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• <br />(2) ERL executes the Agreement for Issuance of Amended Conditional Use <br />Permit approved by action of the City Council on this date; <br />(3) The Agreement for Issuance of Amended Conditional Use Permit <br />becomes effective by it's terms; <br />(4) ERL executes a stipulation for dismissal of the case filed in Sherburne <br />County District Court, now known as ERL I; the Appellants have <br />withdrawn their appeals to the Minnesota Court of Appeals in the matters <br />known as ERL I, II and IV; and all parties to the ERL I, II and IV litigation <br />have executed mutual releases of all claims arising from that litigation; <br />and <br />(5) ERL executes a covenant in a form acceptable to city providing that no <br />portion ofthe Tiller Property beyond the 27.2-acre fill area approved in <br />the CUP may ever be used for the deposit of Solid Waste. <br />D. The approval granted in this Resolution shall not become effective unless and <br />until the conditions of approval set forth in C. above are fully complied with <br />THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011. <br />• <br /> <br />r <br />Tina Allard, City Clerk <br />GP:3041145 v3 <br />J J. D etz, <br />-11- <br />