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CYTY ~F ELF RAVER <br />AGREEMENT FC~R ~S~U.A~CE ~F <br />AMENI]ET~ CNI~rTr~NAL 1USE PERMYT <br />THIS AGREEMENT, entered into and effective this 1Gth day of February, 201D~by and <br />between the CITY QF ELI RIVER, a Minnesota municipal corporation, thereinafter referred to as <br />the City}, and ELI. RIVER LANDFILL, INC,, a Minnesota corporation thereinafter referred to as <br />the Pe~m.ittee}, which is a wholly owned subsidiary of ~Iaste Management, Inc. a Delaware <br />corporation, provides as follows; <br />wHEREA.S, the Permittee owns the real properties described on Exhibit A attached hereto <br />~herei.nafter referred to as the Landfill P~:ope~ty}, situated .in the City of Ells Rive; and <br />WHEREAS, Per•~nittee has been operating a landfill on the Landfill. Property prior to January <br />2D,1987, and is currently operating a landfill at that location the Landfrl.l~; 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 20,19$7; 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 P~.•operty 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 />~1HEREAS, the City rezoned the Landf~l. 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 />