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Page 2 <br />WHEREAS, the City of Elk River Planning Commission and City Council have held <br />hearings on Operator's request for a conditional use permit, at which hearings all citizens of <br />the City of Elk River and other interested parties have had the opportunity to be heard on the <br />application; and <br />WHEREAS, the City Council by motion approved an amendment to the conditional <br />use permit, allowing, the use of the property for yard waste site on the Property, subject to <br />certain conditions, including that Operator enter into a conditional use permit agreement <br />with City so as to fully comply with the City's Mineral Excavation, Zoning, and other <br />applicable ordinances; and <br />WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be <br />issued and that a conditional use permit agreement for yard waste sites 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 />The Existing Conditional Use permit Recorded as Document # 621697 (recorded May 19, <br />2006, approved Apri117, 2006), is hereby amended to include, in Section 3: <br />(24) Yard waste site <br />This Conditional Use Permit authorizes the Property as a yard waste site. <br />All other conditions of the Conditional use Permit remain in force and effect. <br />IN WITNESS WHEREOF, the City and Operator have caused this Agreement to <br />be duly executed on the day and year first above written. <br />CITY OF ELK RIVER OPERATOR <br />Midwest Asphalt <br />By: <br />By: <br />Its: <br />Its: Mayor <br />By: <br />Its: City Administrator <br />FEE OWNER <br />Richard Bury <br />By: <br />s~\planning main\case files\cup\cu 09-10 midwest asphalt\gravcup-midwest allow compost.doc <br />