HomeMy WebLinkAboutEDA August 18, 1998
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
Economic Development Authority Meeting - Tuesday, August 18, 1998 agenda
Call to Order - 7:00 PM Bookmark
Name
Approval of Minutes minutes
Discussion Items
1. Consider Relocation Payment/Commercial Auto
relocation
2. Schedule TourNarious Commercial Parks in Other Cities
3. Other Business
Adjournment
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tour
CITY OF ANDOVER
REQUEST FOR EDA ACTION
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DATE:August 18, 1998
AGENDA SECTION
Approval of Minutes
ORIGINATING DEPARTMENT
Oty Clerk
~.~ .
ITEM NO.
Approval of Minutes
The Economic Development Authority is requested to approve the following minutes:
August 4,1998
Regular EDA Meeting (Nowak absent)
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CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION
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DATE:
August 18, 1998
AGENDA SECTION
ORIGINATING DEPARTMENT
EDA Meeting
City Administrator
Richard Fursman
ITEM NO.
\ , Consider Relocation Payment/Commercial Auto
REQUEST:
The Economic Development Authority is requested to consider authorizing a payment of another one-
quarter of moving expenses to Charles Mistelski.
Crushers and a clean-up crew have been operating over the past six (6) weeks at Commercial Auto Parts
and have removed a significant amount of the inventory. The City's relocation consultant indicated at
the beginning of the process that based on two (2) bids, the cost of moving the salvage yard would be
$550,000. A single payment of $150,000 has been paid to Commercial for relocation which occurred
earlier in the year. The yard has been reduced by what appears to be 80 percent, so an additional
; payment of$150,000 seems appropriate.
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The City differs with the owner on eligible relocation expenses. The City considers parts sold or
crushed and then removed from the property a transaction and not a move to another location. The fact
remains, a significant portion of the yard has been cleared; therefore it is probable that relocation
expenditures have been incurred.
To date, the City has no verifiable information or confirmation to support the additional payments of
$150,000, other than what can be interpreted visually through inspection of the yard. While staff
recommends making available funds in consideration of progress on the yard, future reimbursement is
not recommended without invoices or similar appropriate documentation of moving expenses.
Staff further recommends that the City Administrator and City Attorney be given oversight authority
over the disbursement of the $150,000 to be incrementally distributed as progress is shown.
Sa mule Motion
The Economic Development Authority authorizes the payment of $150,000 in moving expenses to
Charles Mistelski incurred at Commercial Auto Parts to be distributed by the City Administrator and
City Attorney as additional moving goals are met.
CITY OF ANDOVER
REQUEST FOR EDA ACTION
DATE: Auqust 18,1998
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott Erickson,
Engineering
ITEM NO.
Schedule TourNarious Commercial Parks in Other Cities
ex.
The EDA is requested to consider a tour of commercial areas in consideration of ideas for the
Andover Commercial Park.
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CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY AND CITY COUNCIL
ACTION
DATE: August 18, 1998
AGENDA SECTION
ORIGINATING DEPARTMENT
EDA & City Council Meeting
City Administrator
Richard Fursman
ITEM NO.
ADD-ON
REOUEST:
The City Council and Economic Development Authority are requested to approve minor changes to the
Agreement and Covenant Not to Sue which was developed for the City's protection when dealing with
the redevelopment of the old salvage yard area.
The document was reviewed and approved previously, however, the EPA has made subsequent minor
changes to the document which requires the City to take the redundant action of approving this again.
AGREEMENT AND COVENANT NOT TO SUE
UNDER SECTION 122(h) OF CERCLA, 42 U.S.C. ~ 9622(h)
SOUTH ANDOVER SUPERFUND SITE
ANDOVER, ANOKA COUNTY, MINNESOTA
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII .
XIX.
TABLE OF CONTENTS
JURISDICTION
BACKGROUND .
PARTIES BOUND
DEFINITIONS
WORK TO BE PERFORMED
ACCESS . . . . . . .
DUE CARE/COOPERATION
FAILURE TO COMPLY WITH AGREEMENT
CERTIFICATION . . . . . . . . .
COVENANT NOT TO SUE BY U.S. EPA
RESERVATIONS OF RIGHTS BY U.S. EPA
COVENANT NOT TO SUE BY SETTLING PARTIES.
EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION
RETENTION OF RECORDS . .
NOTICES AND SUBMISSIONS.
INTEGRATION/APPENDICES
PUBLIC COMMENT
EFFECTIVE DATE
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TERMINATION
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
IN THE MATTER OF:
AGREEMENT AND COVENANT
NOT TO SUE
South Andover Site
Andover, Anoka County, Minnesota
U.S. EPA, REGION 5
CERCLA Docket No.
City of Andover,
Andover Economic Development
Authority,
Settling Parties.
PROCEEDING UNDER SECTION
122 (h) (1) OF CERCLA
42 U.S.C. ~ 9622(h) (1)
I. JURISDICTION
1. This Agreement and Covenant Not to Sue ("Agreement") is
entered into pursuant to the authority vested in the
Administrator of the U.S. Environmental Protection Agency ("U.S.
EPA") by Section 122 (h) (1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended
("CERCLA"), 42 U.S.C. ~ 6922 (h) (1), and to the authority of the
Attorney General of the United States to compromise and settle
claims of the United States. The authority vested in the
Administrator of U.S. EPA under Section 122(h) (1) of CERCLA has
been delegated to the Regional Administrators of the U.S. EPA by
U.S. EPA Delegation No. 14-14-0 (Oct. 31, 1989). Th~ Regional
Administrator for Region 5 delegated this authority to the
Director of the Superfund Division by U.S. EPA Delegation No. 14-
14 - D (Ma y 2, 1996).
2. This Agreement is made and entered into by U.S. EPA, and
the City of Andover and the Andover Economic Development
Authority ("Settling Parties"). Each Settling Party consents to
and will not contest U.S. EPA's jurisdiction to enter into this
Agreement or to implement or enforce its terms.
I I . BACKGROUND
3. This Agreement concerns the South Andover Superfund Site
("Site") located in the City of Andover, Anoka County, Minnesota.
