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Fra -Dor, Inc. <br />Aggregate Stockpiling and Recycling Interim Use Permit <br />Interim Use Agreement <br />Page 2 of 16 <br />WHEREAS, Owner holds a current Interim Use Permit allowing the same use sought in <br />the current application, under which Owner maintains the plans and financial securities required <br />of this type of land use under City Code; <br />WHEREAS, Owner's use under its existing permit has complied with the requirements <br />of that permit and of City Code for the 10 -year term of the permit; <br />WHEREAS, the current Interim Use Permit is due to expire on September 30, 2009, and <br />the applicant must obtain a new Interim Use Permit in order to continue the land use; <br />WHEREAS, Owner has complied with the requirements of City Code Chapter 921 by <br />supplying information to the City in support of the application; <br />WHEREAS, on July 22, 2009, the Little Canada City Council conditionally approved a <br />new Interim Use Permit for a period of five (5) years, provided that Owner entered into an <br />Interim Use Permit Agreement (also referred to in the record as a "Development Contract") with <br />the City outlining terms and conditions of the use and its planned phase-out for a use identified <br />as a permitted or conditional use under City Code; <br />WHEREAS, Owner and the City intend to execute a new Interim Use Agreement which <br />states all permit terns and conditions, and replaces all prior agreements between the parties on <br />this subject; and <br />NOW THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, the City and the Owner agree as follows: <br />Representations of the City <br />1. The City is a municipal corporation of the State of Minnesota, duly organized and <br />existing under State law. The City has the authority to enter into this Agreement and carry out <br />its obligations hereunder. <br />2. The City has taken all action necessary to approve this Agreement and to <br />authorize the execution and delivery of this Agreement, and any permits, licenses or other <br />documents or instruments required to be executed and delivered by the City pursuant to this <br />Agreement, <br />3 <br />