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Page 2 <br />(the Propert~; and <br />WHEREAS, the City of Elk River Planning Commission and City Council have held <br />hearings on Operator's request to amend the existing conditional use permit, at which <br />hearings all citizens of the City of Elk River and other interested parties have had the <br />opportunity to be heard on the application; and <br />WHEREAS, the City Council by motion approved an amendment to the conditional <br />use permit, allowing, a Yard Waste Site on the Property, subject to certain conditions, <br />including that Operator enter into an agreement to amend the conditional use permit with <br />City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable <br />ordinances; and <br />NOW, THEREFORE, in consideration of the premises and the mutual promises <br />and conditions hereinafter contained, it is hereby agreed as follows: <br />The Existing Conditional Use permit Recorded as Document # 301875 (recorded <br />October 27, 1994, approved October 17, 1994), is hereby amended to include, in Section 3: <br />(22) Yard waste site <br />The Property may include a yard waste site, provided a Conditional Use <br />Permit for a Yard Waste Site is approved. <br />All other conditions of the Conditional use Permit remain in force and effect. <br />IN WITNESS WHEREOF, the City and Operator have caused this Agreement to <br />be duly executed on the day and year fast above written. <br />QTY OF ELK RIVER OPERATOR/FEE OWNER <br />Plaisted Companies, Inc. <br />John W. Plaisted <br />By: By: <br />Its: Mayor Its: <br />By: <br />Its: City Administrator <br />n:\departments\communitydevelopment\planning\case files\cup\cu 10-20 plaisted\gtavcup-plaisted-dh chgs.doc <br />