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Page 2 <br /> <br /> WHEREAS, 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 /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereinafter contained, it is hereby agreed as follows: <br /> <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 />shall govern the parties rights, responsibilities, and obligations with respect <br />to the Operation, subject to the compliance by all parties with applicable city <br />ordinances and state and federal laws. <br /> <br /> 2.) Warranty of Operator- Operator hereby warrants and represents <br />to the City , as inducement to the City's entering into this agreement, that <br />the Operator is the fee owner of the subject property. <br /> <br /> 3.) Conditions- The following general conditions shall apply to the <br />Operation: <br /> <br />(01) This Conditional Use Permit authorizes Mineral Excavation <br /> (gravel) from the Property. <br /> <br />(02) <br /> <br />All mineral excavation and processing operations on the <br />property shall comply with the City's mineral excavation, zoning <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, which plans and materials are the basis for the City's <br />approval of the Conditional Use Permit. <br /> <br />(03) <br /> <br />The Operator shall orally notify the City of any violations of this <br />permit within 24 hours and follow this with notification in <br />writing within 4 working 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 /> <br />(04) <br /> <br />The hcense must be renewed annually and shall run from <br />January 1st through December 31st. The annual license fee is <br />that which is specified by City Code at time of renewal. This <br /> <br />s:\b&z\stever\gravcup.doc <br /> <br /> <br />