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Item 5.1
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09-23-2003
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Item 5.1
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Page 2 <br /> 11111WHEREAS, the City's Zoning Ordinance requires that a <br /> Conditional Use Permit be issued and that a Conditional Use Permit <br /> Agreement for 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 has a valid lease for the operation and the <br /> fee owner of the subject property shall also enter into this agreement. <br /> 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. <br /> (04) The operation shall be subject to gravel tax collected by the <br /> • County, a portion of which the City receives. <br /> s:\b&z\stev er\gravcu p.d o c <br />
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