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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 12:55; Air= #801 ;Page 13/39 <br /> • <br /> (c) Use of the Minimum Improvements shall at all times comply with Section 3.5(f) of this <br /> Agreement. <br /> (d) Developer shall discontinue all activities associated with trucking on the Current Site, <br /> including storage of trucks, trailers, containers or any other trucking related storage on or before <br /> January 1, 1999. <br /> (e) Developer shall discontinue all secondary business uses on the Current Site which are <br /> inconsistent with the City's zoning ordinance, including wood sales, recycling activities and all other <br /> uses which do not conform to the zoning ordinance, on or before January ], 1999. <br /> (f) All use of the Current Site on or after January 1, 1999 shall be in conformance with <br /> the City's Comprehensive Plan and zoning ordinance, including any use of the Current Site by <br /> Developer, any related entity to Developer or any tenant of Developer, with the exception that <br /> warehousing and storage inside the existing buildings shall be allowed until those buildings are <br /> removed. No outside storage of any goods, equipment or vehicles shall be allowed at any time after <br /> January 1, 1999. <br /> (g) Developer shall submit for approval by Authority, within thirty (30) days of the <br /> execution of this Agreement, a Landscape Plan for the Current Site. No monies will be delivered to <br /> • Developer for reimbursement of Public Development Costs until this plan is received and approved <br /> by Authority. All landscaping improvements to the Current Site shall be completed, in accordance <br /> with the approved Landscape Plan, on or before June 1, 1999, <br /> (h) On or before June 1, 1999 Developer shall identify and clean up, to the satisfaction <br /> of the Minnesota Pollution Control Agency(MPCA) and the City Building and Zoning Administrator, <br /> any environmental contamination of the Current Site. <br /> (i) Developer shall complete demolition and removal of all existing buildings on the <br /> Current Site on or before June 1, 2002. All use of the Current Site following demolition and removal <br /> of the existing buildings shall be in conformance with the City's then applicable Comprehensive Plan <br /> and Zoning Ordinance, <br /> (j) Developer shall not sell the Current Site until all existing buildings on the Current Site <br /> have been removed and any environmental contamination of the Current Site has been cleaned up <br /> to the satisfaction of the MPCA and the City Building and Zoning Administrator. <br /> Section 3.6 Enforcemen of Conditions Subseent. Developer's compliance with the <br /> conditions subsequent set forth in Section 3.5 is the primary purpose for and consideration from the <br /> Developer for the Authority's making tax increment financing assistance available for relocation of <br /> Developer's business. Failure of Developer to comply with any of the conditions subsequent shall <br /> t be an event of default pursuant to Article IX of this Agreement, entitling Authority to exercise any <br /> of its remedies under Article 1X for a default, including the right to bring an action against Developer, <br /> Beck?548664.2 8 <br />