Res 2015-15
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
RESOLUTION NO. 2015-15
RESOLUTION APPROVING WAIVER, RELEASE AND COVENANT NOT TO SUE
REGARDING DISCHARGE FEES FOR PROPERTY LOCATED AT
3720 EAST RIVER ROAD IN FRIDLEY, MINNESOTA
WHEREAS,
Prime Security Bank owned the real property located at 3720 East River
Road in Fridley (the “Property”) from 2012 to 2015 and, during 2012 to 2014, the Property
discharged ground water into the City’s sanitary sewer;
WHEREAS,
theCity demanded payment of discharge fees from Prime Security Bank,
which disputed its liability for the discharge fees;
WHEREAS,
the City and Prime Security Bank have engaged in discussions regarding
the discharge fees and their calculation, as well Prime Security Bank’s liability for the same;
WHEREAS,
the City and Prime Security Bank have negotiated a settlement of their
dispute regarding the discharge fees in order to avoid the expense and uncertainty of litigation
over the same;
WHEREAS,
the City will execute the Waiver, Release, Covenant Not to Sue Regarding
Discharge Fees for Property Located at 3720 East River Road and provide it to Prime Security
Bank in consideration for Prime Security Bank’s final payment of discharge fees and the final
quarterly standard stormwater and base sewer fee in the combined amount of $6,294.48.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Fridley:
1.The City Council hereby approves and authorizes the Mayor and City Manager to
execute the Waiver, Release and Covenant Not to Sue Regarding Discharge Fees for
Property Located at 3720 East River Road; and
2.The City Council hereby directs the Finance Director to provide a fully executed copy
of the Waiver, Release and Covenant Not to Sue Regarding Discharge Fees for
Property Located at 3720 East River Road in exchange for Prime Security Bank’s
payment of the negotiated final discharge fees and final quarterly standard stormwater
and base sewer fee in the combined amount of $6,294.48.
th
Passed and adopted by the City Council of the City of Fridley this 9 day of March, 2015.
______________________________
Scott J. Lund, Mayor
ATTEST:
_______________________________
Debra A. Skogen, City Clerk