HomeMy WebLinkAbout5. USPCI Interim Use Permit Addendum � : t
City of Rosemount
Exeeutive Summary for Action
Pianning Commission Meeting Date: Mav 25. 1993
Agenda Item: USPCI Interim Use Permit Arnendment Agenda Section:
NEW BUSIIVESS
Prepared By: Lisa Freese Agenda No.:
Director of Planning IT'F.,1vI NO. 5
Attachments; IUP Amendment; IITP. Approved By:
:;�:.�'�.,.e�-�.,s�f
At the April 27, 1993 Planning Commission Meeting amendments to USPCI's ILTP were discussed
relative to the disposal of coal ash in the Minnesota Industrial Containment Facility. Work.ing with
City Attorney Mike Miles we have drafted an amendment to the IUP Agreement approved in 1992.
The items are self-explanatory and are related to recommendations made by Ban Engir�eering in
their technica.l memorandum.
Recommended Actian: A MOTION to recommend approva:l of an amendment to the USPCI
Interim Use Permit pertaining to the handling of coal ash and leachate monitoring.
Planning Commission Action:
-03-25-93.005
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Amendment to
Interim Use Permit Agreement
USPCI, Inc.
1993
THIS AMENDMENT, dated , 1993
is made by and between USPCI, Inc. , a Delaware Corporation
(hereinafter °USPCI" ) and the City of Rosemount, a Minnesota
municipal corparation {hereznafter the "Cit�") is intended C�o amend
the Intera.m Use Permit Agreement, dated March 19, 1992, between
USPCI and the City (hereinafter the "Agreement") .
RECITALS
* USPCI entered into the Agreement wi,th the City an March
19 , 1992;
* Among other things, the Agreement the types of wastes
which USPCI may dispose of at the nc�n-hazardous waste
containment facility (hereinafter the "Facility") further
described in the Agreement; and
* The parties to the Agreement are desirous of amending the
Agreement to allow the disposal of coal ash at the
Facility under certain specified conditions.
NOW, THEREFORE, the parties agree to amend the Agreement by
adding a section after Section 12 of the Agreernent �o read as
follows:
i2A. Dis�osal of Coal Ash/Conditions: Despite the provision
of Section 12 above, USPCI may dispase of coal ash at
the Facility, but only pursuant to the following
conditions:
1) USPCI shall not use coal fly ash as cover over waste
fill heights exceeding the height of the perimeter
berm.
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2) During transportation and dumping of coal ash,
trucks carrying the ash must be covered with
tarpaulins adequate to limit dusting.
3� to further limit dusting, coal ash must be
condiCioned t�etted) prior to dumping at the
Facility, but tihe conditioning must not result in
introducing free liquid to the coal ash and coal ash
cannot be disposed in the cell if wind conditions
exceed 10 knots per hour,
4) Coal ash disposa]. at the Facility rnust not result in
leachate discharges to the waste water treatment
plant which fail Co comply with Industrial Discharge
Permit requirements.
5} USPCI shall annuaily repart in detail as to the
effect on the clerical �omposition af leachate of
the dispasal of coal ash at the Facility. "
Except as specifically amended in this and other proper_1y
execu.ted Amendments, the Agreement shall remain at full force and
effect.
IN wITNESS WHEREOF, the parties have executed this
Amendment as of the date first above written.
� , s CITY OF ROSEMOIINT
' �. ; ESECIITIQE sIIMMARY FfJR ACTION
CITY CQUNCIL MEETING DATE: FEBRUARY 4, 1992
AGENDA ITEM: Minnesota Industrial Containment AGENDA SECTI�N:
Facility (MICF) Interim Use Penait PIIBLI.0 IiEARING
PREPARED BY: AGENDA I�C�cM �' .
Lisa J. Freese, Director of Planning 11 C � 8 �
ATTACHMENTS: Resolution; IIIP Agreement; APPROVED BY:
Dev. Committment; MPCA permit; DC License.
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Attached is a copy of the Interi.ua Use Permit Agreement that has been
developed with the assistance of Dean Johnson, RSC, Gardy Meyer, Barr
Engineering, and Dave Grannis, Grannis & Grannis. Since setting the public
hearing �on January 7, 1992, representatives from USPCI have met with the
City staff and consultants several times to fine tune the agreement ta meet
the concerns of USPCI.
