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<br />the environment as permitted by the Council's January 25,2006 policy, then ON BEHALF <br />OF THE APPLICANT, and to the best of my knowledge, I FURTHER CERTIFY that: <br /> <br />(4) The property owner was/is unable or unwilling to pay for appropriate remediation or <br />clean up; and <br /> <br />(5) Remediation or clean up must occur expeditiously to eliminate or mitigate the threat <br />to public health or safety or the environment; and <br /> <br />(6) No Responsible Party has been identified or is financially capable of carrying out the <br />remediation or clean up. <br /> <br />Eminent domain authority was used on or after Mav 20~ 2006, to acquire property <br />associated with the Project but, ON BEHALF OF THE APPLICANT and to the best of <br />my knowledge, I CERTIFY that eminent domain was used only for a "public use or <br />public purpose" and otherwise complied with the requirements of Minnesota Statutes <br />chapter 117 and other laws authorizing the exercise of the power of eminent domain. <br /> <br />THIS CERTIFICATION MUST BE SIGNED BY THE APPLICANT'S <br />AUTHORIZED OFFICIAL: <br /> <br />Name: Chris Miller <br /> <br />Title: Interim City Manager <br /> <br />Signature: <br /> <br /> <br />Date: <br /> <br />3571633.1 <br /> <br />13 <br />