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Page 2 <br />WHEREAS, the City's Zoning Ordinance requires that a conditional use <br />permit be issued and that a conditional use permit agreement for mineral <br />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 />1.) Entire Agreement - Except as otherwise provided herein, this <br />Agreement shall constitute the Conditional Use Permit for the Property and, <br />to be executed by City and Operator, shall govern the parties' rights, <br />responsibilities, and obligations with respect to the operation, subject to the <br />compliance by all parties with applicable city ordinances and state and federal <br />laws. <br />2.) Warranty of Operator- Operator hereby warrants and represents <br />to the City, as inducement to the City's entering into this agreement, that the <br />Operator is the fee owner of the subject property or has a valid lease for the <br />operation and the fee owner of the subject property shall also enter into this <br />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 and the operation of a washing plant. <br />The operation of hot -mix asphalt plant is also authorized as long <br />as annually 25% of asphalt product is derived from the on -site <br />gravel operation and is conducted no later than 2021. <br />(02) All mineral excavation and processing operations on the property <br />shall comply with the City's Mineral Excavation, Zoning and <br />other applicable ordinances; with the terms of this Conditional <br />Use Permit agreement and the license agreement to be executed <br />by the City and Operator; with the City of Elk River's <br />Environmental Impact Statement on Mineral Excavation; and <br />with the application materials and plans submitted by the <br />Operator, which plans and materials are the basis for the City's <br />approval of the Conditional Use Permit. <br />(03) The Operator shall orally notify the City of any violations of this <br />permit within 24 hours and follow this with notification in writing <br />within four (4) working days of the violation. The Operator shall <br />notify the City annually in writing of the total area and amount <br />of material mined and projected estimates of area and amount of <br />