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Page 2 <br /> WHEREAS, the City of Elk River Planning Commission and City <br /> • Council have held hearings on Operator's request for a conditional use <br /> permit, at which hearings all citizens of the City of Elk River and other <br /> interested parties have had the opportunity to be heard on the application; <br /> and <br /> WHEREAS, the City Council by motion adopted August 18, 1997, <br /> approved a conditional use permit for the operation of a gravel mining <br /> operation and hot-mix asphalt plant (the Operation) on the Property, subject <br /> to certain conditions, including that Operator enter into a License Agreement <br /> and Conditional Use Permit Agreement with City so as to fully comply with <br /> the City's Mineral Excavation, Zoning, and other applicable Ordinances; and <br /> WHEREAS, the City's Zoning Ordinance requires that a Conditional <br /> Use Permit be issued and that a Conditional Use Permit Agreement for <br /> mineral excavation be entered into. <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br /> promises and conditions hereinafter contained, it is hereby agreed as follows: <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 is the fee owner of the subject property. <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 and the operation of a hot-mix <br /> asphalt plant. <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 /> \\elkriver\sys\shrdoc\b&z\stever\gravcup.doc <br />