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<br /> SENT ~Y:PETERSON FRAM BERGMAN 7- 8-82 : 4:06PM :FETERSON FRAM BERGMA- ;# 3/ 5 <br /> . <br /> AN INTERIM USE AGREEMENT <br /> (1) PARTIES. This Agreement is entered into by and between the <br /> City of Arden Hills, Q municipal corporation and political <br /> subdivision of the state of Minnesota (herein "City"); and Dennis <br /> Foster, his successors and assigns (herein "Developer"). <br /> (2) RECITALS. <br /> A. The Developer has proposed to construct a tennis facility <br /> pursuant to approved plans and specifications on certain <br /> property (herein "Project") located within the City of <br /> Arden Hills. Construction of the Project was authorized <br /> by the City Council on December 10, 1990. Construction <br /> of the Project did not occur during 1991 and the City has <br /> asserted its approval of the Project expired on December <br /> 10, 1991. In addition, the City is considering the <br /> imposition of a Development Moratorium pending adoption <br /> of comprehensive zoning code changes, some of which, may <br /> j,mpact the Developer's Proj ect. <br /> B. Developer claims that the original approval remains <br /> effective and/or that subsequent actions by the City or <br /> . its staff have reasonably led developer to conclude that <br /> a re-application is all that would be required in order <br /> to obtain the appropriate building permits for the <br /> project. Developer further asserts that it was not <br /> advised of the proposed Development Moratorium and that <br /> it has incurred substantial costs toward the financing <br /> and construction of the Project in reliance upon City <br /> action. <br /> C. The City and the Developer wish to resolve any disputes <br /> relating to the construction of the Project without the <br /> cost and delay of litigation. The City is willing to <br /> allOW an interim use of the Developer's property for the <br /> Project pursuant to the terms of this Agreement. <br /> (3) TERMS AND CONDITIONS. In oonsideration of the mutual <br /> undertakings herein expressed, the City and Developer agree as <br /> follows: <br /> A. The City Building Inspector shall issue a Building Permit <br /> for the project upon Developer's satisfaction of the <br /> following conditions: <br /> l. Combining the parcels on whiCh the Project will be <br /> located. <br /> . 2. Granting Easements for utilities, driveweys, fire <br /> lanes and access from Lexington Avenue on forms <br /> approved by the City's Attorney. <br />