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Page 2 <br />WHEREAS, the City's Zoning Ordinance requires that an interim use permit be <br />issued and that an interim use permit agreement for mineral excavation be entered into. <br />NOW, THEREFORE, in consideration of the premises and the mutual promises <br />and conditions hereinafter contained, it is hereby agreed as follows: <br />1.) Entire Agreement- Except as otherwise provided herein, this Agreement <br />shall constitute the Interim Use Permit for the Property and, to be executed by City and <br />Operator, shall govern the parties' rights, responsibilities, and obligations with respect to the <br />operation, subject to the compliance by all parties with applicable city ordinances and state <br />and federal laws. <br />2.) Warrant~f 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 Interim Use Permit authorizes the site to include a yard waste site on <br />the Property. <br />(02) All yard waste mineral excavation and processing operations on the property <br />shall comply with the City's Mineral Excavation, Zoning and other applicable <br />ordinances; with the terms of this Interim 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 Interim Use <br />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 1St through <br />May 31St. The annual license fee is that which is specified by the Elk River <br />City Council at time of renewal. <br />(05) Violations of this Interim Use Permit may result in suspension or revocation. <br />(06) The City Environmental Administrator and/or his/her agents shall be <br />permitted to inspect the Operation for compliance with the conditions of <br />this permit during normal hours of operation. <br />s~\planning main\case files\cup\cu 09-09 bel~ius\yardwastesitecup.doc <br />