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WHEREAS, the City of Elk River Planning Commission and City <br />Council have held hearings on Operators' request for a conditional use <br />permit, at which hearings all citizens of the City of Elk River and other <br />interested parties have had the opportunity to be heard on the application; <br />and <br /> <br /> WHEREAS, the City Council by motion adopted November 18, 1996, <br />approved a conditional use permit for the operation of a ready-mix plant (the <br />Operation) on the Property, subject to certain conditions, including that <br />Operators enter into a Conditional Use Permit Agreement with City so as to <br />fully comply with the City's Zoning and other applicable Ordinances; and <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 <br />concrete product processing 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 />shall govern the parties rights, responsibilities, and obligations with respect <br />to the Operation, subject to the compliance by all parties with applicable city <br />ordinances and state and federal laws. <br /> <br /> 2.) Warranty of Operators- Operators hereby warrant and represent <br />to the City, as inducement to the City's entering into this agreement, that the <br />Operators are the fee owners for the Operation. <br /> <br /> 3.) Conditions- The following general conditions shall apply to the <br />Operation: <br /> <br />(01) <br /> <br />This Conditional Use Permit authorizes Concrete Product <br />Processing (Ready-mix) on the Property. <br /> <br />(02) All concrete product processing operations on the property shall <br /> comply with the City's zoning and other applicable ordinances, <br /> <br />s:kb&z\stever\marshcup.doc <br /> <br />Page 2 <br /> <br /> <br />