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. ADDENDUM TO MEMORANDUM OF UNDERSTANDING <br />THIS ADDENDUM is made as of the day of 2010, by and between the <br />City of New Brighton, Minnesota, a Minnesota municipal corporation (the "City"), and Bell <br />Lumber and Pole Company, a /n ; Ptcth �:oreae f.,n ("Bell Pole"). <br />L BACKGROUND <br />1.1. The City and Bell Pole are parties to a Memorandum of Understanding dated November <br />13, 2007, relating to the operation of Bell Pole's facility at 778 First Street N.W. in the <br />City. <br />1.2. Due to odor problems resulting from changes in chemicals used for wood treatment by <br />Bell Pole during 2009, Bell Pole has developed additional procedures to address -odor <br />issues and the parties wish to amend the Memorandum of Understanding as provided <br />herein. <br />2. UNDERSTANDING <br />2.1. The Memorandum of Understanding is amended by adding the following as new <br />paragraph 2.4: <br />is 2.4. Before using a new treating solution in the wood treating process on the Bell Pole <br />Property, Bell Pole will assess the new solution using the following procedures: <br />• <br />2.4.1. Request and review technical information from the manufacturer <br />(MSDSs, technical data sheets). The focus of the review is to identify the <br />benefits/detriments to the wood treating process (such as compliance with <br />wood treating standards), worker health and safety, potential <br />environmental impacts, and potential odor impacts. <br />2.4.2. Request samples of the product from the manufacturer and conduct odor <br />and chemical tests. Odor tests will be conducted by a reputable <br />independent odor testing laboratory (such as St. Croix Sensory) by <br />heating the liquid sample to at least 80°F (the temperature of the product <br />recovery stack emissions) and collecting the vapor for analysis. <br />Chemical testing will be conducted by an independent laboratory for <br />organic compounds and physical properties (such as flash point). <br />2.4.3. Obtain written assurance by the product manufacturer that the product <br />formulation will be a reasonably consistent formulation and that material <br />formulation changes will be communicated to Bell Pole prior to delivery <br />of the product. <br />352941v3 CLL NEI 36-211 <br />