At the Planning Commission Meeting on January 28th, there were still two
areas of concern for IISPCI regarding the Term and Termination clauses. At
the request of the Planning Commisssion, staff and consultants have
attempted to develop language that is more in line with the objectives of
IISPCI. On Monday staff will be delivering a memo discussing these issues
i.n more detail.
RECO��MENDED ACTZONs A Ynotion to adopt A RESOLUTIdN APPROVING AN
INTERIM USE PERMIT FOR THE USFCI, INC,' MINNESOTA
INDUSTRIAL CONTAINMENT FACILITY.
COIINCIL ACTION:
Adopted resolution.
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: (February 4, 1992)
INTER{M USE PERMIT AGREEMEPiT
USPCt, 1NC.
MINNESOTA INDUSTRtAL CONTAtNMENT FAClLtTY
TH1S AGREEMENT, dated �/�� _. 1992, is rnade by and between USPCt,
Inc., a Delaware Co�ration (hereinafter'USPCI"j and the Ctty of Rosemou�r[, a Minnesota municipal
corpo�ation (hereinafter the 'Cit�. The parties hereto agree as fdlows:
1. Interim Use Permft. USPC1 has requested an irtterim Use Permit (lUP) ftom the Ctty for
the constructton, operatian, and maintenance of the Mlnnesota industrtal Co�ainmerrt Factitty (M1CF�. The
execution of this Agreement by the parties shall const}tute approval and issuancQ of the tUP by the Giry
subject to the provisions of this Agreemerrt. This Agreement constitutes the IUP. Corrapliance with
Minnesota Pc�llution Control Agency Permit No. SW-383, dated January 8, )992 {MPCA Perrnit), and Dakota
Cvunty Solid Wasie l.jcense, approved December t7, 1991 (DC License), which are incorporated herein by
refer�nce, are conditions of the IUP. This IUP ts issued by the City in accordanee with Ordinance B, City of
Rosemount Zoning Ordinance, adopted September 19, 1989, as amended, inciuding Section 11.3.
2, Term. The MICF Pe�nit Application details ihe design, construction, operatlon, ciosure,
coniingency actions and financiai assurances for a ten (10) ceii non-hazardous industrial waste car�tainmeM
facility, with an anticipated operating Crfe of ihirty (3dj years. Construction, operation, arxi ciosure of the
individual celis wiil be phased throughout the operating life of ihe faciiity. Consistent with the term of MPCA
Permit and the provisions of Ordinance B, this�IUP is valid for f'rve years frorn the date issued. or until
terminated, or amended by the City. Prior to expiration of the IUP, o�io appty for an amendet! tUP, USPCI
shaii request that the C'rty review and reissue the IUP. To avoid possibie termination of the tUP at the time
the IUP expires, an applicatian for reissuance of the permit must be submitted no later than 180 calendar
days before the expiration date of the permi� The reissuance of the IUP may, at the option of the City, be
approved without mod�cation to this Agreement, or the Ctry may require USFCI to modify this Agreement.
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3. MICF Descrit�tion. MiCF is iocated on property legaily descrlbed on attached Exhibit A.
The 236-ac�e sfte is located between TH55 and CR38, iying easte�ly of the Chicago and Northwestem
Raiiraad. Tfie location of MICF is illustrated on attaehed Exhibit B.
MICF consists of ten (1�) rectangular containment cetis, each oGcupying a surface area of �
approxirnately sbc (6) acres, with a vdume capactty of 252,000 cubic yarcis per celi. The anticipated
operating life of MICF is thirty (30) years. The facitiry aiso consists af an o�ce/laboratory butiding, a
container managemern butiding, raii and truck unloadfig facilities, ieachate storage tanks and on-site
stormwater retention areas. The general stte pian !s Itiustrated on attaehed Exhlbit C,
Thfs Agreement aliows for the constnactlon of aU the roadways, railways, buiidings, leachate
storage tanks, stormwater retentian structures, santtary sewer, berming, landscaping, and other anctltary
components of MICF. This Agreement aiso ailows for the construction, operation, closure arxi postclosure
care of cetls 1, 2, and 3, and aii reiated earth work and excavation, subject to the provisions of this
Agreement, compiiance with Ctty ordinances and issuance of necessary permits.
