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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br /> FOR MINERAL EXCAVATION <br /> <br /> THIS AGREEMENT, made and entered into this __ day of , <br />2001, by and between the CITY OF ELK RIVER, a municipal corporation <br />organized under the laws of the State of Minnesota (City), and TILLER <br />CORPORATION, a Minnesota corporation, hereinafter referred to as (Operator); <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mining operation within the City on <br />property legally described as follows: <br /> <br />See Attached Exhibit "A", <br /> <br />(the Property); and <br /> <br /> WHEREAS, the City of Elk River Planning Commission and City <br />Council have held hearings on Operator's 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 <br />application; and <br /> <br /> WHEREAS, the City Council by motion adopted June 18, 2001, <br />approved a conditional use permit for the operation of a gravel mining <br />operation and hot-mix plant (the Operation) on the Property, subject to <br />certain conditions, including that Operator enter into a conditional use <br />permit agreement with City so as to fully comply with the City's Mineral <br />Excavation, 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 />mineral excavation be entered into. <br /> <br /> <br />