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WHEREAS, Sherman did not formally respond to the January 30, 2009 letter and no <br />ent regarding termination of the Agreement has been reached; <br />WHEREAS, the City now seeks to provide notice to Sherman of the default and the <br />s intention to exercise its options upon default under the Agreement, which remedies <br />de termination of the Agreement; <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New <br />in, Minnesota that: <br />1. The City Manager is authorized to provide to Sherman, in the form attached <br />hereto as Exhibit A, formal notice of Sherman's default under the Agreement and <br />the City's intention to exercise its remedies thereunder, absent cure or acceptable <br />assurances of cure of the default. <br />Adopted by the City Council of the City of New Brighton, Minnesota this 28d' day of <br />�nnq. <br />Steve Larson, Mayor <br />Maiers,--Finance Director/City Clerk <br />2 <br />