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10-14-2005 EDA MIN - SPECIALSPECIAL MEETING OF THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 17, 2005 Members Present: President Gongoll, Commissioners, Dwyer, Gumphrey, Moon and Tveite Members Absent: Commissioners Farber and hlinzing Staff Present: Community Development Director Scott Clark, Director of Economic Development Catherine Mehelich, and Assistant Director of Economic Development Heidi Steinmetz (Recording Secretary) Call Speual Meeting To Order Pursuant to due call and notice thereof, the special meeting of the Economic Development Authority was called to order at 6:15 p.m. by President Gongoll. 2. Consider Agenda MOVED BY COMMISSIONER TVEITE AND SECONDED BY COMMISSIONER GUMPHREY TO APPROVE THE OCTOBER 17, 2005 SPECIAL EDA AGENDA. MOTION CARRIED 5-0. 3. Consider Mutual Driveway Easement Agreement with O'Brien Holdings LLC Crystal Distribution. Inc (CDI) Project Community Development Director Scott Clark provided the below summary of the Assistant Director of Economic Development's memorandum to the EDA dated October 17, 2005: • If the EDA conveys the EDA property to a third party and the future (adjacent) owner or any of its tenants uses the driveway in the easement area, the adjacent owner or such tenants shall reimburse O'Brien fox one-half (Yz) of O'Brien's initial costs to construct the driveway in the easement area. • In no event shall the EDA be responsible for any costs relating to the construction of the driveway. • So long as EDA owns the EDA property, O'Brien shall be solely responsible for the maintenance and repair of the driveway. Thereafter, O'Brien and the adjacent owner (excluding the EDA) shall shaze equally (50%) to each in any and all repairs to, and maintenance of, the driveway located within the easement area. Upon the EDA's discussion, the following motion was made: Economic Development duthority Special Meeting :Minutes Octobet 17.2005 MOTION BY COMMISSIONER MOTIN AND SECONDED BY COMMISSIONER DWYER TO RECOMMEND APPROVAL OF THE MUTUAL DRIVEWAY EASEMENT AGREEMENT WITH O'BRIEN HOLDINGS, LLC CONTINGENT UPON ADDED VERBIAGE TO THE AGREEMENT REQUIRING O'BRIEN HOLDINGS, LLC TO PROVIDE DOCUMENTATION OF THE DRIVEWAY CONSTRUCTION COSTS. MOTION CARRIED 5-0. 9. Adiotunment There being no other business, President Gongoll adjourned the meeting. The special meeting of the Elk River Economic Development Authority adjourned at 6:30 p.m. Subs/mitted~by: /Z~~_ Recording Secretary O Page 2 __.