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f ] <br /> CITY OF ELK RIVER <br /> • AGREEMENT FOR ISSUANCE OF <br /> AMENDED CONDITIONAL USE PERMIT <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 <br /> Minnesota corporation (hereinafter referred to as the Permittee), which is a <br /> subsidiary of Sanifill, Inc., a Texas corporation USA Waste of Minnesota. Inc., <br /> a Minnesota corporation, which is a wholly owned subsidiary of USA Waste <br /> Services, Inc., Waste Management, Inc. a Delaware corporation, provides as <br /> follows: <br /> WHEREAS, the Permittee owns the real properties described on Exhibit A <br /> • attached hereto (hereinafter referred to as the Landfill Property), situated in the <br /> City of Elk River; and <br /> WHEREAS, Permittee has been operating a landfill on the Landfill Property <br /> prior to January 20, 1987, and is currently operating a landfill at that location <br /> (the Landfill); and <br /> WHEREAS, the City adopted an amendment (the Amendment) to its zoning <br /> ordinance authorizing the designation of a Solid Waste Facility (SWF) district <br /> effective January 20, 1987; and <br /> WHEREAS, prior to the adoption of the Amendment, landfill use was not a <br /> permitted 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 <br /> landfill purposes within the City is a matter of important public need and <br /> interest; and <br /> WHEREAS, the residents of the City could be adversely affected by the <br /> • unregulated operation of the Landfill; and <br />