Gravel Pits. 8.10.1 Subject to Section 8.10.2 and to any third party interests in the subject land or “Material” (which term as used in this Section 8.10 has the meaning ascribed to it in the Gravel Licence) therein, and subject to the limitations, terms and conditions set forth in this Agreement, Part 7 of Schedule 4 [Gravel Pits and Form of Gravel Licence] and the Gravel Licences, the Concessionaire may enter on, occupy and use the Gravel Pits for the purposes of construction staging and extraction, processing, storage, and removal of Material for use by the Concessionaire or its contractors or subcontractors in order to perform the Operations. The Concessionaire will not use or permit the use of the Gravel Pits or Material extracted from the Gravel Pits for any other purpose.
Gravel Pits. (a) The Grantor shall use its commercially reasonable efforts to ensure that the Concessionaire shall be entitled to extract gravel from the gravel pits identified in Schedule 2.20(a) (the “Gravel Pits”) without payment of any fee or charge for use by the Concessionaire or its contractors in order to fulfil its obligations and perform under this Agreement, but for no other purpose. For greater certainty, the Concessionaire shall not be entitled to sell or otherwise licence or dispose of material from the Gravel Pits to any third party except its contractors in fulfilling the Concessionaire’s obligations and performing under this Agreement, or to otherwise use the Gravel Pits for any purpose other than the performance of the Concessionaire’s obligations hereunder.
Gravel Pits. In the late 1960s a new road project in Xxxxxxxx County was in need of crushed stone for road bedding material. The owners of the Boys’ Home sold soil and stones from a 15 acre area situated on the southern end of the property. The machinery removed soil up to 15 ft. in depth in this pit. (Levy 2013). This disturbance has been confirmed by shovel testing (See Ferry Farm Dovetail Survey 2007 - Xxxxxxx- Xxxxxxxx and Xxxxxxxx, p.33). This photograph from around the time the property was acquired by Walmart shows the extent of the Gravel Pits. This photograph and Figure 5 are particularly helpful in determining the extent of the mining activity. Proposed Walmart Boundaries Gravel Pits Figure 3. Area Containing Gravel Pits C. 1994 (Looking North). These topo maps demonstrate the amount of disturbance in this area. Approx. location of Ferry Farm Visitor Center Figure 4. 1963 – No Evidence of Gravel Pits on the Southern End of the Property. N N Figure 5. 1966 USGS Topo Map –Disturbed Area Shaded in Green. The Area 3 – Early 20th century Farm Support Building Complex.
