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<br />CITY OF ELK RIVER <br /> <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT <br /> <br />THIS AGREEMENT, entered into and effective this 15th day of March, 2004 <br /> <br />by and between the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> <br />(hereinafter referred to as the City), and ELK RIVER LANDFILL, INC" a <br /> <br />Minnesota corporation (hereinafter referred to as the Permittee), which <br /> <br />is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, <br /> <br />provides as follows: <br /> <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 /> <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 /> <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 /> <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 /> <br />WHEREAS, Permittee's landfill operation on the Landfill Property was a <br />nonconforming use prior to the adoption of the Amendment; and <br /> <br />1 <br />