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WHEREA~, test wells may currently be located on certain of the <br />properties c~nveyed herein; and <br /> <br /> WHEREAS}, the Minnesota Pollution Control Agency ("MPCA") has <br />informally ~tated that it may not approve the sk±hill project <br />because of tge potential adverse environmental effect it may have <br />on maintain£~g the environmental integrity of the landfill site <br />located on the Development Property; and <br /> <br /> ? <br /> WI'IEREA8~ the State of Minnesota has adopted legislation <br /> <br />restricting and regulating the ownership of landfill sites; and <br /> <br /> WHEREASi the CITY is willing to accept the Alternate <br />RecreationaliParcel in addition to certain other items from ~I~lI <br /> <br />in lieu of re <br />operate the <br /> <br /> WHEREAS <br /> <br />lquiring WMMI to design, obtain permits, construct and <br />~kihill; and <br /> <br /> there are no other currently outstanding issues <br /> <br />between the 9arties other than as stated herein. <br /> <br /> NOW, THEREFORE, it is agreed by and between the parties hereto <br />as follows: <br /> <br /> 1. The CUP and the 1988 Agreement are respectively amended <br />to delete an~ obligations of WMMI to build and/or operate a skihill <br />facility on ~he Development Property. <br /> <br /> 2. UpOn execution of this Amendment to Development <br />Agreement, WI~ I shall execute and deliver to the CITY the following <br />items: <br /> <br />The Warranty Deed attached hereto as Exhibit <br />"C'~ and by this reference made a part hereof <br />coqveying to the CITY without restriction or <br />covenant a parcel of land of approximately 22.5 <br />ac~es adjacent to Sunfish Lake Boulevard and <br />153~rd Avenue and including that property owned <br /> <br /> 2 <br /> <br /> <br />