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UTILITY INSTALLATION AGREEMENT <br /> FOR <br /> Elk River Landfill,Inc. Leachate Conveyance System <br /> THIS UTILITY INSTALLATION AGREEMENT ("Agreement"), made and entered into this <br /> day of 12019,by and between the CITY OF ELK RIVER, a municipal corporation <br /> organized under the laws of the State of Minnesota (the City), and Elk River Landfill,Inc. (the Developer). <br /> BACKGROUND <br /> Developer owns and operates Elk River Landfill (the "Landfill") within the corporate limits of the <br /> City. The Landfill generates leachate, which is currently trucked to and disposed of at the City's Wastewater <br /> Treatment Plant ("WWTP") pursuant to a Special Discharge Permit. <br /> City and Developer have agreed that it will be more efficient and environmentally safer for the <br /> leachate to be transported from the Landfill to the WWI'P via an underground leachate conveyance system <br /> ("LCS") rather than trucks, and enter into this Agreement to facilitate installation of the LCS. <br /> NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions <br /> hereinafter contained,it is hereby agreed as follows: <br /> 1. Leachate Conveyance System. <br /> (01) Location. The LCS shall be installed within the right-of-way of the City owned Great <br /> Northern Trail ("GNT") as shown on the plans attached as Exhibit A to this Agreement ("Plans"). <br /> (02) Components. The LCS shall consist of the following three primary components: <br /> (A) A privately owned leachate conveyance pipe extending from the Landfill to the lift <br /> station as shown on the Plans: <br /> (B) The lift station,in the location shown on the Plans;and <br /> (C) A publicly owned wastewater conveyance pipe extending from the lift station to the <br /> point at which the pipe enters the City's existing wastewater conveyance system, as shown <br /> on the Plans. <br /> (03) Ownership, Operation and Maintenance. <br /> (A) Developer Owned. That portion of the LCS extending from the Landfill to the lift <br /> station shall be permanently owned, operated and maintained by the Developer, subject to <br /> the terms of the License Agreement entered into between the parties on this date. <br /> (B) City Owned. The lift station and that portion of the LCS extending from the lift <br /> station to the City's existing wastewater system shall, upon acceptance by the City as <br /> provided in this Agreement, be owned, operated and maintained by the City. The City may <br /> use those components of the LCS that it owns and operates for the conveyance of <br /> wastewater as well as leachate. <br /> (04) Installation. The entire LCS shall be installed by Developer, at Developer's cost,pursuant to <br /> the Plans attached as Exhibit A and the terms of this Agreement. <br /> 1 <br />