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2.) Warranty of Operator- Operator hereby warrants and represents to the City, <br />as inducement to the City's entering into this agreement, that the Operator is the fee owner <br />of the subject property or has a valid lease for the operation and the fee owner of the subject <br />property shall also enter into this agreement. <br />3.) Conditions- The following general conditions shall apply to the Operation: <br />(01) This Conditional Use Permit authorizes mineral excavation (gravel) from the <br />Property. <br />(02) All mineral excavation and processing operations on the property shall <br />comply with the City's Mineral Excavation, Zoning and other applicable <br />ordinances; with the terms of this Conditional Use Permit agreement and the <br />license agreement to be executed by the City and Operator; with the City of <br />Elk River's Environmental Impact Statement on Mineral Excavation; and <br />with the application materials and plans submitted by the Operator, which <br />plans and materials are the basis for the City's approval of the Conditional <br />Use Permit. <br />(03) The Operator shall orally notify the City of any violations of this permit <br />within 24 hours and follow this with notification in writing within four (4) <br />working days of the violation. The Operator shall notify the City annually in <br />writing of the total area and amount of material mined and projected <br />estimates of area and amount of material to be mined in the following year. <br />This is to be done at time of license renewal. <br />(04) The license shall be renewed annually and shall run from June 1~` through <br />May 31~`. The annual license fee is that which is specified by the Elk River <br />City Council at time of renewal. This license fee is not in lieu of gravel tax <br />collected by the County, a portion of which the City receives. <br />(05) Violations of this Conditional Use Permit may result in suspension or <br />revocation. <br />(06) The City Building and Environmental Administrator and/or his/her agents <br />shall be permitted to inspect the Operation for compliance with the <br />conditions of this permit during normal hours of operation. <br />(07) The City's approval of this Conditional Use Permit is subject to the approval <br />of appropriate permits by other governmental agencies. <br />(08) No explosives shall be allowed for this operation. <br />(09) Reclamation <br />a. Reclamation shall be implemented on an annual basis pursuant to the <br />reclamation plans submitted by the Operator. <br />Page 2 <br />