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located on t~ e Development Property. Failure of receipt by the <br />CITY of said!written communication from the MPCA within 60 days of <br />the date of ~is Agreement shall, at the option of the CITY, render <br />this Agreement null and void. <br /> <br /> 5. Th~s Agreement is further conditioned upon the CITY <br />receiving fr~m the MPCA an unconditional release of any State of <br />Minnesota environmental liens encumbering any of the real property <br />described inlparagraph 2 above. In addition, said release shall <br />include perm~sslon from the MPCA for use of the real property <br />transferred herein lying north of the 153rd Avenue I~ right-of-way <br />for residential purposes and for the use of the real property <br />transferred ~ying south of the 153rd Avenue 1~ right-of-way for <br />either activ~ recreational and/or residential purposes. In the <br />event said r~lease and permits are not obtained from the MPCA <br />within 60 d~s from the date of this Agreement, at the option of <br />the CITY, th~s Agreement shall become null and void. <br /> <br /> IN WI~NE~S WHEREOF, the parties have executed this Amendment <br />to DevelopmeBt Agreement as of the day and year first above <br />written. <br /> <br />CITY OF ~SE~ <br /> <br />WASTE MANAGEMENT OF MINNESOTA, <br />INC. <br /> <br />By: ~ By: <br /> <br /> Mayor <br />ATTEST: <br /> <br />5 <br /> <br />city Administrator <br /> <br />Its <br /> <br /> <br />