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<br />. <br /> <br />. <br /> <br />. <br /> <br />kind, such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, <br />poisons, drugs and such other materials as may be specified in writing from time to <br />time by the County. <br /> <br />ARTICLE III. REPRESENTATIONS <br /> <br />A. City of Elk River Representations <br /> <br />1. The City of Elk River is a Municipal corporation in the State of Minnesota. <br /> <br />2. The City has full power and authority to execute the Contract and such execution <br />constitutes a binding legal obligation of the City that is fully enforceable in <br />accordance with its terms and conditions. <br /> <br />3. The execution of the Contract does not conflict with any other agreement, <br />indenture or any other instrument to which the City is a party. <br /> <br />B. County Representations <br /> <br />1. The County is a political subdivision of the State of Minnesota. <br /> <br />2. The execution of this Contract by the Chairperson of the Board of County <br />Commissioners has been duly authorized and approved by the Board of County <br />Commissioners, and no other authorizations, approvals, or consents are required <br />in order for this Contract to constitute a binding and enforceable legal obligation <br />of the County. <br /> <br />ARTICLE IV. PURPOSE <br /> <br />The County recognizes that the City of Elk River has municipal garbage collection for its <br />residential properties (consisting of four or less dwelling units in a single building) and the <br />scope of this agreement is for the benefit of providing the lower tip fee to the City, which <br />desires to use the Facility as its primary waste management method. <br /> <br />ARTICLE V. OPERATIONS <br /> <br />A. Delivery of Acceptable Waste <br /> <br />1. Except as otherwise provided in this Contract, the City agrees to deliver all <br />Acceptable Waste it collects to the Facility or such other points of delivery for <br />processing as specified by the County. Any waste that is not going to be <br />processed and has to be diverted will be sent to the Elk River Landfill. Any cost <br />above the tip fee shall be borne by the City. <br /> <br />2. The City agrees that it will not deliver any Unacceptable Waste to the Facility. <br /> <br />3 <br />