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or officials or any civil or military authority ...". Specifically, orders <br />or actions of Metro Council or Anoka County could be deemed unavoidable <br />delays. This is significant because Waste Management is requesting in this <br />agreement that the City "cooperate". That cooperation means Ramsey will <br />not be lobbying, passing resolutions, or in any manner be working against <br />any of the Improvements. That cooperation would take effect immediately. <br />The City's part of the bargain in the ski hill agreement would not come for <br />some time because vertical expansion has to be accomplished first. There <br />are also other events which could delay Waste Management's option to have <br />to perform according to this agreement. The agreement is written so that <br />Ramsey will have cooperated and permitted the vertical expansion but Waste <br />Management will have several reasons why they would be able to delay or <br />never perform their participation and obligation. <br /> <br />Schedule of Exhibits - These have not been prepared as of yet and are of no <br />concern at this time. <br /> <br />Article II deals with what will happen initially. Waste Management will <br />submit an application to the City for the various permits which were <br />described earlier. These permits will all be processed by the City in <br />accordance with City and other applicable ordinances. <br /> <br />Article II contains the most important sentence in the agreement and reads <br />as follows: "The City is not required to approve the Conditional Use <br />Pe~]it, Site Plan or Environmental Permit." The City, by this agreement, <br />does not have to consider that it is obligated to issue a conditional use <br />permit to Waste Management or anyone else. The City must not take into <br />consideration this agreement when considering the conditional use permit <br />application. <br /> <br />Article II also states that if the project is to go forward, "The City <br />shall not require the Developer to obtain any additional approvals from the <br />City for the Vertical Expansion, Rough Grading or the operation of the Ski <br />Hill and specifically the Developer shall not be required to obtain any <br />additional grading, mining or filling permit or any other environmental <br />permit, or any rezoning relating to the Development Property." If Ramsey <br />wants Waste Management to develop a ski hill, the City will not be able to <br />impose any additional approvals from Waste Management regarding Vertical <br />Expansion, rough grading, excavation and operation of a ski hill. City <br />Council should strongly consider whether it wants to release that ability <br />in order to enter into this agreement. At the time of entering into the <br />agreement, the City will not know what additional regulations of expansion <br />it may want. If the City does enter into the agreement and then attaches <br />additional approvals, the City will have cooperated up to that point and <br />given that much to Waste Management and Waste Management will still have <br />the opportunity to back out of the ski hill operation. <br /> <br />Article III begins by describing the Developer's obligations. The <br />Developer would commence excavation in the Borrow Areas, complete <br />excavation in the Borrow Areas, vertically expand the recreational parcel, <br />cap and revegetate the Vertical Expansion area, provide an annual clean-up <br />day, assist the City in constructing the road and right-of-way by providing <br />the rough grading and deeding the right-of-way to the City. The Developer <br /> City Council/March 9, 1988 <br /> <br />Page 4 of 14 <br /> <br /> <br />