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<br />2 <br /> <br />of this type of land use under City Code; <br /> <br />WHEREAS, Owner’s use under its existing permit has complied with the requirements of that <br />permit and of City Code for the 5-year term of the permit; <br /> <br />WHEREAS, the current Interim Use Permit is due to expire on September 30, 2019, and <br />the applicant must obtain a new Interim Use Permit in order to continue the land use; <br />WHEREAS, Owner has complied with the requirements of City Code Chapter 921 by <br />supplying information to the City in support of the application; <br />WHEREAS, on August 8, 2014, the Little Canada City Council conditionally approved a <br />new Interim Use Permit for a period of five (5) years, provided that Owner entered into an Interim <br />Use Permit Agreement (also referred to in the record as a "Development Contract") with the City <br />outlining terms and conditions of the use and its planned phase-out for a use identified as a <br />permitted or conditional use under City Code; and <br /> <br />WHEREAS, on September 25, 2019, the Little Canada City Council conditionally approved a <br />new Interim Use Permit for a period of twenty (20) years, provided that Owner entered into an Interim <br />Use Permit Agreement (also referred to in the record as a "Development Contract") with the City; and <br /> <br />WHEREAS, Owner and the City intend to execute a new Interim Use Agreement which states <br />all permit terms and conditions, and replaces all prior agreements between the parties on this subject; <br />and <br />NOW THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, the City and the Owner agree as fo11ows: <br /> <br />REPRESENTATIONS OF THE CITY <br /> <br />1. The City is a municipal corporation of the State of Minnesota, duly organized and <br />existing under State law. The City has the authority to enter into this Agreement and carry out its <br />obligations hereunder. <br />2. The City has taken all action necessary to approve this Agreement and to authorize <br />the execution and delivery of this Agreement, and any permits, licenses or other documents or <br />instruments required to be executed and delivered by the City pursuant to this Agreement. <br />3. The execution, delivery and performance of this Agreem ent, and any other <br />documents or instruments required pursuant to this Agreement by the City do not, and