3.9. SR 03-17-2008 - Laserfiche WebLink

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ROAD USE AND MAINTENANCE AGREEMENT This Road Use and Maintenance Agreement (the "Agreement") is made this day of March, 2008 by and between Aggregate Industries -North Central Region, Inc., a Minnesota corporation (hereinafter referred to as "Aggregate'), Gemstone Products Company, Inc., a Minnesota corporation (hereinafter referred to as "Gemstone") and the City of Elk River, a municipality (hereafter referred to as "City"), collectively referred to as the Parties. RECITA>Js WHEREAS, the subject of this Agreement is that certain east -west section of roadway situated in the City of Elk River, Sherburne County, Minnesota, known as 213x' Avenue as depicted on the attached Exhibit A (the "Roadway"); and WHEREAS, the Roadway has been turned over by Sherburne County to the City, and WHEREAS, Aggregate is the owner of real property located in the City, situated adjacent to the Roadway, as depicted on the attached Exhibit A; and WHEREAS, Gemstone is the owner of real property located in the City, situated adjacent to the Roadway as depicted on the attached Exhibit A; and WHEREAS, Aggregate and Gemstone desire to use the Roadway for ingress and egress purposes by over weight tucks during the spring road postings; and WHEREAS, City agrees to allow Aggregate and Gemstone to use the Roadway for ingress and egress purposes for over weight trucks during the spring road postings, provided Aggregate and Gemstone agree to certain terms. NOW THEREFORE, for good and valuable consideration, the Parties agree to the following conditions: Use of Roadwav. Aggregate and Gemstone may use the Roadway for ingress and egress purposes only. 2. Term of Agreement. The term of this Agreement shall be for one year, commencing on January 1, 2008 through December 31, 2008. This Agreement shall automatically renew on January ls` each subsequent year, unless one of the parties has given written notice to the other parties on or before the preceding December 15~ of its intent not to renew the Agreement, in which case the Agreement shall automatically terminate at the end of the then current one-year term.