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<br />RESOLU110N 9073 <br /> <br />RESOLU110N AUTHORIZING COMMENCEMENT OF LmGATION <br /> <br />WHEREAS, on or about October 7, 1991, the City acquired certain real property, <br />located at 1905 West County Road C from Midwest Great Dane Trailers, Inc.; <br /> <br />WHEREAS, in the Purchase Agreement for the Property, the Owner, Midwest Great <br />Dane Trailers, Inc., represented and warranted to the City that there were no hazardous <br />substances located on the Property and that the Property had not been used in connection <br />with the generation, disposal, storage, treatment or transportation of Hazardous Substances; <br />agreed to indemnify the City against any costs, expenses and liabilities arising out the <br />Owner's operation or ownership of the Property prior to the date of closing, including claims <br />for environmental contamination of the Property; and agreed to indemnify the City against <br />all liabilities which the City may incur as a result of the discovery of Hazardous Substances <br />on the Property. The owner of Midwest Great Dane Trailers, Ine:., Mr. Crosson, personally <br />guaranteed the Company's obligations. <br /> <br />WHEREAS, the Property is located in Municipal Development District No.1, <br />Industrial Development District No.1, and within the City's redevelopment project and is <br />subject to the Second Amended and Restated Development Agreement between the City <br />and Ryan Twin Lakes Limited Partnership. The Development Agreement obligates City to <br />convey the Property to Ryan Twin Lakes Limited Partnership for redevelopment; <br /> <br />WHEREAS, Ryan Twin Lakes Limited Partnership discovered Hazardous Substances <br />on the Property during its pre acquisition investigation of the Property; <br /> <br />WHEREAS, the City has undertaken various actions to remediate the Hazardous <br />Substance contamination discovered on the Property and has incurred costs and expenses <br />in connection with the remediation. <br /> <br />WHEREAS, City staff has been unable to reach an agreement with Midwest Great <br />Dane Trailers, Inc. and Mr. Crosson regarding Midwest Great Dane Trailers, Inco's and Mr. <br />Crosson's reimbursement of the City for the costs and expenses which the City incurred in <br />connection with the remediation of the Hazardous Substance contamination; <br /> <br />WHEREAS, the City staff and the City's legal counsel on this matter, Briggs and <br />Morgan, deem it necessary and advisable that the City commence litigation against Midwest <br />Great Dane Trailers, Inc. and Mr. Crosson to recover the costs and expenses which the City <br />incurred in connection with the remediation of the Hazardous Substance contamination; <br /> <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of <br />Roseville, that Briggs and Morgan, P.A is hereby authorized to commence legal action <br />against Midwest Great Dane Trailers, Inc. and Mr. Crosson to recover from Midwest Great <br /> <br />~1 <br />