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DEVELOPMENT CONTRACT SECOND AMENDMENT <br />THIS AGREEMENT, dated the day of , 1993, by <br />and between the City of Little Canada, a Minnesota Municipal <br />Corporation ( "City"), and Frattalone Excavating, a Minnesota <br />Corporation ( "Developer "), is the second amendment to Paragraph 10 <br />of the Development Contract, dated October 1, 1990. <br />10. Duration. Subject to compliance with the terms of this <br />Development Contract, the Developer shall be permitted to <br />operate storage, stockpiling, and processing (crushing) <br />of aggregate materials and other activities relating to <br />the same for the purpose of making recycled concrete and <br />asphalt aggregate. Stockpiling and processing activities <br />shall cease on or before July 31, 1998. The site shall <br />be improved per the approved Site Development Plan, <br />Exhibit B, which shall include the Developer paving the <br />roadway access area, controlling dust, and providing <br />adequate berming of the operation as approved by City <br />Staff. <br />The rights granted to Developer pursuant to the <br />provisions of this paragraph inure only to the benefit of <br />the Developer and are not assignable. Such rights will <br />terminate at such time as the Developer sells the <br />property described on the attached Exhibit A. The right <br />to conduct stockpiling and processing activities until <br />July 31, 1998, is conditioned on the construction by <br />Developer of a building on the property within two (2) <br />years of the date of this Amendment. If said building is <br />not constructed within two (2) years, all rights granted <br />by this paragraph shall immediately terminate. The <br />Developer agrees to provide additional berming on the <br />north side of the subject property after the conclusion <br />of the improvement of Ryan Drive, as part of Little <br />Canada Improvement Project 91 -11. <br />From August 1, 1998, until August 1, 1999, Developer may <br />store processed materials only, and no delivery of <br />unprocessed materials or actual processing of materials <br />shall occur on the property. After August 1, 1999, the <br />stockpiling and storage of aggregate material shall cease <br />as well, and all activities thenceforth shall be in <br />complete conformance with City regulations, including, <br />but not limited to, all applicable City Codes, Zoning <br />Ordinances, and Subdivision Ordinance. <br />Page 18 <br />