07-09-2014 Council Agenda - Laserfiche WebLink

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Era -Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Permit Interim Use Agreement Page 7 of 16 during crushing operations, Owner shall supply water by the use of at least one i %z inch pipe and one '/ inch hose directly to the crusher, and one '/a inch hose to the conveyor, Owner shall modify dust control methods as necessary to ensure other properties in the area are not negatively impacted by the interim use. 19. The City shall approve an aggregate materials storage and processing license for the land described in this Agreement. Owner shall pay to the City a license fee on June 30 and December 31 of each year the interim use operates on the property. The fee shall be computed on the basis of $.10 per ton of material processed on site in the first three years of the Agreement, and $.15 per ton in the fourth and fifth years if the use is still in operation. Owner shall deliver to the City whatever records, including but not limited to computer records and weigh tickets, that the City requires to determine the tonnage, The amount of processed material used in calculating the license fee shall not include any material: a) processed on any day in which a valid purchase agreement is signed and remains in effect for the Property, and in the time following the closing of a sale of the Property; or b) directly used in a City project, either by the Owner or a related business entity, sold to a City contractor at a discounted alternate rate made part of a City bid solicitation, or sold at a discounted rate directly to the City. Based on prior oral agreement, the discounted rate applicable to this section will be a 20% reduction from the "gate rate" being charged at the time of the bid or order. Mutual Intent to Re -Develop Site 20. Owner and City declare their intent to re -develop the Property either within the stated term of this permit or within a commercially reasonable time thereafter. The City and the 8