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CITY OF ELK RIVER <br /> SOLID WASTE FACILITY <br /> LICENSE AGREEMENT <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 /> 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 /> 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 /> • 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 /> 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 /> WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and <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 /> 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 /> 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 />