4. Desiqn Plans and Specifications. USPCI shail construct MICF in aceordance wfth plans,
spec�ications and procedures approved by the Minnesata Pdiution Corrtrd Agency (MPCA), Dakota Courtty
(DC) and the City. Any exceptions to the approved pians and spec�cations made during constNction shaD
be listed in the Canstniction Certification provided pursuant to Item 9. USPCI shall not make �ny aiteration
or addition to the faciltty that would materiaAy aiter the method or effect of disposal wfthout first obtalning .
the wr'itten approvai of the City Administrator.
5. �ualit�Assuronce�.0uality Controt. USPCI shatt construct, operate, and monitor MICF irt
accordance with the quality assurance/quailty contrd pian(s) approved by MPCA. Any modifications to the
quality assurance/quattty contrd plan(s) require the w�ttten approval of the City Adminlstrator.
6. Additional Construction Permits. USPCI shal( obtain all required construction permits,
such as grading, excavation, buitding, piumbing, heating, electrical, and occupancy permits, In accordance
with the adopted standards, procedures, arxJ requirements of the Ciry. Ali consinaction permtts for
improvements kientified (n Section 3 and authorized by tssuance of the IUP are administratively issued and
administered.
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7. Gonstruction Inspection. USPCi shail instruct 1ts contractars and subcontractors to
contact the City at least two (2) working days in advance of routine inspectiQns (bultding, ptumbing,
electrical, etc,) required by the City. USPCi shaii contact the City at least ten (10) warking days in advance
of the commencement of construction af (iner insta!lations, leachate coilectton systems, anti final celi cove�.
During hours of construction, USPCI shatl grant the Ctry and tts agents, upon presentation ot proper
credentials, access to MICF for the purpose of Inspections and ertiforcemeni related to construction.
8. Sanitary Sewer Connection. USPCI shatl eonnect MICF to the Metropoift.an trrte�ceptor
and the Rosemount Wastewater Treatmer�t Ptant P�lor to the issuance of a Cert�cate of Occupancy for
MICF, USPCI must obtain approvals for the deslgn, constn�ctian, and financing/biliing agreements for the
sanitary sewer connection to the Metropolitan interceptor. USPCi wiil be responsibie for ali costs �esuiting �
from the sewer connection inciuciing, btrt not limheci to, the City's engineering, c;onstruction, permit#ing,
easement, and legai costs.
9. Sonstruction Ce�tificatlon. Within thlrty (30) days of constructfon compietfan, USPCi shait
submft to the Ctty a copy of the constnaction certification as required by MPCA.
10. Soil Protective Cover. The C'rty acknowledges the o�going nature of soil covec placement
and wili not requtre natice for inspections. The City and tts agents may make random tnspections
throughout the iffe of MICF
11. Ocerations and Mairttenance. USPCI shaA operate arxi maintain MICF in accordance
with the "Operationai Pians' (lidume IV of V, MICF Permiti Appiicationj, MPCA Permit, and DC Ucense. No
amendments may be rnade io the "Qperational Plans"wfthout the wrttten approval of the C�ty Atlministratar.
�2. Waste Accea#ance. USPCI shalt accept,reject, and manage wastes according to the
approved "Waste Acceptance Pian" (Volume IY of V, MtCF Permit Appiication. USPCI shail not dispose of
any wastes identified as unacceptable wastes in the `Waste Acceptance Ptan', Cit�r Zoning O�dinance, DC
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License or MPCA Permit. No amendments may be made to the `Waste Acceptance Pian` withaut ihe
written approval of the City Administraior.
13. Personnel Trainina. Ati USPCI personnel invdved In the operations and maintenance of
MiCF shail be trained, quai�ed, and cert�ed as identifieci in ihe "Operatianal P1ans"
14. Incidertt Reporting, ln any'A-type' inckient during operations at MiCF, as defined in the
'Operationat Contfngency Action Plan' (Volume V of V, MICF Permtt Appiication) USPCI shail nottfy#he
Ctry's Potice Departmerrt�y telephone wtthin two (2) haurs of the detection of the incklerrt. USPCI shaii
promptly fumish the Ctry with wrttten reports of the incident, as speclfied in ihe plans.
