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~~ <br />t <br />a ~.__,..~._:~..:~ <br />CITY OF ELK RIVER ~'`~1 ..~~1~'- .~ ~~ <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIOI~?4L USE PERNLIT <br />FOR <br />h2INER_AL EXCAVATION <br />iii, ~ - r~, ~,. <br />L _ ~ ~i'1 1 l b <br />THIS AGREEI~ZENT, made and entered into this ~~ day of~ <br />_i``'~ ~~ , 1996, b~= and between the CITE' OF ELk RI~%ER; a municipal <br />corporation organized under the laws of the State of Minnesota (City=), and <br />STR.~IGHTLIN-E EXCAVATION INC., a Minnesota corporation and <br />BARYON S<4ND & GR<4V'EL CO. a Division of Tiller Corp oraiion, a <br />Minnesota corporation; hereinafter collectively= referred to as (operator); <br />~~%ITNESSETH: <br />~%'HER.E<4S, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mining operation within the CitS= <br />on property= legally described as follows: See attached Exhibit A. <br />(the Property); and <br />~~THERE AS, the City of EIk River Planning Commission and City <br />Council have held hearings on Operator's request far a conditional use <br />permit, at which hearings all citizens of the City of EIk River and other <br />interested parties have had the opportunity to be heard on the application; <br />and <br />~~THEREAS, the City Council by motion adopted January I5, 199G; <br />approved a conditional use permit for the operation of a gravel mining <br />operation (the Operation) on the Property, subject to certain conditions, <br />including that Operator enter into a License Agreement and Conditional Use <br />Permit Agreement with City so as to fully comply= with the City's Mineral <br />Excavation; Zoning, and other applicable Ordinances; and <br />~~~HEREAS, the City's Zoning Ordinance requires that a Conditional <br />Use Permit be issued and that a Conditional Use Permit Agreement for <br />mineral excavation be entered into. <br />I~TO~~%, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereinafter contained, it is hereby agreed as follow=s: <br />1.) Entire Agreement- Except as otherwise provided herein, this <br />Agreement shall constitute the Conditional Use Permit for the Property and, <br />together with the License Agreement to be executed by City and Operator, <br />