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Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:59PM;Jet #563;Page 20/39 <br /> {Appruvcd-1/16/96} <br /> CITY OF ELK RIVER <br /> SOLID WASTE FACILITY <br /> LICENSE AGREEMENT <br /> THIS AGREEMENT, made and entered into this day of <br /> {1996} (l 9971, by and between the CITY OF ELK RIVER, a Minnesota municipal <br /> corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a <br /> Minnesota corporation (hereinafter referred to as the Licensee). <br /> WHEREAS, the 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 real <br /> properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill <br /> Property) situated in the City of Elk River, for which the City Council directed the issuance of <br /> a conditional use permit contemporaneous with the issuance of a license; and <br /> WHEREAS, the City Council directed the issuance of a solid waste facilities license to <br /> • Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth <br /> in the October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of <br /> the Landfill on the general welfare of persons and property within the City; and <br /> [WHEREAS, the License was renewed every two years with_the most recent renewal <br /> occurring on January 16, 1996; and] <br /> WHEREAS, Licensee has applied for fan ameIIdment to andl renewal of the Solid <br /> Waste Facility License issued in{ 8)11996 to allow a horizontal and vertical expansion of <br /> the Landfill: and <br /> WHEREAS. the City Council has determined that,forreasons related to public health. <br /> safety. and welfare the final elevation of the Landfillshould be limited to no more than 1120 <br /> feet above Mean Sea Level (Mal: and <br /> WHEREAS. the Licensee has agreed to a final elevation of 1120 MSL]; and <br /> WHEREAS, the City Council of the City of Elk River has held a hearing on the <br /> proposed jamendmenundl renewal of the Solid Waste Facility License, at which hearing all <br /> citizens of the City of Elk River and other interested persons have had the opportunity to be <br /> heard. <br /> • <br /> NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts {a jan <br /> amended and renewedl solid waste facilities license for the operation of a sanitary landfill and <br />