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Sent by: DRB MINNEAPOLIS 6123405584; 07/16/98 14:31; Jet,ax #253;P?ge 2 <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 />,1998 <br /> <br />by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter <br /> <br />referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation <br /> <br />(hereinafter referred to as the Permittee), which is owned by Sanifill, Inc., a Texas corporation <br /> <br />that is a wholly owned subsidiary of USA Waste Services, Inc., a Delaware corporation, provides <br /> <br />as follows: <br /> <br /> WHEREAS, the Permit'tee owns the real properties described on Exhibit A attached <br />hereto (hereinai~er referred to as the Landfill Property), situated in the City of Elk River; and <br /> <br /> WHEREAS, Perrnittee has been operating a landfill on the Landfill Property prior to <br />January 20, I987, 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 ora Solid Waste Facility (SWF) district effective January 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 /> WHE~A$, Permittee's landfill operation on the Landfill Property was a nonconforming <br />use prior to the adoption of the Amendment; and <br /> <br /> WI-IF_,REAS, the appropriate and lawful regulation of the 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 />1988; 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 />construction of additional cells au the Landfill; and <br /> <br /> <br />