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• <br />J. Payments of any Net Resale Gains due to the State pursuant to this Agreement shall be <br />paid to the State in the form of a certified check or checks, or cashier's check or checks, payable to <br />the Minnesota Pollution Control Agency and shall reference the title of this Agreement and the <br />MacGillis and Gibbs Superfund Site. Checks payable to the Minnesota. Pollution Control Agency <br />shall be forwarded to: <br />Fiscal Services <br />Minnesota Pollution Control Agency <br />520 Lafayette Road <br />St. Paul, Minnesota 55155-4194 <br />K. The City shall notify the United States and the State in writing when payments are made <br />pursuant to this Section. In addition to notifying those persons listed in Section XVI (Notices and <br />Submissions), the City shall also notify the EPA Region 5 Financial Management Officer at the <br />following address: <br />Regional Financial Management Officer <br />Comptroller Branch MF -1 OJ <br />EPA - Region 5 <br />77 West Jackson Boulevard <br />Chicago, IL 60604 <br />L. Payments of any Net Resale Gains due to the United States on behalf of the DOI shall be <br />made by certified or cashier's check payable to the 'U.S. Fish & Wildlife Service" and shall <br />reference the Site name, the Site location, Account Number 14X5198, and City's name and <br />address, and shall be sent to: <br />Chief, Division of Finance <br />U.S. Fish & Wildlife Service <br />4401 North Fairfax Drive, Room 380 <br />Arlington, Virginia 22203 <br />M. The EPA and the MPCA hereby acknowledge that the City will retain portions of the <br />MacGilhs Property for public use; that the City will incur substantial costs in purchasing, holding, <br />redeveloping and selling the MacGillis Property; and that the City may not be able to sell or may <br />not realize any Not Resale Gains upon the We of the MacGillis Property or any portion thereof. <br />The City shall use reasonable efforts to sell the Mac=s Property for its fair market value taking <br />into account the City's redevelopment plans for the Property; the type, condition, history, and <br />New &igLM MuGg is & Q1bbe <br />A Wemew & Covembt Not to Sue <br />648734 -v7 - Jum 26,1997 - Pan 10 <br />-5 <br />