15. Genersi inspections. Records. Rec�ortinu, Enforcemerrt. USPCI shali, during normai
operating fiours, grant the Ctty and fts agents, upon presentation of proper credentials, access to MlCF for
the purpose of inspections and enforcement of this agreement Except for ic�formation deemed priviteged in
accordance with state iaw, USPCI shaii ailow the City to inspect wrltten documentation pertaining io
compliance by USPC1 with the terms ot thls IUP. Records pertaining to compliance at MICF shaii inciude,
but are not lim:ded to, operating records as described tn the `Operational Ptans', the "Operatlonai Contin-
gency Action Plan'� and MPCA Permft; inspection� recards; monitonng, irnestigaiion and modeling data;
personnei training records; reports and pians required by regulatory agencies; cnnespondenee w)th
regulatory agencies; and records and cor�espc�ndence regarding waste characterization, evatuation,
management, inspection and acceptance/rejection. AI! information obtained during the course of
inspections shail be used solely bythe Ciry or its agents for matters pertaining to ihis IUP.
USPCi shaii fumish the Cfty wfth a copy of the 'Annuai Report" accordi�g to the timetabie and
requirements of MPCA, as ident�ied in MPCA Permtt, •
16. CorrtingencY Actions. USPCi shati imptement coniingency and/or eorrectfve actions as
spec�ed in the permit appiication and MPCA Permit and DC License. USPCI shaU fumisfi the City with a
copy of the remedia{ measures report or remediai measufes plan, according to the timetable spec�ed in
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MPCA Permit. No amendments may be made to the'4perational Contingency Action Pian'or the
`Posidosure Cor�tingency Action Plan'without the wrftten approvat af the Ctry Administrator.
17. MonitorinaLRepartina. USPCI shafi monitor MICF in accordance with MPCA Permit.
Nothing shaii be construed to prevent USPCt fram exceeding MPCA Permit requirements:
18. , losure, USPCI shail dose MICF in ac�orciance wlth the requiremerrts of MPCA PermtL
USPCI shaii notify the Ciry at least ten (t0� working days prior to the date dosure activlties for each cet( are
scheduled to begin. USPCt shall notl#y the Ctry at least 90 days prior to the date fina{ closure activities for
MtCF are scheduled to begin. Upon compietion of closure of a cell or MICF, USPCI shali notify the Clty to
provide ihe opportunfry for a final inspection. A copy af the dosure cert�ication and supporting documern �
tation that is required by MPCA Permft shaii be submitted to the C'�ty upon submittai to the MPCA. No
arnendment may be made to the 'qosure Pian' (Vdume V of V, MICF Permft Appiication) without the
written approval of the City Administrator.
19. Postclosure. USPCI shail provide postciosure care of MICF in accordance with the
requirements of MPCA Permft. No amendments may be made ta the 'Postciosure Pian" (Vc>iume V of Y,
MICF Permit Appiication) wiihout the written approvat of the City Administrator.
20. Financiat Assurances. USPC1 shaA comply with the financiai assurance requirements of
MPCA Permit. No reduction ln the fina,nciai assurance requirements rnay be made without the wrttten
approvai of the City Administrator.
21. Develot�ment Commitment. The provisions of the Developmeni Commftment, approved
by the City CouncD on October 3, 1989, and dated October 17, 1989, are incorporated by reference as
conditions of the IUP and attached as Exhibit D.
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22. ResaonsibNitv tor Costa. USPCI and the City agree to furxi the aut-of-pocket expenses •
incurred by the Ctty in the review and fssuance of the IUP, according to the provtsions of the Development
Commftment. Costs incurred by the City for ongoing monitoring of the operatlon of MICF and adm(nistra-
tion of the IUP shall be paid by the Ctt�+.
23. Hours of Oueration. MICF operations are restricted to the hours of 6:00 a.m. to 8:00 p.m.,
Monday through Saturday. 'fhe hours of operation may be amended by the City Councii for reasonabie
cause.
24. Indemnificstion. USPCI shall defend, indemn'�fy and save the City, its afficers, and
employees harmiess from and against any and aii claims, sufts, demands, acttons, fines, damages and �
iiabilities, and aif costs and expenses related thereto (incfuding, withaut limttation, reasonable atiomeys'
fees) arising out of or in any way related ta MtCF.
