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<br />r, <br /> <br />13001<. D'P_ .PAG~ <br />, , <br /> <br />¡t.. <br /> <br />(d) The Hopkins agree that no tenant shall live in any trailer <br /> <br />or mobile home ort said real estate if they have not sought and obtained <br /> <br />a special exception or variance under the existing Mooresville zoning <br /> <br />Ordinance.. <br /> <br />(e) All haul roads, the driveway entrance for ingress and <br /> <br />egress, and the deacceleration lanes adjoining the highway shall also be <br /> <br />" <br /> <br />kept in a cleaned and orderly manner (within the <br /> <br />guidelines or limits <br /> <br />permitted by the Indiana State Highway Department on and along the State <br /> <br />-right-af-way area).. <br /> <br />The Hopkins shall continue to oil the driveway area <br /> <br />and ~hall continue "watering" in order to maintain dust control. In <br /> <br />addition thereto, the Hopkins shall keep the dirt and dust which may <br /> <br />accumulate adjacent to the driveway entrance along the State Highway <br /> <br />area in an orderly manner and clean, again, within the limits allowed <br /> <br />and permitted by the State Highway, along and on such State right-of-way <br /> <br />area. <br /> <br />(f) The Hopkins shall not store any extraneous materials of <br /> <br />any nature not related to the sand and gravel mining operation on their <br /> <br />said property. <br /> <br />This, however, excludes any equipment which is used in <br /> <br />the sand and gravel mining operation. <br /> <br />(2) Enforcement -- This contract shall be enforced through a <br /> <br />---- <br /> <br />court of proper jurisdiction in Morgan County, Indiana, to enjoin any <br /> <br />violation of 'the terms of this written agreement. <br /> <br />In that regard, the <br /> <br />Town may act through its Plan Commission or its Board of Trustees. <br /> <br />The <br /> <br />Town shall have available to it the remedy of a mandatory injunction to <br /> <br />requlre the removal of any structure erected in violation of its zoning <br /> <br />ordinance, or in the alternative for a cease and desist order through <br /> <br />a mandatory injunction as to the use granted herein until compliance <br /> <br />is detcr¡niJled by such court of proper jurisdiction. <br /> <br />Any use t}¡at vi01at~s <br /> <br />the telms of this contractual agre~ment shall be treated as if it were <br /> <br />a {' C j'. ::1 () n n u i s ~ fJ C e, n. n a IT. a y )-)(:" 2. bat e din the s a 111 e IT! ann era s 5 u c h . <br /> <br />Further, tIle Town shall have any olher available re~cdy allowed by Jaw <br /> <br />for the enforcement of its zoning ordance or as may be provided in its <br /> <br />()~n Z011iJlg ordinaJ1Ce as it exists on the date such litigation is bro\]ght <br /> <br />limited only to the rights which are herein given to the !.:~.5?]?!'-Jns by this <br /> <br />contract for the continued sand and gravel mining operation in ~~id <br /> <br />-4- <br />