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increases the cost of ski hill construction and/or operations should be <br />substantially reduced or eliminated. <br /> <br />Mr. Otter stated that Waste Management is looking for assurance that future <br />Ramsey City Council would not impose any restrictions on the ski hill <br />operation that would deter the economic value or operation of the facility. <br /> <br />Mr. Goodrich stated that $100,000 might be a more realistic figure from the <br />City ' s standpoint. <br /> <br />Mr. Otter replied that if he invests $1,000,000 and things are imposed on <br />that investment that cause it to be put out of business, then $100,000 is <br />not much remedy. <br /> <br />Counciln~mber DeLuca inquired as to what would constitute a default on the <br />City's part, causing those damages to be paid. <br /> <br />Mr. Otter stated that none of the City's standard policing rights of that <br />facility will be taken away by this agreement. <br /> <br />Mr. Goodrich stated that a default would be an event in which the City <br />imposes certain requirements on the project which will substantially <br />increase it's cost of operation. This provision assures the operator that <br />the City will not be able to do much in regulating this particular parcel <br />as 'project' is defined as including vertical expansion necessary for <br />operation of a ski hill. <br /> <br />Mr. Otter stated that limiting the amount of investment he can retrieve if <br />something happens prevents him from investing too much in the ski hill <br />facility. <br /> <br />Motion by Councilmember Cox and seconded by Councilmmmber DeLuca to amend <br />Waste Management of Minnesota, Inc.'s proposal for a ski hill by reducing <br />the liquidated damages referred to in Section 6.04(c) to $300,000. <br />Further, to enter into the develot~nent agreement with Waste Management of <br />Minnesota, Inc. as presented and amended. <br /> <br />Further Discussion: Mr. Otter noted that the $300,000 is a ms~imum figure; <br />the City would only be liable for the amount of investment incurred, up to <br />$300,000, at the time of the default. <br /> <br />Motion carried. Voting Yes: Mayor Reimann, Councilmembers Sorteberg, Cox, <br />DeLuca and Pearson. Voting No: None. <br /> <br />~Raq_uest For Conditional Use Permit To Construct And_Operat~ <br /> A_JRecreation _Center And To Const~uctAnAdvertising._~ign: <br /> ~se~ Of Mr._ David_ Hauan: <br /> <br />Mr. David Hauan was present requesting a conditional use permit to <br />construct and operate a recreation center and an advertising sign to <br />advertise the center. <br /> <br />Motion byCouncilmember Sorteberg and seconded by Councilmember Cox to <br /> City Council/April 26, 1988 <br /> <br />Page 7 of 12 <br /> <br /> <br />