8.2. SR 02-04-2013 - Laserfiche WebLink

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Agreement for Issuance of Amended Conditional Use Permit This Agreement for issuance of an Amended Conditional Use Permit ( "Agreement') entered into the 4t' day of February, 2013, by and between the City of Elk River ( "City ") and Cornerstone Auto Resource ( "Cornerstone "). WHEREAS, City approved a land use amendment, rezoning, conditional use permit and preliminary and final plat for expansion of Cornerstone's automobile dealership located at 17219 US Highway 10 NW in 2006; and WHEREAS, Cornerstone failed to record the final plat approved in 2006 and has not paid the applicable park dedication and surface water management fees ( "Fees "); and WHEREAS, the 2006 plat approval subsequently expired and the plat was reapproved by the City in 2012 on the condition that Cornerstone pay the Fees; and WHEREAS, the Fees have not been paid to date and currently total Eighty -One Thousand Four Hundred Forty -Eight Dollars ($81,448); and WHEREAS, Cornerstone seeks approval of an amendment to the Conditional Use Permit approved in 2006 to allow an oil change facility in an accessory building on the property; and WHEREAS, the conditions for approval of the Amended Conditional Use Permit include recording the plat and paying the Fees; and WHEREAS, Cornerstone has requested that it be allowed to record the plat and proceed with the oil change facility upon payment of a portion of the Fees, and that it be allowed to pay the balance of the Fees over a period of time; and WHEREAS, City has agreed to allow Cornerstone to pay the Fees in installments, subject to the conditions of this Agreement. NOW, THEREFORE, City and Cornerstone agree as follows: 1. City approves the Amended Conditional Use Permit to allow the oil change facility, subject to the conditions set forth in the resolution of approval, including Cornerstone's agreement to and execution of this Agreement. 2. Cornerstone agrees to pay the Fees as follows: A. $ shall be paid by Cornerstone prior to the issuance of a building permit for construction of the oil change facility; B. The balance of the Fees shall be paid in annual installments of $ each, together with interest at a rate of 2 % from February 4, 2013 to the date of the payment, each payment to be received by the City no later than January 31, beginning January 31, 2014 and continuing until all payments have been made.