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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED �CONDITIONAL USE PERMIT <br />THI� AGREEMENT, appraved on the I9th day of September, 2011 and ef�ective as <br />provided herein, by and between the CITY 0�' ELK RIVEl�, a Minnesota municipal cflr�oration, <br />(the "City"), and ELK RIVER LANDFILL, INC., a Minneso�a corpora�ion (the "Permitt�e"), <br />which is a whoily owned subsidiary of Waste Management, Inc. a Delaware corporation, provides <br />as follows: <br />RECITALS <br />WHEREAS, Permittee owns the real praperty described on Exhibit A attached hereto (the <br />"Landfili 1'raperty"j, situated in the City of Elk River, and <br />WHEREA�, permittee current�y operates a mixed municipal solid waste ("MSW"� Iandfill <br />(the "Lar�d�ill") on a portion of the Lantlfili Property pursuant to an arnended condiiaonal use <br />gertnit dated February 16, 20I0 {the "Existing CTJP"); ar�d <br />WHEREAS, Permittee applied on 3une 27, 2011 for an am�ndment of the Existing {:UP to <br />allow for a 31.8 acre expansion of the Landfill; and <br />WHEREAS, the City of Elk River Planning Commission az�d City Councii have held <br />hearings on the request ta amend �he Existing CUP, �t which hearings all citizens ofthe Ciiy af <br />Elk River antl ather interested parties have been proper�y notified and have had the opportunity to <br />be heard. <br />NOVI�, THEREFORE, BE IT RESOLVED by the City Co�ncil of the City of Elk River, <br />that Perrnittee is hereby granted an amended canditional use permit (the "Pernxit") for landfill and <br />