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or officials or any civil or milita~ authority...". Specifically, orders or actions of Metro Councilor Anoka County could be deemed unavoidable delays. This is significant because Waste Management is requesting in this agreanent that the City ncoo~rate". That cooperation means Ramsey will not be lobbying, p:issing resolutions, or in any marmer be working against any of the Improvements. That ooo~ration would take effect inunediately. The City's p:irt of the bargain in the ski hill agreement would not come for sane time because vertical expansion has to be accomplished first. There are also other events which oould delay Waste Management's option to have to ~rform according to this agreanent. The agreanent is written so that Ramsey will have coo~rated and permitted the vertical expansion but Waste Management will have several reasons why they would be able to delay or never perform their p:irticipation and obligation. Schedule of Exhibits - These have not been prepared as of yet and are of no concern at this time. Article II deals with what will happen initially. Waste Management will submit an application to the City for the various permits which were described earlier. These permits will all be processed by the City in accordance with City .andother applicable ordinances. ?\;-r:icle II contains the most irrportant sentence in the agreanent and reads as follCMs: "The City is not required to approve the Conditional Use Permit, Site Plan or Environmental Permit." The City, by this agreement, does not have to consider that it is obligated to issue a conditional use ~rmit to Waste Nanagement or anyone else. The City must not take into consideration this agreement when considering the conditional use permit application. Article II also states that if the project is to go forward, liThe City shall not require the Develo~r to obtain any additional approvals from the City for the Vertical Expansion, Rough Grading or the operation of the Ski Hill and s~cifically the Developer shall not be required to obtain any additional grading, mining or filling permit or any other environmental permit, or any rezoning relating to the Developnent Property. n If Ramsey wants Waste Yanagement to develop a ski hill, the City will not be able to impose any additional approvals fran Waste ~~nagement regarding Vertical Expansion, rough grading, excavation and operation of a ski hill. City Council should strongly consider whether it wants to release that ability in order to enter into this agreanent. At the time of entering into the agreement, the City will not know what additional regulations of expansion it may want. If the City cioes enter into the agreement and then attaches additional approvals, the City ",;ill have cooperated up to that point and given that much to Waste }-<anagement and Waste Management will still have Lb0. oHJOrtunity to back out of the ski hill operation. Article III beains bv describinc the DeveloDer's oblications. The - -. .,.; .. ~ Developer would commence excavation in the Borrow Areas, complete excavation in the Borr~l Areas, vertically eA.-pand the recreational parcel, cap and revegetate the Vertical Ex:'~nsion area, provide an annual Clean-up day, assist the City in constructing the road and right-of-w-ay by pr0\1iding the rough grading and deeding the right-ot-way to the City. The Developer City Council/!!arch 9, 1988 Page 4 of 14 lfS