The Site is a "facility" as defined by Section 101(9) of CERCLA,
42 U.S.C. ~ 9601(9).
4. The Site is located at 2050 Bunker Lake Boulevard in
the southern area of the City of Andover, Minnesota, and lS
comprised of several parcels of land which jointly total
approximately 50 acres. The Sice is irregula~ in shape. Bunker
Lake Boulevard defines the northern extent of che Site, while Jay
Street is located approximately 500 feet east of the Site.
5. Several small businesses lnvolved with used car and
auto part sales, auto salvage operations, and auto body repair
existed both at the Site and adjacent to the Site along both
Bunker Lake Boulevard and Jay Street. Increased residential
development was initiated 1/4-mile north of the Site in the early
1970s, and continued development is occuring to the east, north,
and south.
6. Waste storage and disposal activities began at the Site
during the mid-1950s. More than 1,000 drums of waste were stored
at the Site. Ink, ink and paint sludge, adhesives, chlorinated
and nonchlorinated solvents were stored, disposed of in trenches,
and burned at the Site. Solvent recovery, the storage of
transformers and salvaged electrical equipment, and smelting have
also occurred at the Site. Solid and liquid chemical waste
dumping and open pit burning of solvents occurred during the
1960s and 1970s. Drum storage and chemical waste disposal areas
were partially obscured by auto salvage operations and more than
three million waste tires. Two tire fires occurred at the Site.
The first occurred during July 1988 and was extinguished with
water. A second, much larger tire fire occurred in February
1989, The fire was smothered with sand.
7. Hazardous substances within the definition of Section
101(14) of CERCLA, 42 USC ~ 9601(14), were released into the
environment at or from the Site, posing a risk to human health or
the environment. These substances included: polycyclic aromatic
hydrocarbons ("PAHs"), polychlorinated biphenyls ("PCBs"), lead,
and antimony.
8. In July 1985, U.S. EPA notified twenty-one potentially
responsible parties ("PRPs") that it intended to conduct a
Remedial Investigation/Feasibility Study ("RIfFS") at the Site,
but that U.S. EPA would consider an offer by the PRPs to conduct
the RIfFS. Failure on the part of the PRPs to negotiate such
action resulted in the U.S. EPA conducting the RIfFS, in response
to the release or threatened release of hazardous substances at
or from the Site.
9. On October 22, 1981, U.S. EPA proposed the Site for
listing on the National Priorities List ("NPL"), set forth at 40
C.F.R. Part 300, Appendix B, pursuant to Section 105 of CERCLA,
42 U.S.C. ~ 9605. Final listing of the Site on the NPL occurred
on September 8, 1983.
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10. From the fall of 1985 through the summer of 1987, U.S.
EPA undertook an RI in response to a release or a substantial
threat of a release of hazardous substances to the groundwater at
the Site. Because contamination was found in groundwater, an FS
was conducted to evaluate possible remedies. U.S. EPA issued a
Record of Decision ("ROD") on March 30, 1988, which documented a
decision for remedial action of groundwater. U.S. EPA issued an
amendment to the ROD on June 9, 1992, as a result of a Design
Investigation ("DI"), which revealed that a discrete plume of
contamination did not exist at the Site. The amended ROD
required only continued monitoring of groundwater, the
abandonment of wells, and re-sampling of wells if action levels
are exceeded.
11. In June 1990, in response to a release or a substantial
threat of a release of hazardous substances in soils at the Site,
U.S. EPA commenced another RI/FS. The RI was completed on July
30, 1991, and the FS was completed on December 19, 1991. U.S.
EPA's remedy for contaminated soil was documented in another ROD
issued on December 24, 1991. The major components of the
selected remedy included the excavation and biological treatment
of predominantly PAH-contaminated soil, the excavation and off-
site disposal of PCB, heavy metal, and PAH-contaminated soil, and
removal of drums. In May 1994, an amendment to the ROD for soil
was issued. This action amended the original decision so that
PAH-contaminated soils could be taken off-site for thermal
treatment.
12. The final remedy for the Site consisted of: excavation
and off-site thermal treatment of soil contaminated with
carcinogenic PAHs exceeding 4 parts per million ("ppm");
excavation and off-site landfilling of soil contaminated with
lead exceeding 500 ppm, antimony exceeding 25 ppm, or PCBs
exceeding 2 ppm; three years of post-excavation groundwater
monitoring; well abandonment; and three years of post-excavation
surface water and sediment monitoring.
13. In performing response actions at the Site, U.S. EPA
incurred response costs at or in connection with the Site. On
January 28, 1991, the United States of America ("the United
States"), on behalf of the Administrator of U.S. EPA, filed a
complaint pursuant to Section 106 and 107 of CERCLA, 42 U.S.C. ~~
9606, 9607, against a number of PRPs to recover the response
costs incurred by U.S. EPA. On August 27, 1993, the United
States District Court for the District of Minnesota entered a
Consent Decree (United States of America v. Acme Tag Company. et
al., Civil Action No. 3-91-51), under which the defendants who
settled therein ("Settling Defendants") agreed, at their expense,
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to perform Remedial Design/Remedial Action ("RD/RA") at the Site
and implement the remedies selected in the RODs and their'
amendments. They also agreed tu pay $2,773,000 in partial
reimbursement of U.S. EPA's Past Response Costs, as well as all
future U.S. EPA response costs, including oversight costs. Mr.
Cecil Heidelberger, an owner of property at the Site, was not a
signatory to the Consent Decree.
14. On December 16, 1994, the District Court granted the
United States' motion for partial summary judgment as to the
amount of Mr. Cecil Heidelberger's liability for unreimbursed
Past Response Costs incurred at the Site. The amount of these
costs, which included U.S. EPA costs, U.S. Department of Justice
costs, and prejudgment interest, was $1,073,441.98. To date, Mr.
Heidelberger has not paid the amount of this judgment.
15. U.S. EPA's unrecovered Past Response Costs as of
February 1994, before interest, were $525,219.96.