25. Other Laws and Regulations. USPCI agrees to comply with ali other laws, regulations,
permfts, or licenses which apply to MICF.
26. Severabititv. I#any provisian of this Agreement is found to be trrvatid, such finding shali
have no affect on the validtty of ihe remainder o#thls Agreemeni.
27. Notice of�ofation. Notice of a violation af any provision of the IUP shaii be given to
USPCI by the Clty in wrlting. Such written notice shaD specify the vic�latlon and request that the vidation be z
corrected, USPCI shatl have ten (10) days after reeeipt of notice to carrect the violation. Upon evldence
that the heaith, safety, and weifare of the public is not in jeapardy and upon evidence of ditigent coopera-
tion by USPCI to correct the violation, the City Administrator may agree in writing to extend'the ten-riay
period. .
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28. Terminstion. This lUP shaU terminate on the happening o# any of the foitowing events,
whichever first occurs:
(t) frve (5) years from the date of this Agreemer►t;
(2) Upon change In the Cfry's zoning regulation which rerxlers the use non-conforming;
(3) By ihe City Councp {Councilj for vidation of any provisions of the 1UP, in accordance
w�th the fotiowing proceedures:
Tennination shail not occur eariier than ten (10) working days from the time that written notice of
termination is served on USPCI or, ff a hearing is requested, untii written notice af the Counc�actian has
been served on USPCi. Notice to USPCI shaii be served personally o�by registered or certi�ed malt at the
address designated (n the lUP. Such wrltten not(ce of teRnfnation shalF cor�tain the e#fective date of the
termination, the nature of the violation or v{oRations constituting the basis far the termfrzation, the facts whlch
support the conclusion that a violation or viotatians has occurred and a staiement that if USPCi desires to
appeal, ft must wfthin ten (10) working days, exciusfve of ihe day of service, flle a request for a hearing.
The hearing request shal( be in wrfting stating the grounds for appeal and be served personally ar by
registered or certified mail on the Ctty by midnight of the tenth (10th) woricing day foilawing senrice.
Foliowing receipt of a request for a hearing, the Ciry sha8 set a time and a place for the hearing.
HEARINGS:
A. tf USPCI properiy requests a hea�ing on termination of the IUF, such hearing shall be heid
before the Cauncil, or a hearing e�miner as provided below, and shail be open to the
pubtic.
B. Unless an e�ctension af time is requested by USPCi in writing directed to the City and is
granted, the hearing wili be held no later than forty-five (45) caiendar days after the date ot
service of request for a hearing, exclusive of the date of such service, in any event, such
hearing shail be heid no later than sixty (60) calendar days aftec the date of service of
request for a hearing, exciusive of'the date of such service.
C. The City shall maif notice of the heanng to USPCI at least fifteen (1 S) warking days prior to
the hearing. Such notice shali inciude a statemenf of time, piace, and nature af the
hearing.
D. Hearing Examiner: The Counclt may by resolution appoint an individuat, to be known as
the hearing examiner, to conduct the hearing and to make findings o#fact, canciusions,
and recommendations to the Counclt. The hearing examiner shall submit the ffndings of
fact, conciusions and recommendations to the Councii in a written report, and the Cauncii
may adopt, modify. or reject the �eport.
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E. Cc�nduct of the Hearina: USPCI may be represented by counsel. The Ciry, USRCi� and
additional parties, as determined by the Council or hearing ea�caminer, in that orcier, shall
present evidenca Ati testimony st�alt be swom under oath. Ail parties shall have ful!
opportuntty to respond to and present evidence, cross examine witnesses, and presertt
argument. The Counctl or hearing examiner may aiso examine wftnesses.
F. The City shall have the burden of proving its position by a preponderance of the evidence,
uniess a different burden is provided by substanthre law, and ail findings of fact, conctu-
sions, and decislons by the Councit shait be based on evtdence present and matters
. �c�aliy�otified.
G. All evidence which possesses probative va{ue, fnduding hearsay, may be admitted if ft }s
the type accustomed to rely in the conduct of their serious affairs. Evidence which is
incompetent, irrelevaM, immateriat, or unduly repetitious may be exciuded. The hearing
shall be cortPined to matte�s raised in the Ciry's written notice of termfnation or in USPCI's
written request for a hearing. ' .
