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• WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operators' 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 November 18, 1996, approved a conditional use permit for the operation of a ready-mix plant (the Operation) on the Property, subject to certain conditions, including that Operators enter into a Conditional Use Permit Agreement with City so as to fully comply with the City's 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 • concrete product processing 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 shall govern the parties rights, responsibilities, and obligations with respect to the Operation, subject to the compliance by all parties with applicable city ordinances and state and federal laws. 2.) Warranty of Operators- Operators hereby warrant and represent to the City, as inducement to the City's entering into this agreement, that the Operators are the fee owners for the Operation. 3.) Conditions- The following general conditions shall apply to the Operation: (01) This Conditional Use Permit authorizes Concrete Product Processing (Ready-mix) on the Property. (02) All concrete product processing operations on the property shall • comply with the City's zoning and other applicable ordinances, s:\b&z\stever\marshcup.doc Page 2