Use of Designated Roads. In connection with the development, construction, operation and maintenance of the Project, the County hereby acknowledges and agrees that (DEVELOPER), its contractors and subcontractors and each of their respective agents, employees, representatives, and permitted assigns (collectively, the “Developer (s)”) shall use the roads and highways located in the County identified on Appendix B hereto (the “Designated Haul Routes”). These Designated Routes shall be used by all tandem axle or tri-axle trucks, equipment and assembled cranes both to and from the work site. Any other vehicles (cars, pickups and single axle dump trucks) associated with the Developer(s) Project are not limited to the Designated Haul Routes and thus may use any other alternate Steuben County Roads. The commissioner reserves the right to exclude certain County roads from the Designated Haul Routes if the loads hauled by the Developer do not significantly change that road’s traffic loading. Appendix B identifies the Designated Haul Routes that will be used for: (1) transportation and delivery of equipment and components and other materials and equipment to be used in connection with the Project;(2) movement of any assembled cranes, the route for which is set forth on Appendix B; and (3) transportation and delivery of local sources of materials, including concrete and gravel.
Use of Designated Roads. In connection with the development and construction of the Project, the County hereby acknowledges and agrees that the NEMO Parties may use those County roads within the Project Area, such roads to be more specifically identified in accordance with Section 2.6 on the Traffic Map (defined below) to be attached to this Agreement at least 45 days prior to Construction Start (defined below) as Exhibit B (such roads, including any bridges or box culverts, are collectively referred to as “Designated Roads”). The Designated Roads may be used by the NEMO Parties in connection with the development, construction, operation and maintenance of the Project, including the transportation of heavy equipment and materials within the Project Area. “Construction Start” means the date on which XXXX begins making improvements on and to the Designated Roads.
Use of Designated Roads. In connection with the development and construction of the Project, the County hereby acknowledges and agrees that the Developer Parties may use the Public Roadways at any time, seven (7) days a week, provided, however, that Developer Parties must obtain move permits as required for trips occurring on Public Roadways other than Designated Roads (“Haul Roads”). Permits for weekend moves must be obtained by Friday noon. Only Public Roadways under the jurisdiction of the Participating Road Authorities shall be considered for inclusion as Designated Roads in Appendix D-1. The Designated Roads may be used by the Developer Parties in connection with the development and construction of the Project, including the transportation of heavy equipment and materials within the Project Area. In addition to identifying the Designated Roads that will be used by the Developer Parties, Xxxxxxxx X-0 identifies the delivery flow plan and routes over the Designated Roads and Haul Roads that will be used for: (i) transportation and delivery of wind turbine equipment and components and other materials and equipment into and within the Project Area;
Use of Designated Roads. In connection with the development and construction of the Project, the County hereby acknowledges and agrees that the Developer Parties may use the roads located in the County identified on Appendix A hereto (the “Designated Roads”) at any time, seven (7) days a week. The Designated Roads may be used by the Developer Parties in connection with the development and construction of the Project, including the transportation of heavy equipment and materials to and from the Project. In addition to identifying the Designated Roads that will be used by the Developer Parties, Appendix A identifies the routes over the Designated Roads that will be used for: (i) transportation and delivery of wind turbine equipment and components and other materials and equipment to be used in connection with the Project; (ii) transportation leaving the Project site following delivery of wind turbine equipment and components and other materials and equipment; (iii) movement of the assembled cranes; (iv) transportation and delivery of locally sourced materials, including concrete and gravel and (v) transportation leaving the Project following delivery of locally sourced material, including concrete and gravel. The County agrees that, from time to time, the Developer may include additional roads as Designated Roads by first (A) submitting an updated version of Appendix A to the County that includes such additional roads and (B) performing an Initial Evaluation, on such additional roads and submitting an amended Appendix B. After submitting such updated versions of Appendices A and B to the County and performing the Initial Evaluation on the additional roads, Appendices A and B to this Agreement shall be automatically amended and restated as such updated versions of Appendices A and B without any further action required by either Party.
Use of Designated Roads. The parties’ respective rights to use and to permit others to use the Designated Roads are set forth in the Conservation Easement and the Deed and Reservation and such rights are not affected by this Agreement. Pursuant to the easement the parties, by mutual agreement, may add or remove segments of Designated Roads. Designated Roads for the term of this agreement are those shown on Exhibit B.
Use of Designated Roads
