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CITY OF ELK RIVER <br />SOLID WASTE FACILITY <br />LICENSE AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this __ day of ,2000, <br />by and between the CITY OF ELK RIVER, a Minnesota municipal corporation <br />(hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota <br />corporation (hereinafter referred to as the Licensee). <br /> <br /> WHEREAS, Licensee made application to the City in 1988 for the issuance of a <br />solid waste facilities license, pursuant to Elk River Code of Ordinances {} 604.26, for the <br />operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following <br />real properties described on Exhibit A attached hereto (hereinafter referred to as the <br />Landfill Property) situated in the City of Elk River, for which the City Council directed <br />the issuance of a conditional use permit contemporaneous with the issuance of a license; <br />and <br /> <br /> WHEREAS, the City Council directed the issuance of a solid waste facilities <br />license to Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the <br />conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the <br />potential adverse affects of the Landfill on the general welfare of persons and property <br />within the City; and <br /> <br /> WHEREAS, the License was renewed every two four years with the most recent <br />renewal occurring on May 19, 1997 July 20, 1998; and <br /> <br /> WHEREAS, the City Council has determined that for reasons related to public <br />health, safety, and welfare the final elevation of the Landfill should be limited to no more <br />than 1120 feet above Mean Sea Level (MSL); and <br /> <br />WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and <br /> <br /> WHEREAS, Licensee has applied for an amendment to and renewal of the Solid <br />Waste Facility License on January 21, 2000 ("Permit Application" 9/99) issued in <br />1997 to allow construction of a new demolition debris additional cells at the Landfill; <br />and <br /> <br /> WHEREAS, the City Council of the City of Elk River has held a hearing on the <br />proposed amendment and renewal of the Solid Waste Facility License, at which hearing <br />all citizens of the City of Elk River and other interested persons have had the opportunity <br />to be heard. <br /> <br /> NOW, THERFORE, the City grants to the Licensee, and the Licensee accepts an <br />amended and renewed solid waste facilities license for the operation of a sanitary landfill <br /> <br /> <br />