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.. <br />'~~~'~~8 <br />Page <br />shall govern the parties rights, responsibilities, aad obligations with respect <br />to the Operation, subject to the compliance bg all parties with applicable city <br />ordinances and state and federal laws. <br />2.} 'warranty of Ot~eratox- Operatoz~ hereby warrants and represents <br />to the City , as inducement to the City's entering into this agreement, that <br />the Operator has a valid lease fox the operation and the fee owner of the <br />subject property shall also enter into this agreement. <br />3.) Conditions- The following general conditions shall apply to the <br />Operation: <br />(OZ) This Conditional Use Permit authorises Mineral Excavation <br />{gravel) from the Property_ <br />(02) ~Il mineral excavation and processing operations an the <br />property shall comply with the City's mineral excavation, zonizzg <br />and other applicable ordinances; with the terms of this <br />Conditional Use Permit agreement and the license agreement to <br />be executed by the City and operator; with the City of Elk <br />River's Environmental Impact Statement on mineral excavation; <br />and with the application materials and plans submitted by the <br />operator, whack plans and materials are the basis far the Gigs <br />approval of the Conditional Use Permit. <br />(03} The operator shall orally notify the Citg of any violations ofthis <br />permit within 24 hours and follow this with noti#icatzoz~. in <br />writing within 4 worlring days of the violation. The operator <br />shall notify the City annually in writing of the total area and <br />amount of material mined and projected estimates of area and <br />amount of material to be mined in the following year. This is to <br />be done at time of license renewal_ <br />(04} The license must be renewed ann~sally and shall run from <br />January Ist through I}ecember 31st. The annual license fee is <br />that which is specified by City Code at time of renewal. This <br />license fee is not in lieu o£ gravel tax collected by the County <br />and a portion of which the City receives. <br />(05) Violations of this Conditional Use Permit may result in <br />suspension or revocation. <br />~uQSr san~~~ <br />