H, At the request of the Ctty, USPCi, or the hearing examiner, a pre-hearing conference shait
be conducted by ihe hearing e�miner, ff the Councti has chosen to use o�e, or by a
designated representative of the Councii. The pre-hearing conference shaA be heid na tater
than five (5} working days before the headng. The purpose of the p�e-hearing conference
is to:
(1) Ciarffiy the issues to be determined at the hearing.
(2) Provide an opportunfity for discovery of all reievant documentary, photographic, or
other demonstrative evidence in the possession of each parry. The hearing
e�caminer o�City's represeniative may tequire each party to suppiy a reasonable
number of copies of relevant evicience eapabte vf reproduction.
(3} Prc�vide an opportun'rty for discovery of the fuil name and address of al! witnesses
who wiil be cailed at the hearing and a brief description of the facts and apinions to
which each is expected to test'rfy. if the names and addresses are nat known, the
party shail describe them thoroughly by Job derties and invavement with the facts at
issue.
i. If a pre-hearing cor�ference is held, evidence not divuiged as provided above may be
exciuded at the hearing.
J. If USPCI fails to appear at the hearing, tt shali forfeft any right to a hearing before the •
Councii or hearing examiner. :
29. Amendmerrts. Any change� in the provisions of this Agreement, requested by USPCi,
require the express written consent of the City. The City may at its option impose additionaf requitements
for the IUP,when changes or amendments in waste managemer�t nties, laws, or technology are in the best
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�nterest of pubiic health, safety, and welfare, or if there are changes in the MPCA Permft or DC Ucense.
7he proceciure to amend the IUP shaii be the same procedure required to issue the IUP.
30. Enforcemerrt. USPCI sMaU reimburse the City for tts reasonab{e costs (including without
iimitation engineering and legai fees) IncuRed in the enforcement of the !U�', which resuit in a Ciry Councii
decEsion to terminate the IUP. Paymerrt of these costs witi be in addftion to the City Service Cttiaarge,
provided for in ihe Development CommttmeM. �
31. irrterpretation. in any chatlenge of the provisions of this Ag�eemeM, the irrterpretation of
the provtsions shaii be Hberaity construed to protect the public heatth, safery, and wetfare.
32. AssiqnmeM. The IUP is not assigriabie or transferable without ihe express written consent
of the City. in the event an assignment of the IUP is proposed, the City may at�ts option impose addfitional
requirements to this Agreement or may require a new agreemen�
33. Notice. Notices gwen pursuant to this Agreement shal( be persona4ty delivered or sent by
certified mail to ihe Ctty of Rasemount, P. O. Box 510, Rasemount, Minnesota 55068-0510 ami to USPCi,
lnc., 13425 Courthouse Boulevard, Rosemouni, Minnesota 55468. A41 notices shaii be effective upon
receipt
34. Recording. Thls Agreement shaN run with the subJect tand and may be recorded in the
Dakota County Recorder's C?ffice.
IN WITNESS WHEREOF, the parties he�eto have executed tt�is �greement as of the date#irst
written above.
USPCt, ING.
A Delaware Corporation
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By:/ l //� ._/1 •
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CiTY OF ROSEMOUNT
By: � �_ ,�,-�- ���y'''"'�' ,"
E.B. McMenomy, Mayor
8y:
Stephan k, Ctry Ad strator
STATE OF N4FNhfES9�A )
) �
COUNTY OF -�m-�r� � )
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�The forego�ng instrumerrt was acknowiedged before me this�day of �1 U--t�'c--��-
iss2, by —a�.c. ��� ns Sr, V►'t� P�eS��'ev�'. and . ks —
. on behatfi of USPCI, Inc. a Delaware Corporation
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Na PubEic
STATE OF MINNESOTA )
) �
COUNTY OF � r�. )
The foregoing {nstrument was acknotiMedged before me ihis���day af �P�� .
1992, by E. B. McMenomy, Mayor, arxi . , n behalf of the Cfry of Rosemount, a
Minnesota municipai corporation. =��G'('h�"�° t �-- -
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ry Public
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My Eomn. t�p;res lu�e I l, }992
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