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~P~ ~ ~ ~~`~'i CITY OF ELK RIVER <br />SOLID WASTE FACILITY <br />LICENSE AGREEMENT <br />THIS AGREEMENT, entered into and effective this 15a` day ofMarch, 2004, by <br />and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter <br />referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation <br />(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 the Elk River Code of Ordinances, for the <br />operation of a sanitary landfill (hereinafter referred to as the Landfill) on the 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 <br />.issuance of 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 <br />license to Elk River Landfill, Ina (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 welfaze of persons and property <br />within the City; and <br />WHEREAS, the License was has subsequently been renewed, with the most <br />recent renewal occurring on November 19, 2001; 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 renewal of the Solid Waste Facility License on <br />March 15, 2004; 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 />and related acfivities on the Landfill Property subject to the terms, conditions and <br />qualifications hereinafter stated, to wit: <br />