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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