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•~~~'798 X2879$ <br />~~ <br />l4~.4 ~J~~ <br />r._LllrL i~ <br />a r ::.~.:..~~s~sau <br />CITY OF ELK RIVER t'; ~ , '~~ J a Y <br />AGREE?4IENT FOR ISSUANCE 4F <br />CONDITIONAL USE PER~4IIT <br />FoR '96 ~lJL ? 5 r ~1 1 26 <br />:YII?v'ER_4L ExCAVATION ~ <br />~~ _ <br />THIS AGREEMEI~t'I', made and entered into this ~~ dog of <br />. I996, by and between the CITY OF ELK RIMER, a municipal <br />corporation organized under the Iaws of the State of Minnesota (City), and <br />STRAIGHTLIItiFE E~CA~TATIOI~F INC., a Minnesota corporation and <br />B.4RTON S_~ND 8;, CRA~r~L CO. a Division of Tiller Corporation, a <br />Minnesota corporation; hereinafter collectively referred to as (operator); <br />i~vZTNESSETH: <br />W~ERE.~S, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mfr,~r,g operation within the City <br />on property IegaIly described as follows: See attached Exhx-bit A. <br />(the Property); and <br />~RF~~S, the City of Elk River Planning Commission and Cite <br />Council have held hearings on Ogeratar's request for a eonditionai use <br />permit, at which hearings all citizens of the City of Elk River and other <br />interested parties have had the opportunity to be heard an the applicatiaa; <br />and <br />WHEREAS, the City Council by 3notian adapted January 1.~, ].995, <br />approved a conditional use permit far the operation of a gravel ,z,;,,;ng <br />operation (the Operation) on: the Property, subject to certain conditions, <br />izzcluding 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 />~~REAS, the City's Zoning Ordinance requires that a Conditional <br />Use Permit be issued and that a Conditional Use Permit Agreement far <br />mineral excavation be entered into. <br />NO~~, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereinafter crontained, it is hereby agreed as follows: <br />1.) Entire .~ereeznez~t- 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 />