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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />WASTE DELIVERY CONTRACT <br /> <br />BETWEEN SHERBURNE COUNTY <br /> <br />AND <br />CITY OF ELK RIVER <br /> <br />This Waste Delivery Contract (the Contract) is made this day of <br />, 2000, by and between the COUNTY OF SHERBURNE ("the <br />County"), 13880 Highway 1 a, Elk River, Minnesota, a political subdivision under the Laws <br />of Minnesota, and CITY OF ELK RIVER, ("City") a municipal corporation under the laws of <br />Minnesota. <br /> <br />WHEREAS, the County has entered into a Design and Construction Agreement and a <br />Service Agreement with Northern States Power Company (NSP) for the design, <br />construction, ownership and operation of the Elk River Resource Recovery Facility <br />(Facility) located in Elk River, Minnesota; and <br /> <br />WHEREAS, the County is contractually obligated under the Service Agreement with <br />NSP to deliver a guaranteed amount of solid waste to the Facility; and <br /> <br />WHEREAS, the County has complied with the requirements of Minn. Stat. 3 115A.80 et <br />seq. to negotiate waste delivery contracts; and <br /> <br />WHEREAS, the County has the authority, pursuant to Minn. Stat. 3 115A.80 et seq., and <br />473.813, to enter into a contract with the City of Elk River for the delivery of solid waste <br />from Eastern Sherburne County to the Facility for the purpose of processing the solid waste; <br />and <br /> <br />WHEREAS, the City of Elk River desires to enter into a contract with the County to <br />deliver all of the Acceptable Waste for its residential program to the Facility. <br /> <br />NOW, THEREFORE, in consideration of the promises and mutual agreements <br />hereinafter set forth, the parties hereto agree as follows: <br /> <br />ARTICLE I. TERM <br /> <br />This Contract shall commence upon the effective date and shall continue through August <br />31,2008, unless earlier terminated pursuant to Article X, Section (J). This Contract may be <br />renewed by mutual written agreement of the parties extending the term hereof. <br /> <br />ARTICLE II. DEFINITIONS <br /> <br />1 <br />