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- <br /> Page 2 <br /> WHEREAS, the City Council by motion adopted, 444/ 7 <br /> , . 2006, <br /> approved a conditional use permit for the operation off a gravel mining <br /> operation (the Operation) on the Property, subject to certain conditions, <br /> including that Operator enter into a conditional use permit agreement with <br /> City so as to fully comply with the City's Mineral Excavation, Zoning, and <br /> other applicable ordinances; and <br /> WHEREAS, the City's Zoning Ordinance requires that a conditional <br /> use permit be issued and that a conditional use permit agreement for mineral <br /> excavation be entered into. <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 /> to be executed by City and Operator, shall govern the 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 /> s:\planning\case filea\2006\cup\cu 06.04 midweet aaphalt\gravcup-midwest.doc <br />