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Page 2 <br />WI~REAS, the City of Elk River Planning Commission and City Council have held <br />hearings on Operator's request to amend the existing Conditional Use Permit, at which <br />hearings all citizens of the City of Elk River and other interested parties have had the <br />opportunity to be heard on the application; and <br />WI~REAS, the City Council by motion approved an amendment to the a <br />conditional use permit, allowirl~, a Yard Waste Site on the Property, subject to certain <br />conditions, including that Operator enter into an agreement to amend the conditional use <br />permit with City so as to fully comply with the City's Mineral Excavation, Zoning, and other <br />applicable ordinances; and <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 ~-sate site <br />The Property may include a yard waste site, provided an Interim Use Permit <br />far a Yard Waste Site is approved. <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 />QTY OF ELK RIVER OPERATOR <br />By: <br />Midwest Asphalt <br />By: <br />Its: <br />Its: Mayor <br />FEE OWNER <br />Richard Bury <br />By: By: <br />Its: City erk <br />STATE OF MINNESOTA <br />ss. <br />s: \plann;ng main\case files\cup\cu 09-10 midwest asphalt\gravcup-midwest allow compost.doc <br />