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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT <br />THIS AGREEMENT, approved on the 19th day of September, 2011 and effective as <br />provided herein, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation, <br />(the "City"), and ELK RIVER LANDFILL, INC., a Minnesota corporation (the "Permittee"), <br />which is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, provides <br />as follows: <br />RECITALS <br />WHEREAS, Permittee owns the real property described on Exhibit A attached hereto (the <br />"Landfill Property"), situated in the City of Elk River; and <br />WHEREAS, Permittee currently operates a mixed municipal solid waste ("MSW") landfill <br />(the "Landfill") on a portion of the Landfill Property pursuant to an amended conditional use <br />permit dated February 16, 2010 (the "Existing CUP"); and <br />WHEREAS, Permittee applied on June 27, 2011 for an amendment of the Existing CUP to <br />allow fora 31.8 acre expansion of the Landfill; and <br />WHEREAS, the City of Elk River Planning Commission and City Council have held <br />hearings on the request to amend the Existing CUP, at which hearings all citizens of the City of <br />Elk River and other interested parties have been properly notified and have had the opportunity to <br />be heard. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, <br />that Permittee is hereby granted an amended conditional use permit (the "Permit") for landfill and <br />