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CITY OF NEW BRIGHTON <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 13-026 <br />A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF AN <br />EXTENSION TO THE ACCESS AGREEMENT WITH ASHLAND, INC. FOR <br />GROUNDWATER MONITORING WELLS ON THE FORMER <br />NORTHWEST REFINERY SITE. <br />BE IT RESOLVED by the City Council ("Council') of the City of New Brighton, <br />rota ("City") as follows: <br />Section 1. Recitals. <br />1.01 The City has been working for several years with the Minnesota Pollution <br />)I Agency ("MPCA") and Ashland, Inc. ("Ashland") on the clean-up of the former <br />vest Refinery site (the "Property"). <br />1.02 In April 2011, the MPCA and Ashland executed a compliance agreement <br />("C rnpliance Agreement") which spelled out the obligations of Ashland to clean-up <br />port ns of the Property. The Compliance Agreement required Ashland to work with the <br />City i in access to the Property for remediation activities. <br />1.03. On September 27, 2011 the City and Ashland executed an Access and <br />Ind r inity Agreement ("Access Agreement') that allowed Ashland to enter the Property to <br />com tete remediation work pursuant to the Compliance Agreement. Ashland completed <br />the it remediation work required by the MPCA under the Compliance Agreement in the <br />wint r of 2012. <br />1.04. The MPCA has requested that Ashland install groundwater monitoring wells <br />as p rt of the Compliance Agreement. The groundwater monitoring is expected to take 2 <br />yea , commencing in the spring of 2013, necessitating an extension of the Access <br />Agr ment through September 30, 2015. <br />Section 2.- Approval of Agreement and Authorization to Execute. <br />2.01 The City Council hereby approves the Amendment to the Access Agreement <br />and uthorizes the Mayor and City Manager (the "Officers") to execute and deliver the <br />aar ment when the following condition is met: <br />