5.3. SR 10-19-2009 - Laserfiche WebLink

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CITY OF ELK RIVER Handout Item 5.3. 10/19/09 SOLID WASTE FACILITY LICENSE AGREEMENT THIS AGREEMENT, entered into and effective this XX day of XX, 2009, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Licensee). WHEREAS, Licensee made application to the City in 1988 for the issuance of a solid waste facilities license, pursuant to the Elk River Code of Ordinances, for the operation of a sanitary landfill (hereinafter referred to as the Landfill) on the real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property) situated in the City of Elk River, for which the City Council directed the issuance of a conditional use permit contemporaneous with the issuance of a license; and WHEREAS, the City Council directed the issuance of a solid waste facilities license to Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and WHEREAS, the License was has subsequently been renewed, with the most recent renewal occurring on November 19, 2001; and [WMI1] WHEREAS, the City Council has determined that for reasons related to public health, safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL); and WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and WHEREAS, Licensee has applied for renewal of the Solid Waste Facility License on March 15, 2004; and WHEREAS, the City Council of the City of Elk River has held a hearing on the proposed amendment and renewal of the Solid Waste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard. NOW, THERFORE, the City grants to the Licensee, and the Licensee accepts an amended and renewed solid waste facilities license for the operation of a sanitary landfill and related activities on the Landfill Property subject to the terms, conditions and qualifications hereinafter stated, to wit: