Res 2016-32 Northern Stacks Envir. Indem. Agr.
RESOLUTION NO. 2016-32
RESOLUTION APPROVING PARTIAL RELEASE OF CITY OF FRIDLEY
ENVIRONMENTAL INDEMNIFICATION AGREEMENT FOR
LOTS 1 AND 2, BLOCK 1, NORTHERN STACKS, ANOKA COUNTY,
MINNESOTA, RECORDED AS ANOKA COUNTY DOCUMENT NO. 527400
WHEREAS, the City of Fridley and Northern Stacks I LLC, a Minnesota limited liability company, and
Fridley Land LLC, a Minnesota limited liability company, (individually and collectively referred to as
“Landowner”) are parties to that certain Environmental Indemnification Agreement, recorded with the
Registrar of Titles, Anoka County, Minnesota on December 17, 2014 as Document No 527400.005 (the
“Indemnification Agreement”) for property legally described as Lots 1 and 2, Block 1, Northern Stacks,
Anoka County, Minnesota (the “Property”); and
WHEREAS, the Indemnification Agreement established that the Landowner was required to obtain a No
Further Action from Pollution Control Agency (“PCA”) related to the Northern Stacks I, Phase I,
Remediation Plan. The Landowner has obtained a Certification of Completion, a PCA document superior
to a No Further Action Letter, from the PCA, for Lot 1, Block 1, Northern Stacks, Anoka County,
Minnesota (“Lot 1”) and thus has completely complied with its obligations under the Indemnification
Agreement as it relates to Lot 1; and
WHEREAS, the Indemnification Agreement encumbered certain real property in Anoka County,
Minnesota, legally described as Lots 1 and 2, Block 1, Northern Stacks, Anoka County, Minnesota; and
WHEREAS, the PCA, through its issuance of a Certificate of Completion, has affirmed that the
Landowner has completed response actions as set forth in the Landowner’s Northern Stacks Phase I
Remediation Action Plan (referred to as the voluntary response action plans by the PCA) for Lot 1,
Block 1, Northern Stacks, Anoka County (“Lot 1”). Landowner has requested that the City release the
Property from the obligations of the Landowner under the Indemnification Agreement; and
WHEREAS, the City of Fridley has agreed to execute this Partial Release and to release Lot 1, Block 1,
Northern Stacks I, Anoka County, Minnesota from any obligations arising under the Indemnification
Agreement as it relates to Lot 1; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley recognizes and
affirms that all required steps necessary to allow partial release of the Environmental Indemnification
Agreement have been taken in accordance with the agreement and that as it relates to Lot 1, Block 1,
Northern Stacks, the Environmental Indemnification Agreement shall be released.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25
DAY OF JULY, 2016.
________________________________
SCOTT J. LUND – MAYOR
ATTEST:
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DEBRA A. SKOGEN – CITY CLERK