06-11-08 Council Agenda - Laserfiche WebLink

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DEVELOPMENT CONTRACT SECOND AMENDMENT THIS AGREEMENT, dated the /y day of 1993, by and between the City of Little Canada, a Minnesota Municipal Corporation ( "City "), and Frattalone Excavating, a Minnesota Corporation, and Frank M. Frattalone, an individual, ( "Developer "), is an amendment to the first Paragraph of the Development Contract, dated October 1, 1990, and is the Second Amendment to Paragraph 10 of the Development Contract, dated October 1, 1990. AGREEMENT, dated October 1, 1990, by and between the City of Little Canada, a Minnesota Municipal Corporation ( "City ") and Frattalone Excavating, a Minnesota Corporation, and Frank M. Frattalone, an individual, ( "Developer "). 10. Duration. Subject to compliance with the terms of this Development Contract, the Developer shall be permitted to operate storage, stockpiling, and processing (crushing) of aggregate materials and other activities relating to the same for the purpose of making recycled concrete and asphalt aggregate. Stockpiling and processing activities shall cease on or before July 31, 1998. The site shall be improved per the approved Site Development Plan, Exhibit B, which shall include the Developer paving the roadway access area, controlling dust, and providing adequate berming of the operation as approved by City Staff. The execution of this Development Contract Second Amendment by Developer shall not constitute a waiver by Developer of any existing grandfathered rights or any existing renewal rights. The rights granted to Developer pursuant to the provisions of this paragraph inure only to the benefit of the Developer and are not assignable. Such rights will terminate at such time as the Developer sells the property described on the attached Exhibit A. The right to conduct stockpiling and processing activities until July 31, 1998, is conditioned on the construction by -1- 8