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Page 2 <br /> IIIWHEREAS, 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 <br /> mutual promises and conditions hereinafter contained, it is hereby <br /> agreed as follows: <br /> 1.) Entire Agreement- Except as otherwise provided herein, this <br /> Agreement shall constitute the Conditional Use Permit for the Property <br /> and, to be executed by City and Operator, shall govern the parties rights, <br /> responsibilities, and obligations with respect to the operation, subject to <br /> the compliance by all parties with applicable city ordinances and state <br /> and federal laws. <br /> 2.) Warranty of Operator- Operator hereby warrants and <br /> represents to the City, as inducement to the City's entering into this <br /> agreement, that the Operator is the fee owner of the subject property or <br /> has a valid lease for the operation and the fee owner of the subject <br /> property shall also enter into this agreement. <br /> III 3.) Conditions- The following general conditions shall apply to <br /> 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 <br /> property shall comply with the City's Mineral Excavation, <br /> Zoning and other applicable ordinances; with the terms of <br /> this Conditional Use Permit agreement and the license <br /> agreement to be executed by the City and Operator; with the <br /> City of Elk River's Environmental Impact Statement on <br /> Mineral Excavation; and with the application materials and <br /> plans submitted by the Operator, which plans and materials <br /> are the basis for the City's approval of the Conditional Use <br /> Permit. <br /> (03) The Operator shall orally notify the City of any violations of <br /> this permit within 24 hours and follow this with notification <br /> in writing within four (4) working days of the violation. The <br /> Operator shall notify the City annually in writing of the total <br /> 0 area and amount of material mined and projected estimates <br /> s:\b&z\stever\gravcup.doc <br />