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. . . RESOLUTION NO. 4376 PAGE TWO the cleanup and avoid prolonged and complicated litigation between the PRPs and that the Consent Decree is fair, reasonable, practicable and in the public interest; and WHEREAS, the Consent Decree provides the following settlement provisions: 1. Mounds View's contribution cost to the Remedial Action of the site will be $26,000 2. The cost to Mounds View for reimbursement for natural resource damage to the site, $576.14 3. Covenant by the EPA and federal natural resource trustees not to take administrative action against the settling parties, of which the City is a member, except in instance(s) of failure to comply with payment schedule, instances where it is learned that the City contributed waste materials other than MSW or contributed MSW to the site in an amount greater than 1% or contributed disproportionately to the cumulative toxic or other hazardous effects of the hazardous substances at the site as compared to other contributions of waste material to the site. 4. Contribution protection - the City of Mounds View is protected from contribution claims or action as provided by federal law. THEREFORE, BE IT RESOLVED THAT the City Council in and for the City of Mounds View does hereby approve the following: 1. Authorization for the Clerk-Administrator to execute the Amended and Restated Oak Grove Sanitary Landfill site Trust Fund Agreement; and 2. Authorization for the Clerk-Administrator to execute the final form of the Oak Grove Sanitary Landfill Consent Decree; and 3. Authorization of payment of $26,000 from Undesignated Fund Balance to the U.S. Justice Department Lockbox Bank, CERCLA #05X8 and U.S.A.O. file #9300067 within 30 days of the entry of the Consent Decree; and 4. Authorization of payment of $576.14 from Undesignated Fund Balance to the United States Fish and wildlife Service within 30 days from the entry to the Consent Decree.