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410 r �� <br />CITYy4��� �,�,�OF <br />IN ! ' KE <br />• <br />• <br />Memorandum <br />To: City Council <br />From: Paul Bengtson <br />Date: June 24, 2011 <br />Re: Item 6Dii — Arnt Temp. Batch Plant Performance Agreement <br />The following Performance Agreement should be attached as Attachment A <br />to Resolution Number 11 -68, which will authorize execution of the <br />agreement. <br />In the process of negotiating the agreement, the developer has identified two <br />issues they would like to discuss with the City Council. <br />1. Hours of Operation — the developer is proposing to operate between <br />the hours of 5:00 am and 8:00 pm. Staff has included the standard <br />7:00 am — 7:00 pm hours of operation as included in most <br />development agreements /performance agreements. (Page 8) <br />2. Securities — Staff has included a $500,000 letter of credit as a <br />financial surety that the site is returned to its original state and the <br />surrounding roads are repaired if damage occurs. The developer has <br />agreements with MnDOT that may provide some security, but has not <br />supplied to staff any documentation proving what mechanisms are in <br />place. (Page 5) <br />