16. The Settling Defendants began remedial actions at the
Site in July 1994. A pre-final inspection was conducted on
September 30, 1994. A final in~?ection was conducted on November
15, 1994, which indicated that all remaining construction items
identified in the pre-final inspection were completed. A
Preliminary Site Close Out Report ("PCOR") was signed by William
E. Mqno, Director of the Waste Management Division, U.S. EPA,
Region 5, on November 1, 1994.
17. The Andover Economic Development Authority ("the
Authority"), acting at all times as an alter ego for; and on
behalf of, the City of Andover, acquired parcels of property at
the Site through purchase; through the exercise of eminent domain
authority by purchase or condemnation; or through tax forfeiture,
abandonment, bankruptcy, or other circumstances, as outlined in
Appendix A, attached hereto, for the purpose of redeveloping the
properties (hereinafter, "the Properties") as part of a planned
industrial/commercial park. The legal descriptions of the
Properties are provided in Appendix A.
18. The Settling Parties represent, and for the purposes of
this Agreement U.S. EPA relies on those representations, that the
Settling Parties' involvement at the Site is limited to the
following:
a. The Settling Parties did not conduct or permit the
generation, transportation, storage, treatment or
disposal of any hazardous substances at the Site;
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b. The Settling Parties did not ~oncribute to the
release or threat of release of hazardous substances at
the Site through any action or omission, or play any
role in the management o~ operation of any businesses
or activities at the Site at any relevant time;
c. The Settling Parties acquired the Properties at
the Site for the purpose of developing, as a public
project, a commercial/light industrial park. The
project, as planned, encompasses the entire Site
and approximately 40 acres of additional real estate
adjacent to or surrounding the Site.
d. The Settling Parties, pursuant to their
participation in the Minnesota Pollution Control
Agency's Voluntary Investigation and Cleanup Program
("VIC Program"), and in the interest of redeveloping
the Properties as part of an industrial/commercial
park, have conducted soil testing on the Properties and
have discovered additional hazardous substances, as
defined by Section 101(14) of CERCLA, 42 U.S.C. 5
9601(14). The Settling Parties have undertaken, at
their expense, in cooperation with the Minnesota
Pollution Control Agency ("MPCA") and U.S. EPA, to
excavate and properly dispose of such hazardous
substances;
e. The Settling Parties have incurred costs, and will
incur approximately $10 million in total costs, in re-
developing Site and off-Site properties asa planned
commercial/light industrial park. Such costs include
acquiring and remediating the Properties under the
MPCA's VIC Program. The total expected re-development
costs are outlined in Appendix B.
19. U.S. EPA and Settling Parties desire to resolve the
Settling Parties' alleged civil liabilities for U.S. EPA's Past
Response Costs at the Site and for any U.S. EPA costs relating to
Existing Contamination at the Site arising from the Settling
Parties' ownership of Site properties, without litigation and
without the admission or adjudication of any issue of fact or
law.
III. PARTIES BOUND
20. This Agreement shall apply to and be binding upon the
United States, and shall apply to and be binding on the Settling
Parties, their officers, directors, employees, and agents. Each
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signatory of a Party to this Agreement represents chat he or she
is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind such Party.
21. Notwithstanding any other provisions of this Agreement,
all of the rights, benefits and obligations conferred upon the
Settling Parties under this Agreement may be assigned or
transferred to any person after prior and reasonable written
notice to U.S. EPA, except that U.S. EPA shall not consent to the
assignment or transfer of any of the rights, benefits and
obligations under this Agreement to any person whose liability
for Past Response Costs or response actions at the Site has been
legally established prior to the transfer of the Properties, or
whose liability for such costs or actions has been alleged by the
United States in any judicial or administrative proceeding. U.S.
EPA shall inform Settling Parties of the withholding of its
consent to the transfer of the rights, benefits, and obligations
to such persons within sixty (60) days after U.S. EPA's receipt
of Settling Parties' notice of the transfer of any Properties.
22. The Settling Parties agree to pay the reasonable costs
incurred by U.S. EPA to review any subsequent requests for
consent to assign or transfer any of the Properties;
23. In the event of an assignment or transfer of any of the
Properties or an assignment or transfer of an interest in any of
the Properties, the assignor or transferor shall continue to be
bound by all the terms and conditions, and subject to all the
benefits, of this Agreement except as U.S. EPA and the assignor
or transferor agree otherwise and modify this Agreement, in
writing, accordingly. Moreover, prior to or simultaneous with
any assignment or transfer of any of the Properties, the assignee
or transferee must consent in writing to be bound by the terms of
this Agreement including but not limited to the certification
requirement in Paragraphs 33 and 35 of this Agreement in order
for the Covenant Not to Sue in Section X and the Contribution
Protection in Section XIII to be available to that party. The
Covenant Not To Sue in Section X and the Contribution Protection
in Section XIII shall not be effective with respect to any
assignees or transferees whc :ail to provide such written consent
to U.S. EPA.
IV. DEFINITIONS
24. Unless otherwise expressly provided herein, terms used
in this Agreement which are defined in CERCLA or in regulations
promulgated under CERCLA shall have the meaning assigned to them
in CERCLA or in such regulations. Whenever terms listed below
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are used in this Agreement or in any appendix attached hereto,
the following definitions shall apply:
a. "CERCLA" shall mean the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. ~ 9601, et ~.
b. "Agreement" shall mean this Agreement and Covenant
Not to Sue and any attached appendices. In the event of conflict
between this Agreement and any appendix, the Agreement shall
control.
c. "Day" shall mean a calendar day. In computing any
period of time under this Agreement, where the last day would
fall on a Saturday, Sunday, or federal holiday, the period shall
run until the close of business of the next working day.
d. "U.S. EPA" shall mean the United States
Environmental Protection Agency and any successor departments,
agencies or instrumentalities of the United States.
e. "Existing ContaminationU shall mean any hazardous
substances, pollutants, or contaminants, as defined by Section
101(14), 42 U.S.C. ~ 9601(14), present or existing on or under
the Site as of the effective date of this Agreement.
f. "Interest" shall mean interest at the current rate
specified for interest on investments of the Hazardous Substance
Superfund established by 26 U.S.C. ~ 9507, compounded annually on
October 1 of each year, in accordance with 42 U.S.C.~ 9607(a).
g. "Paragraph" shall mean a portion of this Agreement
identified by an arabic numeral or a lower case letter.
h. "Parties" shall mean U.S. EPA and the Settling
Parties.
i. "Past Response Costs" shall mean all costs,
including but not limited to direct and indirect costs, that U.S.
