2015.04.21 PC Packet - Laserfiche WebLink

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DRAFT 4-17-15 2 459182v4 TJG NE136-8 1. Federal Preemption and Use of the Property. The parties agree the use of the Property is limited by the land use regulations adopted by the City, any other applicable local regulations, any legal amendments made to those regulations, and the terms and conditions of any permits issued for the Property (collectively, the “Regulations”). By entering into this Agreement, the Owner is knowingly and willingly waiving any right to assert federal preemption under the Act or any similar law as a basis for undertaking uses that do not comply with the Regulations for so long as the uses associated with the Special Use Permit issued contemporaneously with this Agreement are continued as described herein. The parties agree the Regulations allow the Owner to seek permission to expand already approved uses onto the New Parcel and to potentially allow additional uses on the Property by applying for a new or amended special use permit. This Agreement and the waiver contained herein were mutually arrived at and agreed to as part of resolving disagreements over the potential uses of the Property and are not being unilaterally imposed by the City on the Owner. 2. Railroad Siding. City staff is recommending approval as part of the Special Use Permit to allow the Owner to install and maintain a 1,000 foot rail siding (“Siding”) from the Track onto the Property to facilitate the use of the Property as shown on the Site Plan. The Owner agrees to limit the use of the Siding in accordance with the following: (a) The materials allowed to be delivered or shipped from the Siding shall be limited to black dirt, bituminous, concrete, other related processed aggregates, and such other materials as may expressly be allowed by any new or amended special use permits issued by the City; (b) The parking of rail cars on the Siding shall be limited to no more than 110 days per calendar year; and (c) The Owner shall keep a record of the number of days in a year rail cars are stored on the Siding and a log of the materials unloaded and loaded from the rail cars. 3. Warranty of Title. The Owner represents to the City that it is the fee owner of the Property, excluding the approximately 1.73 acre parcel identified as PID No. 173023410013 on which a two story building lies that is part of the Existing Property and owned by Murco, and that it has the authority to execute this Agreement and agree to the conditions hereof. 4. Term of Agreement. This Agreement shall be in effect as of the date first indicated above and shall remain in full force and effect for so long as the Property continues to be used for the uses allowed by the Special Use Permit and the previously issued special use permit. If such uses of the Property are discontinued and the special use permits allowing those uses are repealed or are extinguished through mutual agreement, discontinuance or abandonment such that the rights granted thereunder are affirmatively terminated, this Agreement shall be null and void. The parties further agree that this Agreement shall immediately terminate and shall be null and void if the City denies the Special Use Permit.