07-09-2014 Council Agenda - Laserfiche WebLink

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Fra -Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Permit Interim Use Agreement Page 9 of 16 affiliated with Owner from buying the Property for re -development. If Owner, or an affiliate, intends to commit to a re -development of the site without a formal sale and closing, the Owner or affiliate shall enter into a Development Agreement with the City, the execution of which shall be treated as a "sale" for purposes of the wind-up timing provisions below. Sunset of Permitted Use 23. This pewit and agreement authorizes Owner to engage in the conduct described above for a period of five (5) years commencing October 1, 2009, and expiring September 30, 2014. The permit may not be renewed, but Owner is not precluded from applying for a new interim use permit. If Owner desires to apply for a new Interim Use Permit to continue the use beyond the expiration of this Agreement, an application must be submitted to the City by September 30, 2013. 24. The interim use granted to Owner by this Agreement inures only to the benefit of the Owner and is not assignable or transferable. Any assignment or transfer of the Property shall result in the termination of the interim use in the time allowed for wind-up of the use stated below. 25. Owner shall restore the Property to a condition that is acceptable to the City either within six (6) months of the date on which the property is sold or by October 31, 2014. If the property is sold after April 30, 2014, the six-month wind-up date shall apply. Delivery of material to the property for stockpiling or processing shall cease no later than thirty (30) days following the closing of a sale of the property or 30 days prior to the expiration of the permit (August 30, 2014) if there is no sale. Restoration shall include but not he limited to all stockpiled material being removed from the site with final site grades at least two feet and not 10