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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br />FOR MINERAL EXCAVATION <br /> <br /> THIS AGREEMENT, made and entered into this ___ day of _______, 2017, by and <br />between the CITY OF ELK RIVER, a municipal corporation organized under the laws of <br />the State of Minnesota (City), and Tiller Corporation., hereinafter referred to as (Operator); <br /> WITNESSETH: <br /> WHEREAS, Operator has made application to City for approval of a conditional use <br />permit for gravel mining operations onto property within the City legally described as <br />follows: <br /> <br />See Exhibit A <br /> <br />(the Property); and <br /> <br />WHEREAS, the City of Elk River Planning Commission and City Council have held <br />hearings on Operat <br />the City of Elk River and other interested parties have had the opportunity to be heard on <br />the application; and <br /> <br /> WHEREAS, the City Council on February 21, 2017, by motion approved a <br />conditional use permit for the operation of a gravel mining operation (the Operation) on the <br />Property, subject to certain conditions, including that Operator enter into a Conditional Use <br />Permit Aineral Excavation, <br />Zoning, and other applicable ordinances; and <br /> <br /> se permit be <br />issued and that a Conditional Use Permit Agreement for mineral excavation be entered into. <br /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual promises <br />and conditions hereinafter contained, it is hereby agreed as follows: <br /> <br />1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall <br />constitute the Conditional Use Permit for the Property and, to be executed by City and <br />Operator, shall govern the parties rights, responsibilities, and obligations with respect to the <br />operation, subject to 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 represents to the City, as <br />the subject property or 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 the Operation: <br />