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AGREEMENT <br /> <br />This Agreement is made and entered into as of this . . day of <br />, 1994 by and between WASTE MANAGEMENT OF MINNESOTA, <br />INC. ("WMMI") and THE CITY OF RAMSEY, a Minnesota municipal <br />corporation (the "CITY"). <br /> <br /> WHEREAS, WM/~I entered into a Development Agreement dated July <br />7, 1988, with the CITY ("the 1988 Agreement"); and <br /> <br /> ~EREAS, the CITY granted a Conditional Use Permit dated <br />November 15, 1988, (the "CUP") to WMMI, which CUP contained certain <br />performance goals; and <br /> <br /> WHEREAS, WM~4I entered into a Settlement Agreement dated May <br />11, 1993, with the CITY (the "Settlement Agreement"); and <br /> <br /> WHEREAS, the 1988 Agreement requires WMMI to construct a ski <br />hill on a portion of certain real property owned by it located in <br />the CITY; and <br /> <br /> WHEREAS, the 1988 Agreement provides that if the Minnesota <br />Pollution Control Agency ("MPCA") does not approve the use of the <br />Development Property as a ski hill, the CITY may accept, in lieu of <br />WMMI's construction and operation of a ski hill, an alternate <br />parcel of land owned by W~MI consisting of approximately 50 acres <br />(the "Alternate Recreational Parcel"), the legal description of <br />which is attached hereto as Exhibit "A"; and <br /> <br /> WHEREAS, the MPCA in a letter dated October 6, 1994, expressed <br />its opposition to a ski hill on the Development Property; and <br /> <br /> WHEREAS, the CITY desires WMMI to convey the Alternate <br />Recreational Parcel to the CITY in lieu of construction and <br /> <br /> <br />