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GERTEN & VAN VALKENI3URG, P.A. <br />ATTORNEYS Ar I,AW <br />303 FAST LITTLE CANADA ROAD <br />ST PAUL MINNESOTA 55117-1625 <br />TELEPHONE (651) 484-7000 <br />FAX (651) 484-6174 <br />TAMARA ,I. GERTEN, Igcrten l gertcnvanv.com <br />JOHN P. VAN VAI.KENBUItG,jvanvalkenburg@gcricnvanv.com <br />JOHN F. GERTEN, Retired <br />MEMORANDUM <br />TO: Frank Frattalone <br />Via Email To: frankft),f attalonecompanies.com <br />FROM: John P. Van Valkenburg <br />DATE: April 30, 2014 <br />RE: Fra -Dor, Inc. Aggregate Stockpiling and Recycling Agreement <br />This is a summary of our notes from the discussion of the October 14, 2009 Interim Use Permit and <br />Agreement. The agreement was never signed. Besides changing the dates to extend the time for <br />another five year period, we discussed making the following modifications: <br />1. Paragraph 16. Delete the last sentence, which currently is as follows: "The owner shall comply <br />with the erosion control plans and with any such additional instructions it receives from the <br />City". <br />2. Paragraph 18. The second to the last sentence shall be 1'/4 inch pipe, not 1'/2 inch pipe. <br />3. Paragraph 19. The final paragraph should state 201E per ton reduction, not 20% from the "gate <br />rate". <br />4. Paragraph 25. The second to the last sentence shall state, "... site grades at least two feet and <br />not more than six feet above adjacent road elevations ...". Replace the four with the six feet. <br />5. Paragraph 27. The paragraph should state, "Owner shall pay all reasonable costs incurred by <br />the City ... of this Agreement, and all reasonable costs and expenses incurred by the City ... ". <br />Adding the term reasonable. <br />6. Paragraph 30. The first sentence shall state, "... if the Owner fails to perform any of the <br />"material" terms of this Agreement ...". Note on Paragraph 30, define who at the City, <br />whether it is the city engineer, administrator or others. Just stating the City is too broad a <br />definition. The final sentence should say, "In the event the City does any necessary work, the <br />City may, in addition to its other remedies, assess its reasonable costs in whole or in part <br />against the property to be collected in the manner of the property taxes". <br />7. Paragraph 32. Verify that we have the proper bonding and insurance already in place. <br />19 <br />