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Excavation License Page 3 --------------------------- <br />to the Haul Roads due to abnormal wear from Licensee’s operation as required by <br />the City Environmental Administrator. <br />B.Zoning Ordinance. The issuance of this License and the authority to conduct <br />mineral excavation operations in the City of Elk River pursuant to this License is <br />specifically conditioned on Licensee applying with the City for the necessary land use <br />approvals to bring the property into compliance with Section 900 of the City Code, <br />the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and <br />to supply the required application materials within 90 days of being directed by the <br />City to do so shall constitute grounds for suspension, revocation or non-renewal of <br />this License. <br />III.ADDITIONAL CONDITIONS <br />A.Additional Conditions. In addition to the conditions set forth above, Licensee <br />shall comply with such other requirements and conditions as the City Council shall <br />from time to time deem proper and necessary for the protection of its citizens and <br />the general welfare, or in a Conditional Use Permit issued by the City for the <br />operation. <br />B.Gravel Area Study and Plan. Licensee shall also comply with such additional <br />conditions as are necessary to bring the excavation operations authorized by this <br />License and the Property into compliance with the findings and conclusions of the <br />gravel area study and plan to be implemented by the City. <br />IV.EXPIRATION AND RENEWAL <br />This Excavation License shall expire on July 1, 2018, as provided by Section 42-56 <br />of the City Code. Application for renewal of this License may be made to the City <br />Council in the form required by the Mineral Excavation Ordinance. Issuance of this <br />License does not guarantee renewal or extension thereof. Renewal or extension of <br />this License shall be at the sole discretion of the City council upon its review of the <br />application for renewal. <br />V.EXCAVATION LICENSE FEE <br />Licensee shall promptly pay the License Application Fee and annual license fees <br />required by Section 42-54 of the City Code, in the amount of $6,341.70. This license <br />fee is not in lieu of the gravel tax collected by the county, a portion of which the City <br />receives. <br />VI.COSTS <br />Licensee shall reimburse the City for all costs incurred in the approval, <br />administration and enforcement of this License, including consultant and attorney’s <br />fees.