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AGREEMENT

NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Designated Roads

submitting an updated version of Appendix A to County that includes such additional roads and
performing an Initial Evaluation (as defined below), on such additional roads and submitting an amended Appendix B (as described below). Upon approval of said updated versions of Appendices A and B by County Engineer, which approval shall not be unreasonably conditioned, withheld or delayed, 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.

1.2 Use of Designated Roads. In addition to identifying the Designated Roads, Appendix A will identify the routes over the Designated Roads that will be used for: (i) transportation and delivery materials, equipment, labor force and related components to be used in connection with the Project; (ii) transportation leaving the Project site following delivery of equipment and components and other materials and equipment; (iii) movement of loading, unloading and construction equipment; (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. In connection with the development and construction of the Project, County hereby acknowledges and agrees that the Developer Parties may use the Designated Roads at any time, seven (7) days a week.

1.3 Evaluation of Designated Roads. Following the initial identification and agreement of the Designated Roads pursuant to Section 1.1 but no later than six months (6) months prior to the start of the construction on the Project, Developer shall, at its own expense, hire a qualified independent engineer to inspect and assess all Designated Roads infrastructure and traffic impacts to provide a report (“Initial Evaluation”) which upon being provided to County Engineer will become Appendix B of this Agreement. The traffic impact analysis shall address all existing traffic patterns, estimate traffic volume increases and recommend improvements necessary to accommodate the project.

1.4 Examination of Designated Roads. County Engineer shall inspect all construction and repair activities by Developer that impact the Designated Roads unless the Board of Supervisors designates another qualified engineer to complete such inspections or perform any actions otherwise to be completed by County Engineer pursuant to this Agreement (“Designated Engineer”). All reasonable compensation, wages, mileage, and other legitimate expenses incurred in relation to such inspection for the Project by County Engineer or said Designated Engineer will be [reimbursed] by Developer.