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CITY OF ELK RIVER <br /> AGREEMENT FOR ISSUANCE OF <br /> AMENDED CONDITIONAL USE PERMIT <br /> THIS AGREEMENT, made and entered into this day of <br /> 1996 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 Permittee), provides as follows: <br /> WHEREAS, the Permittee owns the real properties described on Exhibit A attached <br /> hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; <br /> and <br /> WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to <br /> January 20, 1987, and is currently operating a landfill at that location (the Landfill); and <br /> WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance <br /> authorizing the designation of a Solid Waste Facility (SWF) district effective January 20, <br /> 1987; and <br /> • <br /> WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted <br /> or conditional use in any zoning district within the City; and <br /> WHEREAS, Permittee's landfill operation on the Landfill Property was a <br /> nonconforming use prior to the adoption of the Amendment; and <br /> WHEREAS, the appropriate and lawful regulation of the use of land for landfill <br /> purposes within the City is a matter of important public need and interest; and <br /> WHEREAS, the residents of the City could be adversely affected by the unregulated <br /> operation of the Landfill; and <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 <br /> October, 1988; and <br /> WHEREAS, Permittee has applied to the City for renewal of the Solid Waste Facility <br /> License and has requested that the Conditional Use Permit be amended to permit additional <br /> activities on the Landfill Property; and <br /> • <br />