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SEP 08 '94 D~:~Z RNMDALL DEHMGOODRICH P.Z/6 <br /> <br />AI~ENDY~NT TO <br />DEVELOPMENT AGREEMENT <br /> <br /> This Amendment to Development Agreement is made and entered <br /> <br /> into as of this day of , 1994 by and <br /> <br /> between WASTE MANAGEMENT OF MINNESOTA, INC. ("WI~MI") and THE CITY <br /> OF ~kMSEY, a Minnesota municipal corporation (the "CITY"). <br /> <br /> W]tEREAS, WMMI entered into a Development Agreement dated July <br /> 7, 1988, with the CITY ("the 1988 Agreement"); and <br /> <br /> WHEREAS, the CITY granted a Conditional Use Permit dated <br /> November 15, 1988, (the "CUP") to WM/~!, which CUP contained certain <br /> performance goals; <br /> <br /> WHEREAS, both the 1988 Agreement and the CUP contain <br /> requirements for WM/~I to construct a skihitl on a portion of <br /> certain real property owned by it located in the CITY, the legal <br /> description of which real property is attached hereto as Exhibit <br /> "A" (the "Development Property"); and <br /> <br /> WHEREAS, the 1988 Agreement provides under certain <br />circumstances, for the CITY to accept in lieu of WMMI~s <br />construction and operation of the skihill, an alternate parcel of <br />land owned by WPL~I consisting of approximately 50 acres (the <br />"Alternate Recreational Parcel"), the legal description of which <br />is attached hereto as Exhibit "B"; and <br /> <br /> WHEREAS, WM~I desires to convey the Alternate Recreational <br />Parcel to the CITY in lieu of construction and operation of the <br />skihill; and <br /> <br /> <br />