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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 <br />mutual promises and conditions hereinafter contained, it is hereby <br />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 <br />and, to be executed by City and Operator, shall govern the parties rights, <br />responsibilities, and obligations with respect to the operation, subject to <br />the compliance by all parties with applicable city ordinances and state <br />and federal laws. <br /> <br /> 2.) Warranty of Operator- Operator hereby warrants and <br />represents to the City, as inducement to the City's entering into this <br />agreement, that the Operator is the fee owner of the subject property or <br />has a valid lease for the operation and the fee owner of the subject <br />property shall also enter into this agreement. <br /> <br /> 3.) Conditions- The following general conditions shall apply to <br />the 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, <br />Zoning and other applicable ordinances; with the terms of <br />this Conditional Use Permit agreement and the license <br />agreement to be executed by the City and Operator; with the <br />City of Elk River's Environmental Impact Statement on <br />Mineral Excavation; and with the application materials and <br />plans submitted by the Operator, which plans and materials <br />are the basis for the City's approval of the Conditional Use <br />Permit. <br /> <br />(03) <br /> <br />The Operator shall orally notify the City of any violations of <br />this permit within 24 hours and follow this with notification <br />in writing within four (4) working days of the violation. The <br />Operator shall notify the City annually in writing of the total <br />area and amount of material mined and projected estimates <br /> <br />s: \b&z \ stever \gravcup.doc <br /> <br /> <br />