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0 <br />Pollution Control Act, i.e., State of Minnesota v The MacGillis & Gibbs Company, Case Number <br />is <br />4:94 -CV -841, United States District Court for the District of Minnesota. Under these settlements, <br />the United States and the State will recover certain costs of their Response Actions at the Site. <br />H. The MacGillis Property is subject to the lien of real estate taxes, including delinquent <br />taxes, penalties, and interest in an estimated amount of approximately $600,000.00, and is subject <br />to tax forfeiture proceedings brought by Ramsey County, Minnesota. <br />I. The City has cooperated with the United States Fish and Wildlife Service of the DOI in <br />its efforts to recover damages for any destruction of natural resources arising from the Releases at <br />or from the Site. <br />J. The City represents, and for the purposes of this Agreement, EPA and the MPCA rely on <br />that representation, that as of the date of 'this Agreement the City has had no involvement with the. <br />Site, other than as a governing municipal unit. <br />K. The City intends to acquire the MacGillis Property either through the exercise of its <br />powers of eminent domain pursuant to the City Council resolution attached hereto as ExWWO., or <br />directly from the State holding title to tax forfeited property as trustee for local taxing jurisdictions, <br />pursuant to the letter of intent attached hereto as Exhibit . The City intends to acquire the Soo <br />Line Strip through voluntary purchase. The City's acquisition of the Property is contingent upon <br />the approval and execution of this Agreement. Nothing herein shall be construed as requiring the <br />City to acquire the Soo Line Strip, or requiring the City to acquire the MacGillis Property if <br />Ramsey County does not complete the tax forfeiture procedure. <br />L. After acquiring the Property, the City may perform limited environmental subsurface <br />investigation of the Property at the City's sole discretion, but only with the prior approval of EPA <br />and the MPCA. <br />TV. CONSMRATTON. <br />A. Except as expressly indicated to the contrary, the obligations of the City in this Section <br />IV shall be the obligations of only the City. The City's Transom shall have no obligations under <br />this Section IV, except as expressly indicated. <br />New BrighcQdMac(illlis & OR" <br />Agreement & Covenant Not to Sine <br />648734 -v7 - June 25,1997 - Page 6 <br />