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CITY ~ ELF VE <br />SLID wA.STE FACILITY <br />LICENSE A~EEIENT <br />THIS AGREEMENT, entered into and effective this 1 nth day of Feb~~uary, 2010, <br />by and between the CITY CF ELK RIVER, a Minnesota municipal corporation <br />(hereinafter referred to as the City}, and ELK RIVER LANDFILL, INC,, a Minnesota <br />corporation thereinafter 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 Rive~• Code of Ordinances, for the <br />operation of a sanitary landfill thereinafter referred to as the Landfills on the real <br />properties described on Exhibit A attached hereto thereinafter 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 conte~nparaneous 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, Inc. Licensee} conditioned upon compliance witl~ 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 welfare 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 February 17, 2009; and <br />WHEREAS, the City Council has determined that for reasons related to public <br />health, safety, and welfare tlae final elevation of the Landfill should be limited to no snore <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 far renewal of the Solid Waste Facility License on <br />December 28, 2x09; 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 VL~aste 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 activities on the Landfill Property subject to the terms, conditions and <br />qualifications hereinafter stated, to wit; <br />