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Page 2 <br />346 384 <br />W PREAS, 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 />AREAS, the City Council by motion adopted May 19, 1997, <br />approved a conditional use permit for the operation of a gravel mining <br />operation (the Operation) on the Property, subject to certain conditions, <br />including that Operator enter into a License Agreement and 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 />NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereinafter contained, it is hereby agreed as follows: <br />I.) Exxtirg A=gmpni- 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.) W=anty 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 fee <br />owner of the subject property shall also enter into this agreement. <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. <br />(32) All mineral excavation and processing operations on the <br />property shalt 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 o£Ell- <br />River's Environmental Impact Statement on mineral excavation; <br />and with the application materials and plans submitted by the <br />f•\shrdoc\b&z\stovar\gravcup2.doc <br />