EPA or the U.S. Department of Justice on behalf of U.S. EPA has
paid at or in connection with the Site through February 1994,
plus accrued Interest on all such costs through such date.
j. "The PropertiesU shall mean the parcels of real
property at the Site currently held in title by the Andover
Economic Development Authority, as an alter ego for and on behalf
of the City of Andover. The Properties are identified by their
legal descriptions in Appendix A.
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k. "Section" shall mean a portion of this Agreement
identified by a roman numeral.
1. "Settling Parties" shall mean the City of Andover,
a municipal corporation, Andover City Hall, 1685 Crosstown
Boulevard, Andover, Minnesota 55304, and the Andover Economic
Development Authority, a body corporate and politic.
m.
encompassing
Boulevard in
generally on
"Site" shall mean the South Andover Superfund
approximately 50 acres, located at 2050 Bunker
Andover, Anoka County, Minnesota, and depicted
the map included in Appendix C.
site,
Lake
n. "United States" shall mean the United States of
America, including its departments, agencies, and
instrumentalities.
V. WORK TO BE PERFORMED
25. The Settling Parties hereby agree that they shall
continue to participate in the MPCA's VIC Program for further
remediation relating to Existin~ Contamination at the Site until
such time that a written Certificate of Completion is issued by
MPCA to the Settling Parties indicating that the Settling Parties
have satisfactorily completed all actions and have met all
relevant performance standards necessary for further remediation
of the Site under the VIC Program. The Settling Parties further
agree that if separate Certificates of Completion are to be
issued by the MPCA for different portions of work performed or to
be performed by the Settling Parties, or for different parcels of
property or other geographically-defined areas at the Site, the
Settling Parties shall continue to participate in the VIC Program
until such time that all Certificates of Completion are issued
that are necessary for a determination by the MPCA that the
remediation work required for all parts of the Site has been
completed, and that all performance standards for all parts of
the Site have been met. All of the clean-up and investigation
workplans, reports, determinations, assessments, and other
documents pertaining to the Settling Parties' remediation under
the VIC Program, including, but not necessarily limited to, those
documents supplied to U.S. EPA by the Settling Parties and
identified in Appendix 0 to this Agreement, are herein
incorporated by reference.
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26. The Settling Parties shall immediately notify U.S. EPA
upon their receipt of each written Certificate of Completion
issued by MPCA, and shall remit copies of each Certificate of
Completion to the persons identified below within seven (7) days
of receipt:
John J. O'Grady
Remedial Project Manager
U.S. EPA, Region 5 (SR-6J)
77 West Jackson Boulevard
Chicago, Illinois 60604
and
Kevin C. Chow
Assistant Regional Counsel
U.S. EPA, Region 5 (C-14J)
77 West Jackson Boulevard
Chicago, Illinois 60604
VI. ACCESS
27. The Settling Parties and each of their assignees,
successors in interest, lessees, and sublessees, who hold an
interest in any of the properties, agree to provide to U.S. EPA,
its authorized officers, employees, representatives, and all
other persons performing response actions under U.S. EPA
oversight, an irrevocable right of access at all reasonable times
to any of the Properties and to any other property to which
access is required for the implementation of response actions at
the Site, if necessary, to the extent access to such other
property is controlled by the Settling Parties, for the purposes
of performing and overseeing response actions at the Site under
federal law. U.S. EPA agrees to provide reasonable notice to the
Settling Parties of the timing of response actions to be
undertaken at the Properties. Notwithstanding any provision of
this Agreement, U.S. EPA retains all of its access authorities
and rights, including enforcement authorities related thereto,
under CERCLA, the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, 42 U.S.C. S 6901, ("RCRA")
~~, and any other applicable statute or regulation,
including any amendments thereto.
28. Within 30 days after the effective date of this
Agreement, the Settling Parties shall record a certified copy of
this Agreement with the Recorder's Office, Anoka County, State of
Minnesota. Thereafter, each deed, title, or other instrument
conveying an interest in any of the Properties shall contain a
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notice stating that the Properties are subject to this Agreement.
A copy of these documents should be sent to the persons listed in
Section XV (Notices and Submissions) .
29. The Settling Parties shall ensure that assignees,
successors in interest, lessees, and sublessees, of any of the
Properties shall, at the time of receipt of their interest in any
of the Properties from the Settling Parties, agree to provide the
same access and cooperation. The Settling Parties shall ensure
that a copy of this Agreement is provided to any current lessee
or sublessee on or of any of the Properties as of the effective
date of this Agreement and shall ensure that any subsequent
leases, subleases, assignments or transfers of any of the
Properties or an interest in the Properties are consistent with
this Section, and Section III (Parties Bound), of the Agreement.
VII. DUE CARE/COOPERATION
30. The Settling Parties shall exercise due care at the
Properties with respect to the Existing Contamination and shall
comply with all applicable local, State, and federal laws and
regulations. The Settling Parties recognize that the
implementation of any additional response actions at the Site, if
necessary, may interfere with the Settling Parties' use of the
Properties, and may require closure of any operations or a part
thereof. The Settling Parties agree to cooperate fully with U.S.
EPA in the implementation of any additional response actions at
the Site and further agree not to interfere with such response
actions. U.S. EPA agrees, consistent with its responsibilities
under applicable law, to use reasonable efforts to minimize any
interference with the Settling Parties' operations by such entry
and response. In the event the Settling Parties become aware of
any action or occurrence which causes or threatens a release of
hazardous substances, pollutants, or contaminants at or from the
Site that constitutes an emergency situation or may present an
immediate threat to public health or welfare or the environment,
Settling Parties shall immediately take all appropriate action to
prevent, abate, or minimize such release or threat of release,
and shall, in addition to complying with any applicable
notification requirements under Section 103 of CERCLA, 42 U.S.C.
