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CITY OF ELK RIVER <br /> AGREEMENT FOR ISSUANCE OF <br /> CONDITIONAL USE PERMIT <br /> FOR MINERAL EXCAVATION <br /> THIS AGREEMENT, made and entered into this day of <br /> 2001, by and between the CITY OF ELK RIVER, a municipal corporation <br /> organized under the laws of the State of Minnesota (City), and TILLER <br /> CORPORATION, a Minnesota corporation, hereinafter referred to as (Operator); <br /> WITNESSETH: <br /> WHEREAS, Operator has made application to City for approval of a <br /> conditional use permit to operate a gravel mining operation within the City on <br /> property legally described as follows: <br /> • See Attached Exhibit "A", <br /> (the Property); and <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 <br /> application; and <br /> WHEREAS, the City Council by motion adopted June 18, 2001, <br /> approved a conditional use permit for the operation of a gravel mining <br /> operation and hot-mix plant (the Operation) on the Property, subject to <br /> certain conditions, including that Operator enter into a conditional use <br /> permit agreement with City so as to fully comply with the City's Mineral <br /> 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 /> S <br />