5.6. SR 08-15-2011 - Laserfiche WebLink

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CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT(Agreement), made and entered into this day of , 2011 by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and TILLER CORPORATION, a Minnesota corporation (Operator); WITNESSETH: WHEREAS, the City's Zoning Ordinance requires that a Conditional Use Permit be issued and that a Conditional Use Permit Agreement for mineral excavation be entered into; and WHEREAS, the Ciry Council by motion adopted January 15, 1996, approved a conditional use permit for the Operation of a gravel mining Operation on Property legally described on the attached Exhibit A (the Property), subject to certain conditions, including that Operator enter into a License Agreement and Conditional Use Permit with Ciry so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable Ordinances; and WHEREAS, on May 30, 1996, the City of Elk River entered into an Agreement for Issuance of a Conditional Use Permit for Mineral Excavation with Straightline Excavation, Inc. and Barton Sand & Gravel Co, a Division of Tiller Corporation; and WHEREAS, Tiller Corporation, successor to Straightline Excavation, Inc. and Barton Sand & Gravel Co., has made application to City for approval of an amended conditional use permit to operate a gravel mining Operation within the City on June 24, 2011; and WHEREAS, the City of Elk River Planning Commission and City Council held hearings on Operator's request for an amended conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties had the opportunity to be heard on the application; and WHEREAS, the Ciry Council by motion adopted August 15, 2011, approved an amended Conditional Use Permit for Tiller Corporation for the Operation of a gravel mining Operation (the Operation) on the Property, subject to conditions. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall supersede all prior Conditional Use Permits issued to Operator and its predecessors for mining of the Property, shall constitute the Conditional Use Permit for mineral excavation on the Property; and, and together with the License Agreement to be executed by City and Operator (License), shall govern the parties' rights, responsibilities, and obligations with respect to the Operation, subject to the compliance by all parties with applicable city ordinances and state and federal laws. Page 1 of 8