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<br />Page 2 <br /> <br />WHEREAS, the City's Zoning Ordinance requires that a conditional <br />use permit be issued and that a conditional use permit agreement for mineral <br />excavation be entered into. <br /> <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereinafter contained, it is hereby agreed as follows: <br /> <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 ,p?-1..t.i~!?' J".!-gl;?ts-, _ ._ - - -{ Deleted: parties <br />responsibilities, and obligations with respect to the .Qp~!'?-ti.9p.2 _.s.:u]Jj~~~. t<? Jl1~ __ _ - - -[ Deleted: 0 <br />compliance by all parties with applicable city ordinances and state and <br />federal laws. <br /> <br />2.) Warrantv of Operator- Operator hereby warrants and represents <br />to the City, as inducement to the City's entering into this agreement, that the <br />Opera tor is the fee owner of the ~ropertv . L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :: = -' Deleted: subject property <br /> <br />3.) Conditions- The following general conditions shall apply to the <br />Opera tion: <br /> <br />Deleted: or has a valid lease for <br />the operation and the fee owner of <br />the subject property shall also enter <br />into this agreement. ~ <br /> <br />(01) This Conditional Use Permit authorizes mineral excavation <br />(gravel) from the Property. <br /> <br />(02) All mineral excavation and processing operations on the <br />El9P~!'tr. _ ~4~lJ _ 5=9!llJ2ly_ _~it]1_ _ the_ _ <;!ty~~ _ Mil1_e!~! _ ~i5=~Y~!io_n-,_ _ - - -{ Deleted: p <br />Zoning 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 of Elk <br />River's Environmental Impact Statement on Mineral <br />Excavation; and with the application materials and plans <br />submitted by the Operator, which plans and materials are the <br />basis for the City's approval of ~he Conditional Use Permit. <br /> <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 <br />writing within four (4) working days of the violation. The <br />Operator shall notify the City annually in writing of.the total <br />area and amount of material mined and projected estimates of <br />area and amount of material to be mined in the following year. <br />This is to be done at time of license renewal. <br /> <br />(04) The license shall be renewed annually and shall run from June <br />1st through May 31st. The annual license fee is that which is <br />specified by the Elk River City Council at time of renewal. This <br /> <br />A Deleted: s:\b&e\rebecca\gravel ] <br />/ l pit\gravel pits\tiller\gravcup.doc , <br /> <br />c:\documpnt" and >,ettinlls\rhaull\loeal >,ettinlls\tpmnol'aJ'Y internet files\olk2\0'1'3ycunl l.do~. <br /> <br />I <br />I <br />I <br />