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the Minnesota Pollution Control Agency ("MPCA") has <br />informally-~.stated that it m~y ~ not approve the skihill project <br /> <br />because of ithe potential adverse environmental effect it may have <br />on maintaining the environmental integrity of the landfill site <br />located on ~he Development Property; and <br /> <br /> ~qtERJ~AI~,, tha C'rTY is will ing to accept ~he Alternate <br />Recreational~ Parcel in addition to certain other iteans from W~fMI <br />in lieu of r~quiring WM~I to design, obtain permits, construct and <br />operate the Skihill~ <br /> <br /> NOW, T~RE~ORE, it is agreed by and between the parties hereto <br /> <br />as follows: ~ <br /> <br /> 1. The! CUP and the 1988 Agreement'~are respectively amended <br />to delete any_obligations of WMNI to build and/or operate a skihill <br />facility on the Development Property. <br /> <br /> 2. Upon execution of this Amendment to Development <br />Agreement, WM~.I shall execute and deliver to the CITY the following <br /> <br />items: <br /> <br />The ~arranty Deed attached hereto as Exhibit <br />"C" ~nd by this reference made a part hereof <br />convgying to the CITY without restriction or <br />covenant a parcel of land or,approximately 22.5 <br />acres adjacent to Sunfish Lake. Boulevard and <br />153r~ Avenue and including that'property owned <br />by W~I located north of 153rd Avenue NW and <br />west~of Sunfish Lake Boulevard. -' <br /> <br />2 <br /> <br />I05 <br /> <br /> <br />