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<br />.. <br /> <br />RESOLUTION NO. 00-086 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN <br />AMENDMENT TO THE AGREEMENT AND COVENANT NOT TO SUE <br />AMONG THE UNITED STATES OF AMERICA, THE STATE OF MINNESOTA, <br />AND THE CITY OF NEW BRIGHTON <br /> <br />: THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON makes the following <br />': Findings of Fact: <br /> <br />!I <br />I <br /> <br />.. <br /> <br />1. The City of New Brighton entered into an Agreement and Covenant Not to <br />Sue Among the United States of America, the States of Minnesota, and the <br />City of New Brighton, Minnesota, (the "Covenant Not to Sue") effective <br />August 6, 1997; <br /> <br />2. The Covenant Not to Sue provided the City, among other things, with <br />protection from environmental liability under federal and state law <br />resulting from the City's purchase of property from the MacGillis & Gibbs <br />Company within the MacGillis & Gibbs/Bell Lumber and Pole Superfund <br />Site; <br /> <br />3. The City purchased property from the MacGillis & Gibbs Company in <br />1997 and has sold., transferred and conveyed portions of that property to <br />third parties; <br /> <br />4. The City now wishes to purchase a parcel of land from the Soo Line <br />Railroad dba the Canadian Pacific Railway (the "Soo Line Strip"); <br /> <br />5. The Soo Line Strip is within the MacGillis & Gibbs/Bell Lumber and Pole <br />Superfund Site and the City and its successors, assigns, and transferees <br />could become liable for the environmental remediation costs if the <br />Covenant Not to Sue were not amended to include the Soo Line Strip; and <br /> <br />6. The United States, the State of Minnesota, and the City now wish to <br />amend the Covenant Not to Sue to, among other things, include the Soo <br />Line Strip. <br /> <br />i NOW THEREFORE, the City Council hereby resolves to enter into the Amendment to <br />, the Covenant Not to Sue in the form attached hereto as Exhibit A and authorizes the <br />Mayor and City Manager to execute the amendment accordingly_ <br /> <br />~~d lhI>;J~-R day of September, 2000. ':l\ \. ". " <br /> <br />. ATTEST. ~ ~~t'r\ <br />, : ..~." Steve Larson, Mayor <br /> <br />11 '- <br /> <br />/ " V ~\\\(: f' (;,{~ <br /> <br />Margaret Egan, inance Director/City Clerk <br /> <br /> <br />.J_" <br />; '-ATTEST;".~-' ~ <br />I . <br /> <br />J / .~. <br /> <br />(SEAL) <br />