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12-18-2019 Workshop & Council Packets
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12-18-2019 Workshop & Council Packets
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<br />7 <br /> <br />incur now and in the future monitoring, regulating and if necessary, mediating the property it is hereby <br />agreed that the owner shall make the following payments to the City. The Owner shall pay a License <br />Fee on June 30 and December 31 of each year the interim use operates on the property computed <br />on the basis of $.20 per ton of material processed on the site. The License Fee will be adjusted <br />annually by multiplying the prior year amount per ton by a fraction, the numerator of which shall <br />be the Consumer Price Index in effect January 1 of t he prior year and the denominator of which <br />shall be the Consumer Price Index in effect January 1 of the current year. The Consumer Price <br />Index means the U.S. Department of Labor Consumer Price Index, Minneapolis, Minnesota, All <br />Items, All Urban Consumers (CPI-U = 100). In the event that said index is discontinued, then <br />Consumer Price Index shall mean the most nearly comparable index published by the U.S. <br />Government properly adjusted for any change. Notwithstanding the forgoing, in no event shall <br />the adjusted payment amounts be reduced below the rate payable in the preceding year. Owner <br />shall deliver to the City whatever records, including but not limited to computer records and weigh <br />tickets, that the City requires to determine the tonnage. The amount of processed material used in <br />calculating the license fee shall not include any material directly used in a City project, either by <br />the Owner or a related business entity, sold to a City contractor at a discounted alternate rate made <br />part of a City bid solicitation, or sold at a discounted rate directly to the City. Based on prior oral <br />agreement, the discounted rate applicable to this section will be a 20% reduction from the “gate <br />rate" being charged at the time of the bid or order. <br />SUNSET OF PERMITTED USE <br /> <br />19. This permit and agreement authorize the Owner to engage in the conduct described <br />above for a period of twenty (20) years commencing January 1, 2020, and expiring December 31,
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