~ 9603, or any other law, immediately notify U.S. EPA of such
release or threatened release.
VIII. FAILURE TO COMPLY WITH AGREEMENT
31. In addition to any other remedies or sanctions
available to U.S. EPA by virtue of Settling Parties' failure to
comply with the requirements of this Agreement, any Settling
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Party who fails or refuses to comply with any term or condition
of this Agreement shall be subject to enforcement action pursuant
to Section 122(h) (3) of CERCLA, 42 U.S.C. 5 9622(h) (3). If the
United States, on behalf of U.S. EPA, brings an action to enforce
this Agreement, Settling Parties shall reimburse the United
States for all costs of such action, including but not limited to
costs of attorney time.
32. The obligations of Settling Parties under this
Agreement are joint and several. In the event of the failure of
anyone or more Settling Parties to meet any obligations required
under this Agreement, the remaining Settling Party shall be
responsible for such obligations.
IX. CERTIFICATION
33. By entering into this Agreement, the Settling Parties
certify that to the best of their knowledge and belief they have
fully and accurately disclosed to U.S. EPA all information known
to the Settling Parties and all information in the possession or
control of their officers, directors, employees, contractors and
agents which relates in any way to any Existing Contamination or
any past or potential future release of hazardous substances,
pollutants or contaminants at or from the Site and to its
qualification for this Agreement. The Settling Parties also
certify that to the best of their knowledge and belief they have
not caused or contributed to a release or threat of release of
hazardous substances or pollutants or contaminants at the Site.
34. The Settling Parties further certify that the total
costs expended and to be incurred by the Settling Parties for the
acquisition, remediation, and re-development of the Properties at
the Site have been fairly and reasonably estimated to be
approximately $10,000,000.
35. If the United States determines that information
provided by the Settling Parties subject to these certifications
is not materially accurate and complete, the Agreement, within
the sole discretion of the United States, shall be null and void
and the United States reserves all rights it may have.
X. COVENANT NOT TO SUE BY U.S. EPA
36. Except as specifically provided in Section XI
(Reservations of Rights by U.S. EPA), U.S. EPA covenants not to
sue or take any other civil or administrative action under
Sections 106 or 107(a) of CERCLA, 42 U.S.C. 55 9606 or 9607(a),
against Settling Parties for any and all civil liability for
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reimbursement of U.S. EPA's Pase KCsponse Costs associated with
this Site, or for injunctive relief or reimbursement of response
costs under Sections 106 or 107;~) of CERCLA, 42 U.S.C. ~~ 9606
or 9607(a), with respect to the Existing Contamination. This
covenant shall be effective only with respect to those parcels of
property or other geographically-defined areas at the Site, or to
those portions of the work performed or to be performed by the
Settling Parties under the VIC Program, which are the subject of
a written Certificata of Completion issued by the MPCA,
indicating that the Settling Parties have satisfactorily
completed the remedial activities and have met all performance
standards relevant to the parcels or areas that were remediated,
or to the work that was performed, as required by Paragraph 25 of
this Agreement. This covenant shall take effect with respect to
those parcels or property or other geographically-defined areas,
or those portions of work performed or to be performed by the
Settling Parties, that are the subject of a Certificate of
Completion, upon the date that the Certificate of Completion
becomes effective.
This covenant not to sue is conditioned upon the satisfactory
performance by Settling Parties of their obligations under this
Agreement. This covenant not to sue extends only to Settling
Parties and does not extend to any other person, except as
otherwise provided in Section III (Parties Bound).
XI. RESERVATIONS OF RIGHTS BY U.S. EPA
37. The covenant not to sue by U.S. EPA set forth in
Paragraph 36 does not pertain to any matters other than those
expressly identified therein. U.S. EPA reserves, and this
Agreement is without prejudice to, all rights against Settling
Parties with respect to all other matters, including but not
limited to:
a. any liability for failure of Settling Parties, or
their successors, assignees, lessees or sublessees, to meet a
requirement of this Agreement;
b. any liability resulting from past or future
releases of hazardous substances, pollutants or contaminants, at
or from the Site caused or contributed to by the Settling
Parties, their successors, assignees, lessees or sublessees;
c. any liability resulting from exacerbation by
Settling Parties, their successors, assignees, lessees, or
sublessees, of Existing Contamination;
12
d. any liability resulting from the release or threat
of release of hazardous substances, pollutants, or contaminants,
at the Site after the effective date of this Agreement, not
within the definition of Existing Contamination;
e. criminal liability;
f. liability for damages for injury to, destruction
of, or loss of natural resources, and for the costs of any
natural resource damage assessments; and
g. liability for violations of local, State or
federal law or regulations.
38. Nothing in this Agreement is intended to be nor shall
it be construed as a release, covenant not to sue, or compromise
of any claim or cause of action, administrative or judicial,
civil or criminal, past or future, in law or in equity, which the
United States may have against any person, firm, corporation or
other entity not a signatory to this Agreement, except as
otherwise provided in Section III (Parties Bound).
39. With respect to any claim or cause of action asserted
by the United States, the Settling Parties, their successors,
assignees, lessees, or sublessees shall bear the burden of
proving that the claim or cause of action, or any part thereof,
is attributable solely to Existing Contamination.
40. Nothing in this Agreement is intended to limit the
right of U.S. EPA to undertake future response actions at the
Site or to seek to compel parties other than the Settling Parties
to perform or pay for response actions at the Site. Nothing in
this Agreement shall in any way restrict or limit the nature or
scope of response actions which may be taken or be required by
U.S. EPA in exercising its authority under federal law. Settling
Parties acknowledge that they have acquired property where
response actions have been and may be required.
