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<br />a'IT (F ELK HI VER <br />AGREEL\ENT F(R I SSU\1\CE (F <br />aN]: TI (N\L lEE PERM T <br />F(R M NERAL FXO\.VATI (N <br /> <br />THIS AGREEMENT, made and entered into this _ day of <br /> <br />2007, by and between the CITY OF ELK RIVER, a municipal corporation organized <br />C . ,.{ Deleted: Tiller <br />under the laws of the State of Minnesota (City), and ;rifler orporatwn,_ ~_". / <br /> <br />Minnesota corporation, hereinafter referred to as (Operator); <br /> <br />WITNESSETH: <br /> <br />WHEREAS, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mining operation within the City on <br />property legally described as follows: <br /> <br />The North 7'2 of Section 22 West of Trunk Highway 169, and the North 7'2 of <br />Section 21 East of RR ROWand South and East of Woodland Trails Park, <br />and the North 7'2 of the Northwest ){ of the Southeast ~ Section 21, and the <br />North 7'2 of the Northeast ){ of the Southwest ){ of Section 21 and the <br />Southwest ){ of Section 16 East of the RR ROWand Woodland Trails park <br />and South of County Highway 33, all in Township 33 North, Range 26 West, <br />Sherburne County, Minnesota. <br /> <br />(the Property); and <br /> <br />WHEREAS, 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 /> <br />WHEREAS, the City Council by motion adopted on this _ day of <br />, 2007, an amended conditional use permit for the operation of a <br />gravel mining operation (the Operation) on the Property, subject to certain <br />conditions, including that Operator enter into a conditional use permit <br />agreement with City so as to fully comply with the City's Mineral Excavation, <br />Zoning, and other applicable ordinances; and <br />