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Page 2 <br />WHEREAS, the City Council by motion adopted, A r / 7, 2000, <br />approved a conditional use permit for the operation A 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 fi1es\2006\cu1p\cu 06.04 midwest asphalt\gravcup-midwest.dec <br />