XII. COVENANT NOT TO SUE BY SETTLING PARTIES
41. Settling Parties agree not to assert any claims or
causes of action against the United States, or its contractors or
employees, with respect to Past Response Costs or this Agreement,
including but not limited to:
a. any direct or indirect claim for reimbursement from
the U.S. EPA Hazardous Substance Superfund established by 26
U.S.C. 5 9507, based on Sections 106(b) (2), 107, Ill, 112, or 113
13
of CERCLA, 42 U.S.C. 55 9606(b) (2), 9607, 9611, 9612, or 9613, or
any other provision of law;
b. any claims arising out of the response actions at
the Site, including those for which the Past Response Costs were
incurred; and
c. any claim against the United States pursuant to
Sections 107 and 113 of CERCLA, 42 U.S.C. 55 9607 and 9613,
relating to Past Response Costs or response actions undertaken at
the Site.
42. Nothing in this Agreement shall be deemed to constitute
approval or preauthorization of a claim within the meaning of
Section 111 of CERCLA, 42 U.S.C. 5 9611, or 40 C.F.R. 300.700(d).
XIII. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION
43. Nothing in this Agreement shall be construed to create
any rights in, or grant any cause of action to, any person not a
Party to this Agreement. U.S. EPA and Settling Parties each
reserve any and all rights (including, but not limited to, any
right to contribution), defenses, claims, demands, and causes of
action which each Party may have with respect to any matter,
transaction, or occurrence relating in any way to the Site
against any person not a Party hereto.
44. U.S. EPA and Settling Parties agree that the actions
undertaken by Settling Parties in accordance with this Agreement
do not constitute an admission of any liability by any Settling
Party. Settling Parties do not admit, and retain the right to
controvert in any subsequent proceedings other than proceedings
to implement or enforce this Agreement, the validity of the facts
or allegations contained in Section II of this Agreement.
45. The Parties agree that Settling Parties are entitled,
as of the effective date of this Agreement, to protection from
contribution actions or claims as provided by Sections 113(f) (2)
and 122(h) (4) of CERCLA, 42 U.S.C. 55 9613(f) (2) and 9622(h) (4),
for "matters addressed" in this Agreement. The "matters
addressed" in this Agreement are all Past Response Costs incurred
by U.S. EPA or by the U.S. Department of Justice on behalf of
U.S. EPA; all response actions taken and all response costs
incurred by any other person at this Site as of the effective
date of this Agreement; and all response actions and all response
costs to be incurred by U.S. EPA or any other person at this Site
with respect to Existing Contamination at, on, or under the
Properties.
14
46. Eacn Settling Party agrees that with respect to any
suit or claim for contribution brought by it for matters related
to this Agreement, it will notify U.S. EPA in writing no later
than 60 days prior to the initiation of such suit or claim. Each
Settling Party also agrees that, with respect to any suit or
claim for contribution brought against it for matters related to
this Agreement, it will notify u.S. EPA in writing within 10 days
of service of the complaint or claim upon it. In addition, each
Settling Party shall notify u.S. EPA within 10 days of service or
receipt of any Motion for Summary Judgment and within 10 days of
receipt of any order from a court setting a case for trial, for
matters related to this Agreement.
47. In any subsequent administrative or judicial proceeding
initiated by U.S. EPA, or by the United States on behalf of U.S.
EPA, for injunctive relief, recovery of response costs, or other
appropriate relief relating to the Site, Settling Parties shall
not assert, and may not maintain, any'defense or claim based upon
the principles of waiver, res judicata, collateral estoppel,
issue preclusion, claim-splitting, or other defenses based upon
any contention that the claims raised in the subsequent
proceeding were or should have been brought in the instant case;
provided, however, that nothing in this Paragraph affects the
enforceability of the covenant not to sue by U.S. EPA set forth
in Section X of this Agreement.
XIV. RETENTION OF RECORDS
48. Until 10 years after the effective date of,this
Agreement, each Settling Party shall preserve and retain all
records and documents now in its possession or control, or which
come into its possession or control, that relate in any manner to
response actions taken at the Site or to the liability of any
person for response actions conducted and to be conducted at the
Site, regardless of any corporate retention policy to the
contrary.
49. After the conclusion of the document retention period
in the preceding paragraph, Settling Parties shall notify U.S.
EPA at least 90 days prior to the destruction of any such records
or documents, and, upon request by U.S. EPA, Settling Parties
shall deliver any such records or documents to U.S. EPA.
Settling Parties may assert that certain documents, records, or
other information are privileged under the attorney-client
privilege or any other privilege recognized by federal law. If
Settling Parties assert such a privilege, they shall provide U.S.
EPA with the following: 1) the title of the document, record, or
information; 2) the date of the document, record, or information;
15
3) the name and title of the author of the document, record, or
information; 4) the name and title of each addressee and'
recipient; 5) a description of cne subject of the document,
record, or information; and 6) the privilege asserted. However,
no documents, reports, or other information created or generated
pursuant to the requirements of this or any other judicial or
administrative settlement with the United States shall be
withheld on the grounds that they are privileged. If a claim of
privilege applies only to a portion of a document, the document
shall be provided to U.S. EPA in redacted form to mask the
privileged information only. Settling Parties shall retain all
records and documents that they claim to be privileged until U.S.
EPA has had a reasonable opportunity to dispute the privilege
claim and any such dispute has been resolved in Settling Parties'
favor.
50. By signing this Agreement, each Settling Party
certifies individually that, to the best of its knowledge and
belief, it has:
a. conducted a thorough, comprehensive, good faith
search for documents, and has f~lly and accurately disclosed to
U.S. EPA, all information currently in its possession, or in the
possession of its officers, directors, employees, contractors or
agents, which relates in any way to the ownership, operation or
control of the Site, or to the ownership, possession, generation,
treatment, transportation, storage or disposal of a hazardous
substance, pollutant or contaminant at or in connection with the
Site;
b. not altered, mutilated, discarded, destroyed or
otherwise disposed of any records, documents or other information
relating to its potential liability regarding the Site, after
notification of potential liability or the filing of a suit
against the Settling Party regarding the Site; and
c. fully complied with any and all U.S. EPA requests
for information regarding the Site pursuant to Sections 104(e)
and 122(e) of CERCLA, 42 U.S.C. ~~ 9604(e) and 9622(e), and
Section 3007 of the Resource, Conservation and Recovery Act, 42
U.S.C. ~ 6927.
