streets after June 30, 1995 except for the <br />use of the E1 Charro Route (as hereinafter defined) in the event <br />that all or any part of said route becomes a public street to the <br />extent that such public street is within the corporate limits of <br />the City of Pleasanton, except for the use of an Alternate Route <br />(as hereinafter defined) by Lone Star Traffic in the circumstances <br />described in Paragraph 5(a) of this Agreement to the extent that <br />any portion of such Alternate Route is within the corporate limits <br />of the City of Pleasan~on, except as may be necessary for making <br />local deliveries as provided in Section 35703 of the Vehicle Code <br />of the State of California and the ordinances of the City, or <br />except as may be necessary for Lone Star Traffic to gain access to <br />the Kaiser property for its use of the E1 Charro Route. <br /> <br /> 2. Prior to June 30, 1995 (the "Injunction Period"), <br />the City, and each and all of its agents, officers, employees and <br />representatives, and all persons acting in concert and partici- <br />pating with it, shall not enforce, and shall be enjoined and <br />~:e~trained ~rom enforc_~ng or attempting to enforce, or causing <br /> <br />~to be enforced, ~he C~rdinance aga.~ust any and all of the following: <br /> <br /> (a) Kaiser, its customers, persons and/or entities <br /> serving it and/or its customers, persons and/or entities <br /> <br /> -5- <br /> <br /> <br />