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Sent by: DRB 6122919313; 05/12/97 18:56; Jetrax #243;Page 2 <br /> <br />CITY OF ELK RIVER <br />SOLID WASTE FACILITY <br />LICENSE AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this <br /> <br />day of <br /> <br />~ 9~ by and between the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> <br />(hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota <br /> <br />corporation (hereinafter referred to as the Licensee). <br /> <br /> WHEREAS, the Licensee made application to the City in 1988 for the issuance ora solid <br />waste thcilities license, pursuant to Elk River Code of Ordinances § 604.26, for the operation of a <br />sanitary landfill (hereinafter referred to as the Landfill) on the following real properties described <br />on Exhibit A attached hereto (hereinafter referred to as the Landfill Property) situated in the City <br />of Elk River, for which the City Council directed the issuance of a conditional use permit <br />contemporaneous with the issuance of a license; and <br /> <br /> WHEREAS, the City Council directed the issuance of a solid waste facilities license to Elk <br />.River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the <br />October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of the <br />Landfill on the general welfare of persons and property within the City; and <br /> <br /> [WHgREAS. the License w_a.s renewed every t_wo years with the most recent renewal <br />occumn~ on la. nuary_ 16_ 1096: a~dl <br /> <br /> WHEREAS, Licensee has applied for [an amendment to .andl renewal of the Solid Waste <br />Facility License issued in ~ [1996 to allow_construction of additional cells at the .Landfill: <br /> <br /> WHI:-R,EA$,. the City Council has determined that for reasons related to oublic health. <br />safety, and welfare the final elevlltion of the Landfill should be limited to no more than 1120 feet <br />above Mean Sea Level (MSL): and <br /> <br />WHEREAS. the Licensee. has a~reed to a final elevation of 1120 MSL1; and <br /> <br /> WHEREAS, the City Council ofthe City of Elk River has held a hearing on the proposed <br />[amendment andl renewal of the Solid Waste Facility License, at which hearing all citizens of the <br />City of Elk River and other interested persons have had the opportunity to be heard. <br /> <br /> NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts ~ [a.__p.n <br />a, men. ded and renewed] solid waste facilities license for the operation ora sanitany landfill and <br />related activities on O'htq' the Landfill Property subject to the terms, conditions and qualifications <br />hereinatier stated, to wit: <br /> <br /> <br />