XV. NOTICES AND SUBMISSIONS
51. Whenever, under the terms of this Agreement, notice is
required to be given or a document is required to be sent by one
Party to another, it shall be directed to the individuals at the
addresses specified below, unless those individuals or their
successors give notice of a change to the other Parties in
16
writing. Written notice as specified herein shall constitute
complete satisfaction of any written notice requirement of this
Agreement with respect to U.S. EPA and Settling Parties.
As to U.S. EPA:
John J. O'Grady
Remedial Project Manager
U.S. EPA, Region 5 (SR-6J)
77 West Jackson Boulevard
Chicago, Illinois 60604
and
Kevin C. Chow
Assistant Regional Counsel
U.S. EPA, Region 5 (C-14J)
77 West Jackson Boulevard
Chicago, Illinois 60604
As to Settlina Parties:
William G. Hawkins, Esq.
William G. Hawkins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
XVI.
INTEGRATION/APPENDICES
52. This Agreement and its appendices constitute the final,
complete and exclusive agreement and understanding among the
Parties with respect to the settlement embodied in this
Agreement. The Parties acknowledge that there are no
representations, agreements or understandings relating to the
settlement other than those expressly contained in this
Agreement.
53. The following appendices are attached to and
incorporated into this Agreement:
Appendix A is a summary of the Authority's and City of
Andover's acquisitions of properties at the Site and contains the
legal descriptions of the Properties;
Appendix B is a summary of the Settling Parties' expected
total approximate costs for the acquisition, remediation, and re-
development of the Properties as part of a planned
commercial/light industrial park;
17
Appendix C is a map of the Site;
Appendix D is a list of clean-up and investigation
workplans,reports, and other documents supplied to U.S. EPA by
the Settling Parties pertaining to the Settling Parties'
remediation under the MPCA's VIC Program. All workplans,
reports, and related documents pertaining to the Settling
Parties' remediation, including, but not necessarily limited to,
those identified in Appendix D, are incorporated by reference.
XVII. PUBLIC COMMENT
54. This Agreement shall be subject to a public comment
period of not less than 30 days pursuant to Section 122(i) of
CERCLA, 42 U.S.C. 5 9622(i). In accordance with Section
122(i) (3) of CERCLA, U.S. EPA may modify or withdraw its consent
to this Agreement if comments received disclose facts or
considerations which indicate that this Agreement is
inappropriate, improper or inadequate~
XVIII. EFFECTIVE DATE
55. The effective date of this Agreement shall be the date
upon which U.S. EPA issues written notice that the public comment
period pursuant to Paragraph 54 has closed and that comments
rece~ved, if any, do not require modification of or U.S. EPA
withdrawal from this Agreement.
XIX. TERMINATION
56. If any Party believes that any or all of the
obligations under this Agreement are no longer necessary to
ensure compliance with the requirements of this Agreement, that
Party may request in writing that the other Party agree to
terminate the provision or provisions establishing such
obligations; provided, however, that the provision or provisions
in question shall continue in force unless and until the party
requesting such termination receives written agreement from the
other party to terminate such provision or provisions.
18
IT IS SO AGREED:
U.S. Environmental Protection Agency
By:
William E. Muno
Superfund Division Director
U.S. Department of Justice
By:
Lois J. Schiffer
Assistant Attorney General
Environment and Natural
Resources Division
19
Date
Date
THE UNDERSIGNED SETTLING PARTY enters into this Agreement'in the
matter of U.S. EPA Docket Numb~L , relating to the
South Andover Superfund Site, Andover, Anoka County, Minnesota:
FOR SETTLING PARTY:
City of Andover
1685 CrosJ~'Wleeoulevard NW
Andover, Minnesota 55304
[Address]
By:
Its:
[Name]
Mayor
[Date]
By:
Its: Clerk
20
THE UNDERSIGNED SETTLING PARTY enters into this Agreement in the
matter of U.S. EPA Docket Number , relating to the
South Andover Superfund Site, Andover, Anoka County, Minnesota:
FOR SETTLING PARTY: Andover Econcmic Developnent Authority
[Name]
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
[Address]
By:
[Name]
[Date]
Its: Chairman
By:
Its: Executive Director
21
APPENDIX A
DESCRIPTION OF PROPERTIES ACQUIRED
BY ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
AT THE SOUTH ~OVER SITE
1. Property acquired under Warranty Deed dated June 17, 1997
from James O. Liesinger and Arlene F. Liesinger, husband and
wife, through negotiation and act of purchase.
Leqal D~scriotion:
Parcel 1: The north 417.416 feet of the west 241.708 feet, except the
westerly 33 feet of the Northwest Quarter of the Northeast Quarter of
the Southeast Quarter of Section 34, Township 32, Range 24, Anoka
County, Minnesota; and
Parcel 2: The south 241.708 feet of the west 241.708 feet of the
Southwest Quarter of the Northeast Quarter of the Southeast Quarter of
Section 34, Township 32, Range 24, except the westerly 33 feet and the
southerly 33 feet thereof, Anoka County, Minnesota
together with all hereditaments and appurtenances belonging thereto,
subject to the following exceptions: the lien of all unpaid special
assessments and interest thereon.
2. Property acquired under Warranty Deed dated March 25, 1996
from William J. Packard, through negotiation and act of
purchase.
Leqal Descriotion:
The South 208.708 feet of the North 626.124 feet of the West 241.708
feet, as measured along and parallel with the West and North lines of
the Northeast 1/4 of the Southwest 1/4 Section 34, Township 32, Range
24, Anoka County, Minnesota; except the West 33.00 feet thereof.
3. Property acquired through eminent domain from Richard A.
Heidelberger on August 22, 1996.
Leqal Descriotion:
That part of the Northeast Quarter of the Southwest Quarter, Section 34,
Township 32, Range 24, Anoka County, Minnesota, as follows: Commencing
at the Northwest corner thereof; thence East along the North line
thereof 241.708 feet; thence South parallel with the West line 626.124
feet to the point of beginning; thence South parallel with the West line
thereof 208.708; thence West parallel with the North line thereof to the
West line thereof; thence North on the West line thereof 208.708 feet;
thence East parallel with the North line thereof to the point of
beginning. (Subject to easement for road purposes over the westerly 33
feet thereof.)
