07-09-2014 Council Agenda - Laserfiche WebLink

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Fra -Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Pemut Interim Use Agreement Page 13 of 16 the City for any expense incurred, provided that the Owner, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. if the City is forced to do work that is a result of the Owner's default, the City may, in addition to its other remedies, assess the cost in whole or in part against the property. 36. Should Owner fail to have stockpiled materials removed from the property by the deadline for winding up the operation (six months from sale or October 31, 2014), then title and ownership of any materials remaining on the site shall be vested in the City free and clear of any encumbrances. Should Owner encumber any of the stockpiled materials during the tenn of the agreement, prior to recording the encumbrance Owner shall increase the financial security in an amount equal to the encumbrance to guarantee its satisfaction. The City may use whatever methods it deems appropriate to remove the materials from the site within a reasonable time frame. Any revenues generated by the City's removal activity shall inure solely to the City and will not reduce the Owner's financial obligation guaranteed by the financial security. 37. Should a dispute or action proceed to court, arbitration or other legal action, and the City prevails in said action, Owner shall reimburse the City for all costs incurred by time City in defense or enforcement of this Agreement, or any portion thereof, including court or and reasonable engineering and attorneys' fees. Miscellaneous 38. Owner shall have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from permit approval and Interim Use. 39. Any breach of the terms of' this Agreement by the Owner shall be grounds for suspension or revocation of the Interim Use Permit. 14