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Page 3 <br /> 1.) Entire Agreement- Except as otherwise provided herein, this <br /> • Agreement shall constitute the Conditional Use Permit for the Property and, <br /> together with the License Agreement to be executed by City and Operator, <br /> shall govern the parties rights, responsibilities, and obligations with respect <br /> to the Operation, subject to the compliance by all parties with applicable city <br /> ordinances and state and 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 <br /> the Operator has a valid lease for the operation and the fee owner of the <br /> subject property shall also enter into this 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, zoning <br /> 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 excavation; <br /> and with the application materials and plans submitted by the <br /> operator, which plans and materials are the basis for the City's <br /> 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 /> writing within 4 working days of the violation. The operator <br /> shall notify the City annually in writing of the total area and <br /> amount of material mined and projected estimates of area and <br /> amount of material to be mined in the following year. This is to <br /> be done at time of license renewal. <br /> (04) The license must be renewed annually and shall run from <br /> January 1st through December 31st. The annual license fee is <br /> that which is specified by City Code at time of renewal. This <br /> license fee is not in lieu of gravel tax collected by the County <br /> and a portion of which the City receives. <br /> (05) Violations of this Conditional Use Permit may result in <br /> • suspension or revocation. <br /> s:\b&z\stever\gravcup.doc <br />