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ENVIRONMENTAL ADDENDUM TO <br />REAL ESTATE SWAP CONTRACT <br />This Environmental Addendum to the Real Estate Swap Contract ( "Contract ") dated <br />February 21, 2007 between the City of Little Canada, a municipal corporation ( "City ") and <br />McDonald's USA, LLC, a Delaware limited Liability company ( "McDonald's ") is hereby <br />incorporated into and made part of the Contract and shall take precedence over conflicting <br />provisions, if any, in the Contract. <br />1. Pursuant to Section 7 of the Contract, the City has agreed to remove the sediment <br />pit/trough / oil -water separator at the car wash, as part of its obligations under Section 7 to <br />remove existing improvements and underground tanks at the car wash. In doing so, the City <br />agrees to remove and properly dispose of all liquid and solid material from the sediment <br />pit/trough / oil -water separator. In addition, the City hereby agrees that any soil or groundwater <br />contamination resulting from the sediment pit /trough / oil -water separator that must be <br />investigated or remediated, as required by the Minnesota Pollution Control Agency ( "MPCA ") <br />shall be the sole responsibility of the City. In the event such investigation or remediation is <br />required by the MPCA, the City shall complete such investigation and remediation in a manner <br />that results in receipt of a Site File Closure or No Further Action letter from the MPCA. <br />CITY and MCDONALD'S, by their execution below, indicate their consent to the telcns <br />of this Environmental Addendum. <br />CITY OF LITTLE CANADA MCDONALD'S USA, LLC <br />By: By: <br />Its: Its: <br />By: Date: <br />Its: <br />Portlnd1- 2356943.1 0099999 -00001 3 <br />