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Weber Special Use Permit <br />Page 3 <br />12. The facility owner shall provide vegetative screening along the <br />east and west sides of the property (north of the street), in <br />order to decrease the visual impact of the facility's operations <br />from adjacent properties. Such vegetation shall be planted no <br />later than October is 1993, and shall be maintained thereafter so <br />as to trim overgrown vegetation and to replace vegetation which <br />has died. <br />13. During the winter months, from November 1 to April 1, signs shall <br />be in place to denying access to the lake by snowmobiles or other <br />vehicle traffic across this property <br />14. A fence or other delineating feature such as a hedge or other <br />shrubbery, shall be installed and maintained on this property <br />along the south easement line of 129th St. by October 1, 1993. <br />The purpose of this feature is to provide for the safety of the <br />public using this site by preventing accidental encroachment into <br />the traffic lane! This feature shall not obstruct vehicle <br />drivers from seeing people using the boat launching area. <br />IN CONSIDERATION FOR THE GRANTING OF THIS SPECIAL USE PERMIT, AND THE <br />GRANTING OF CERTAIN PRIVILEGES WITH THIS PERMIT TO EXPAND THE USE OF THE <br />FACILITY HEREIN DESCRIBED, THE PROPERTY OWNER AGREES TO THE FOLLOWING: <br />1. All existing rights, privileges, and claims to use this property <br />as a nonconforming use are replaced in full by the conditions of <br />this permit. The property owner specifically waives and gives up <br />any rights to claim that this property or any part thereof <br />retains any nonconforming uses of any kind. <br />2. If, by June 1, 2023, the business as herein defined, continues to <br />operate in any manner, or has operated at any time within the <br />preceding 12-month period and the site is not in compliance with <br />the current land -use regulations, the City shall have an option <br />to purchase the property for its then fair market value of the <br />land. The City's option shall exist from June 1, 2023 until <br />August 31, 2023. To exercise the option, the City shall notify <br />the owner of the property of its intent to exercise the option <br />within the option period. Notice shall be sent by Certified Mail <br />to the owner. Notice may also be delivered personally to the <br />owners or posted on the property if the whereabouts of the owner <br />is not known. <br />3. The purchase price of the property shall be determined through <br />negotiation between the owner and the City. If no price can be <br />agreed upon, then the parties shall each appoint one qualified <br />appraiser from the list of approved commissioners for <br />condemnation actions in Washington County. The two commissioners <br />shall then appoint a third commissioner. The three commissioners <br />shall then take whatever steps they deem necessary to determine <br />the fair market value of the land only. The City shall be <br />entitled to purchase the property for the fair market value of <br />