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Page 2 <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br /> promises and conditions hereinafter contained, it is hereby agreed as follows: <br /> 1.) Entire Agreement- Except as otherwise provided herein, this <br /> Agreement shall constitute the Conditional Use Permit for the Property and, <br /> I to be executed by City and Operator, shall govern the partie:,parties' rights, <br /> responsibilities, and obligations with respect to the operation, subject to the <br /> compliance by all parties with applicable city ordinances and state and <br /> federal laws. <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 the <br /> Operator is the fee owner of the subject property or has a valid lease for the <br /> operation and the fee owner of the subject property shall also enter into this <br /> agreement. <br /> 3.) Conditions- The following general conditions shall apply to the <br /> Operation: <br /> (01) This Conditional Use Permit authorizes mineral excavation <br /> (gravel) from the Property. <br /> (02) 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 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 <br /> Excavation; and with the application materials and plans <br /> submitted by the Operator, which plans and materials are the <br /> basis for the City's approval of the Conditional Use Permit. <br /> (03) 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 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 of <br /> area and amount of material to be mined in the following year. <br /> This is to be done at time of license renewal. <br /> (04) The license shall be renewed annually and shall run from June <br /> 1st through May 31st. The annual license fee is that which is <br /> specified by the Elk River City Council at time of renewal. This <br /> license fee is not in lieu of gravel tax collected by the County, a <br /> portion of which the City receives. <br /> c:\Users\dhuebncr\,1ppData\Local\Microsoft\Wmdm s\Temporal-) Internet <br /> Piles\Content.Outlook\Q7RB'IRKC\GR\\(k.P.docS:AP1 \NN1N(\Case Piles\2th)613\CUP\Cl 06 0313 09_ggreOtc <br /> lndustncs\GR11'CUP.IX)C <br />