RES 11-58 - Laserfiche WebLink

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The parties agree that the Expansion Fee shall be the only fee chazged by the City for the Non- Exempt MSW disposal at the Landfill. However, the Landfill shall remain responsible for all other applicable and customary fees, including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including pazk dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees. Any increase or decrease in the amount of the Expansion Fee must be in writing and must be executed by Pemuttee and the City. The Expansion Fee revenues may be used by the City for any lawful public purpose, including general fund purposes. The parties agree that the City has statutory authority to impose abatement fees on the Landfill and has done so in the past. However, that authority maybe subject to legal challenge and is subject to legislative scrutiny and alteration. Therefore, the City agrees, for so long as Permittee makes timely payment of the Expansion Fee, to waive its rights to impose such fees and to accept, in lieu thereof, the Expansion Fee described in this Agreement. If the City shall be required by law to collect from Permittee an abatement fee or similaz landfill fee in addition to the Expansion Fee, then the Expansion Fee due and owing to the City shall be reduced by an amount equal to the amount of such required abatement fee collected by the City. The Expansion Fee is in lieu of the statutory landfill abatement fee for the disposal ofNon-Exempt MSW only. All other fees applicable to the Landfill (including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, planning and subdivision fees, including pazk dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees) shall remain in effect and applicable to the Landfill. 6.) MPCA Permit. Permittee's current MPCA permit, SW-74, authorizes a 68.8-acre expansion of the Landfill. This Permit will become invalid if Permittee has failed to submit by April 1, 2012 a MPCA permit amendment consistent with the scope of the expansion approved in this Permit. 7.) Scope and Conduct of Related Operations. (Ol) Recycling Center. This Permit authorizes a recycling center on the Landfill Property. The operation of a recycling center on the Landfill Property may be conducted if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations. CU_ll-12 RH Page 3