9.1 SR 12-21-2020 - Laserfiche WebLink

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LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is made this _____ day of _______________, 2020 (“Effective Date”), by and between the CITY OF ELK RIVER, MINNESOTA, a Minnesota municipal corporation (“Licensor”) and AGGREGATE INDUSTRIES MWR, INC., a Minnesota corporation, and PLAISTED COMPANIES, INC., a Minnesota corporation (together referred to as “Licensees”). BACKGROUND Licensees are gravel mine operators that own and mine gravel pursuant to City-approved permits and licenses from properties located on either side of that portion of Proctor Avenue thth located between 205 and 213 Avenues NW (the “Property”). Each licensee has mined its side of the Property, to the point that Proctor Avenue is presently significantly above the grade of the adjacent properties. Licensees believe that the Property contains significant amounts of gravel, and have requested that the City vacate the Property so that each Licensee can mine one-half of the existing right-of-way. City does not believe that vacation of the Property is in the best interest of the public, due to the potential future need for a City street in this area of the City. However, the City does not see a public need to keep Proctor Avenue open in the short term, and is willing to grant Licensees a license to mine the Property pursuant to the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the agreements contained herein, Licensor and Licensee agree as follows: 1. License. A. License. Licensor hereby grants to Licensees, their Agents, Contractors and Employees, subject to the terms and conditions of this Agreement, a license (the “License”) to enter upon the Property for the purpose of removing Proctor Avenue, mining the Property, and replacing reclaiming Proctor Avenue, as provided in this Agreement. B. Term. The License granted by this Agreement shall take effect on the Effective Date and shall terminate: