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Page 3 <br />• to the Operation, subject to the compliance by all parties with applicable city <br />ordinances and state and federal laws. <br />2.) Warranty of Operator- Operator hereby warrants and <br />represents to the City as inducement to the City's entering into this <br />agreement, that the Operator has a valid lease for the operation and the fee <br />owner of the subject property shall also enter into this agreement. <br />3.) Conditions- The following general conditions shall apply to the <br />Operation: <br />(01) This Conditional Use Permit authorizes Mineral Excavation <br /> (gravel) Excavation from the Property. <br />(02) All mineral excavation and processing operations on the <br /> property shall comply with the City's mineral excavation, zoning <br /> and other applicable ordinances; with the terms of this <br /> Conditional Use Permit agreement and the license agreement to <br /> be executed by the City and operator; with the City of Elk <br /> River's Environmental Impact Statement on mineral excavation; <br /> and with the application materials and plans submitted by the <br /> operator, which plans and materials are the basis for the City's <br />. approval of the Conditional Use Permit. <br />(03) The operator shall orally notify the City of any violations of this <br />permit within 24 hours and follow this with notification in <br />writing within 4 working days of the violation. The operator <br />shall notify the City annually in writing of the total area and <br />amount of material mined and projected estimates of area and <br />amount of material to be mined in the following year. This is to <br />be done at time of license renewal. <br />(04) The license must be renewed annually and shall run from <br />January 1st through December 31st. The annual license fee is <br />that which is specified by City Code at time of renewal. This <br />license fee is not in lieu of gravel tax collected by the County <br />and a portion of which the City receives. <br />(05) Violations of this Conditional Use Permit may result in <br />suspension or revocation. <br />(06) The City Building and Zoning Administrator and/or his/her <br />agents shall be permitted to inspect the operation for compliance <br />. with the conditions of this permit during normal hours of <br />operation. <br />cupSHIEL/bz/sr <br />