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CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of , 1996, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and STRAIGHTLINE EXCAVATION INC., a Minnesota corporation and BARTON SAND & GRAVEL CO. , a Division of Tiller Corporation, a Minnesota corporation; hereinafter collectively referred to as (operator); WITNESSETH: WHEREAS, Operator has made application to City for approval of a conditional use permit to operate a gravel mining operation within the City on property legally described as follows: See attached Exhibit A. (the Property); and WHEREAS, the City of Elk River Planning Commission and City • Council have held hearings on Operator's request for a conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard on the application; and WHEREAS, the City Council by motion adopted January 15, 1996, approved a conditional use permit for the operation of a gravel mining operation (the Operation) on the Property, subject to certain conditions, including that Operator enter into a License Agreement and Conditional Use Permit Agreement with City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable Ordinances; and WHEREAS, the City's Zoning Ordinance requires that a Conditional Use Permit be issued and that a Conditional Use Permit Agreement for mineral excavation be entered into. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement- Except as otherwise provided herein, this • Agreement shall constitute the Conditional Use Permit for the Property and, together with the License Agreement to be executed by City and Operator,