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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT <br />THIS AGREEMENT, entered into and effective this 21st day of April, 2008 by and between <br />the CITY OF ELK RIVER, a Minnesota municipal corporation, (hereinafter referred to as the City), <br />and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the <br />Permittee), which is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, <br />provides as follows: <br />WHEREAS, the Permittee owns the real properties described on Exhibit A attached hereto <br />(hereinafter referred to as the Landfill Property), situated in the City of Elk River; and <br />WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to January <br />20, 1987, and is currently operating a landfill at that location (the Landfill); and <br />WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance <br />authorizing the designation of a Solid Waste Facility (SWF) district effective January 20, 1987; and <br />WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or <br />conditional use in any zoning district within the City; and <br />WHEREAS, Permittee's landfill operation on the Landfill Property was a nonconforming use <br />prior to the adoption of the Amendment; and <br />WHEREAS, the appropriate and lawful regulation of the use of land for landfill purposes <br />within the City is a matter of important public need and interest; and <br />WHEREAS, the residents of the City could be adversely affected by the unregulated operation <br />of the Landfill; and <br />WHEREAS, the City rezoned the Landfill Property to SWF district and issued a Conditional <br />Use Permit and Solid Waste Facility License for the Landfill operation in October, 1988; and <br />