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Sent by: DRB 6122919313; 05/12/97 19:06; Jef/=~( #243;Page 22/39 <br /> <br /> CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT <br /> <br />THIS AGREEMENT, made and entered into this __ <br /> <br />day of , ~ <br /> <br />[ 199T~! by and between the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> <br />(hereinafter referred to as thc City), and ELK RIVER LANDFILL, INC., a Minnesota <br /> <br />corporation (hereinafter referred to as the Permittee), [which is owned bv Sanifill. Inc.. a Texas <br /> <br />~orooration.that is a wholly owned subsidiatw of USA Waste Services; Inc.. a Delaware <br /> <br />corooration.] provides as follows: <br /> <br /> WHEREAS, thc Permittee owns the real properties described on Exhibit A attached <br />hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; and <br /> <br /> WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to <br />January 20, 1987, and is currently operating a landfill at that location (the Landfill); and <br /> <br /> WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance <br />authorizing the designation of a Solid Waste Facility (SWF) district effective JanuaD' 20, 1987; <br />and <br /> <br /> WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or <br />conditional use in any zoning district within the City; and <br /> <br /> WHEREAS, Perrnittee's landfill operation on the Landfill Property was a nonconforming <br />use prior to the adoption of the Amendment; and <br /> <br /> WHEREAS, the appropriate and lawful regulation of thc use of land for landfill purposes <br />within the City is a matter of important public need and interest; and <br /> <br /> WHEREAS, the residents of the City could be adversely affected by the unregulated <br />operation of the Landfill; and <br /> <br /> WHEREAS, the City rezoned the Landfill Property to SWF district and issued a <br />Conditional Use Permit and Solid Waste Facility License for the Landfill operation in October, <br />! 988; and <br /> <br /> WHEREAS, Permittee has applied to the City for _[amendment and] renewal of the Solid <br />Waste Facility License and has requested that the Conditional Use Permit be amended to permit <br /> <br /> <br />