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2020-031 Resolution Authorizing the Execution of First Amendment to Temporary Easement Agreement CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2020-031 RESOLUTION AUTHORIZING THE EXECUTION OF FIRSTAMENDMENT TO TEMPORARY EASEMENT AGREEMENT WHEREAS, on January 1 l, 2019, the City of Hopkins (the "City") and the Metropolitan Council (the "Council")entered into a Temporary Construction Easement Agreement(the"Agreement")to enable the Council to construct the Green Line Extension, also referred to as the Southwest Light Rail Project (the "Project"); and WHEREAS, subsequent to the execution of the Agreement, the Council determined that the depiction of the Temporary Construction Easement Area, as defined in the Agreement, must be modified to properly construct the Project; and WHEREAS,to accommodate such modification, a First Amendment to Temporary Easement Agreement (the "First Amendment") has been prepared, reviewed by the city attorney's office, and presented to the City Council on the date of this Resolution; and WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency ("MPCA") previously consented to the Agreement and must also consent to the First Amendment before the City may execute. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota that the recitals above are fully incorporated into and made a part of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Hopkins, Minnesota that the First Amendment is approved and the Mayor and City Manager are authorized to execute said document, provided, however, that such approval and execution are expressly conditioned on the MPCA first executing a written consent to the First Amendment in a form approved by the city attorney. NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of Hopkins, Minnesota that the Mayor, City staff, City attorney and City consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Approved this 2°d day of June, 2020, by the City Council of the City of Hopkins, Minnesota. CITY OF HOPKINS, MINNESOTA � ason Gadd, ayor Attest: Amy Domeier, City Clerk 655084.v1