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SPECIAL MEETING OF THE ELK RIVER <br />ECONOMIC DEVELOPMENT AUTHORITY <br />HELD AT THE ELK RIVER CITY HALL <br />MONDAY, OCTOBER 17, 2005 <br />Members Present: President Gongoll, Commissioners, Dwyer, Gumphrey, Moon and Tveite <br />Members Absent: Commissioners Farber and hlinzing <br />Staff Present: Community Development Director Scott Clark, Director of Economic <br />Development Catherine Mehelich, and Assistant Director of Economic <br />Development Heidi Steinmetz (Recording Secretary) <br />Call Speual Meeting To Order <br />Pursuant to due call and notice thereof, the special meeting of the Economic Development <br />Authority was called to order at 6:15 p.m. by President Gongoll. <br />2. Consider Agenda <br />MOVED BY COMMISSIONER TVEITE AND SECONDED BY <br />COMMISSIONER GUMPHREY TO APPROVE THE OCTOBER 17, 2005 <br />SPECIAL EDA AGENDA. <br />MOTION CARRIED 5-0. <br />3. Consider Mutual Driveway Easement Agreement with O'Brien Holdings LLC Crystal <br />Distribution. Inc (CDI) Project <br />Community Development Director Scott Clark provided the below summary of the <br />Assistant Director of Economic Development's memorandum to the EDA dated October <br />17, 2005: <br />• If the EDA conveys the EDA property to a third party and the future (adjacent) <br />owner or any of its tenants uses the driveway in the easement area, the adjacent <br />owner or such tenants shall reimburse O'Brien fox one-half (Yz) of O'Brien's initial <br />costs to construct the driveway in the easement area. <br />• In no event shall the EDA be responsible for any costs relating to the construction <br />of the driveway. <br />• So long as EDA owns the EDA property, O'Brien shall be solely responsible for <br />the maintenance and repair of the driveway. Thereafter, O'Brien and the adjacent <br />owner (excluding the EDA) shall shaze equally (50%) to each in any and all repairs <br />to, and maintenance of, the driveway located within the easement area. <br />Upon the EDA's discussion, the following motion was made: <br />