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Page 2 <br /> NOW, THEREFORE, in consideration of the premises and the mutual promises <br /> and conditions hereinafter contained, it is hereby agreed as follows: • <br /> 1.) Entire Agreement- Except as otherwise provided herein, this Agreement <br /> shall constitute the Conditional Use Permit for the Property and, to be executed by City <br /> and Operator, shall govern the parties rights, responsibilities, and obligations with respect <br /> to the Operation, subject to the compliance by all parties with applicable city ordinances <br /> and state and federal laws. <br /> 2.) Warranty of Operator- Operator hereby warrants and represents to the <br /> City, as inducement to the City's entering into this agreement, that the Operator has a <br /> valid lease for the operation and the fee owner of the subject property shall also enter into <br /> this agreement. <br /> 3.) Conditions- The following general conditions shall apply to the 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 property shall <br /> comply with the City's mineral excavation, zoning and other applicable <br /> ordinances; with the terms of this Conditional Use Permit agreement and <br /> the license agreement to be executed by the City and operator; with the • <br /> City of Elk River's Environmental Impact Statement on mineral <br /> excavation; and with the application materials and plans submitted by the <br /> Operator, which plans and materials are the basis for the City's approval <br /> of the Conditional Use Permit. <br /> (03)I The Operator shall orally notify the City of any violations of this permit <br /> within 24 hours and follow this with notification in writing within four (4) <br /> working days of the violation. <br /> (04) The operation shall be subject to gravel tax collected by the County, a <br /> portion of which the City receives: <br /> (05) Violations of this Conditional Use Permit may result in suspension or <br /> revocation: <br /> 4, <br /> (06) The City Building and Zoning Administrator and/or his/her agents shall be <br /> permitted to inspect the operation for compliance with the conditions of <br /> this permit during normal hours of operation. <br /> (07) The City's approval of this Conditional Use Permit is subject to the <br /> approval of appropriate permits by other governmental agencies. <br /> 08 explosivesshall be allowed for this o • <br /> ( ) No operation. <br /> p <br /> s:\b&z\stever\gravct,.doc <br />