Together with any appurtenant easements that provide access to such
parcel.
4. Property acquired under Warranty Deed through negotiation
and act of purchase from Richard A. Heidelberger on June 2,
1997.
Leaal Descriotion:
Parcel 2: The East 208.708 feet of the West 241.708 feet, of the
Northeast Quarter of the Southwest Quarter of Section 34, Township 32,
Range 24, Anoka County, Minnesota. Except the North 834.832 feet, as
measured along and parallel with the West ,line thereof. Also except the
South 241.708 feet, as measured along and parallel with the West line
thereof.
Parcel 3: An undivided one-half interest in the following described
property: The west 33 feet of the Northeast Quarter of the Southwest
Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota,
lying south of the north 834.832 feet, and lying north of the south
241.708 feet thereof, as measured along the west line of said Northeast
Quarter of the Southwest Quarter.
5. Property acquired under Warranty Deed dated May 5, 1995 from
David Clyde Heidelberger, through negotiation and act of
purchase.
Leaal Descriotion:
The West 483.416 feet of the South 241.708 feet of the Northeast Quarter
of the Southwest Quarter of Section 34, Township 32, Range 24, Anoka
County, Minnesota, except the west 241.708 feet thereof.
Together with a non-exciusive easement for ingress and egress over the
West 33 feet of the Northeast Quarter of the Southwest Quarter of said
Section 34, and over the South 33 feet of the West 241.708 feet of the
Northeast Quarter of the Southwest Quarter of said Section 31.
Seller warrants that Seller does not know of any wells on the described
real property.
6. Property acquired under State Deed dated August 4, 1995 from
the State of Minnesota, through tax forfeiture.
Leaal Descriotion:
The South 241.708 feet of the Northeast Quarter of the Southwest Quarter
(NE 1/4 of SW 1/4) of Section 34, Township 32, Range 24, except the West
483.416 feet thereof; subject to easements of record, excepting and
reserving to the said state, in trust for taxing districts concerned,
all mineral and mineral rights, as provided by law. Further, the lands
conveyed by this deed are not eligible for enrollment in a State of
Minnesota funded program providing compensation for conservation of
marginal land or wetlands.
7. Property acquired under State Deed dated May 6, 1997, from
the State of Minnesota, after tax forfeiture.
Leqal Descrintion:
That part of the Northeast Quarter ~f the Southwest Quarter (NE 1/4 of
SW 1/4) of Section 34, Township 32, Range 24, described as follows:
Commencing at the Northwest corner of said quarter, quarter, thence East
along the North line thereof 841.708 feet to the point of beginning,
thence South parallel with the West line of said quarter, quarter
626.124 feet, thence West parallel with said North line 534 feet to
intersect with a line parallel with and 307.708 feet East of West line
thereof (as measured parallel with said North line), thence South
parallel with said West line to a point 241.708 feet North of South line
of said quarter, quarter (as measured parallel with said West line),
thence East parallel with said North line to East line of said quarter,
quarter, thence North along said East line to intersect with a line
parallel with and 417.416 feet South of the North line of said quarter,
quarter (as measured along said East line), thence West parallel with
said North line 241.708 feet, thence North parallel with said East line
417.416 feet to said North line, thence West along said North line to
the point of beginning.
8. Property acquired under Warranty Deed on December 5, 1997
from Marian F. Heidelberger, through negotiation and act of
. purchase.
Leqal Descrintion:
That Part of the Northeast Quarter of the Southwest Quarter, Section 34,
Township 32, Range 24, Anoka County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northeast Quarter of the
Southwest quarter; thence Easterly along the North line of said
Southwest Quarter on an assumed bearing of South 89 degrees 04 minutes
36 seconds East a distance of 764.93 feet to the actual point of
beginning of the land to be described; thence South 09 degrees 03
minutes 28 seconds East a distance of 167.02 feet; thence North 89
degrees 04 minutes 36 seconds West a distance of 118.16 feet; thence
North 41 degrees 30 minutes 50 seconds West a distance of 208.62 feet;
thence North 0 degrees 07 minutes 06 seconds East a distance of 10.52
feet to the North line of said Northeast Quarter of the Southwest
Quarter; thence South 89 degrees 04 minutes 36 seconds East a distance
of 230.13 feet along said North line to the point of beginning.
9. Property acquired under Quit Claim Deed on March 27, 1998
from parmak, Inc., through negotiation and the act of
purchase.
Parcell:
quarter of
follows:
That part of the Northeaat one-quarter of the Southwest one-
Section 34, Township 32, Range 24, Anoka County, Minnesota as
Commencing at the Northwest corner thereof, thence East along the North
line thereof 841.708 feet; thence South parallel with the West line
thereof 417.416 feet; thence West and parallel with the North line a
distance of 534 feet to the point of beginning of the land to be
described; thence West 66 feet to a point of intersection with a line
parallel with and distant .241.708 feet East of the West line thereof as
measured along a line parallel with the North line thereof; thence South
parallel with the West line of said Northeast Quarter of the Southwest
Quarter to a point 241.708 feet North of the South line of said
Northeast Quarter of the Southwest Quarter measured parallel with the
West line thereof; thence East parallel with the North line a distance
of 66 feet; thence North and parallel to the West line to the point of
beginning.
Parcel 2: The West 33 feet of the Northeast Quarter of the Southwest
Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota,
lying south of the north 834.832 feet, and lying north of the south
241.708 feet thereof, as measured along the west line of said Northeast
Quarter of the Southwest Quarter.
10. Property acquired under Quit Claim Deed dated December 1,
1997, from Parmak, Inc., through negotiation and act of
purchase.
Parcell: That part of the Northeast one-quarter of the Southwest one-
quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota,
as follows:
Commencing at a point on the North line distant 241.708 feet East of the
Northwest corner thereof thence South parallel with the West line
417.416 feet; thence East parallel with the North line thereof 600 feet;
thence North parallel with the West line thereof 417.416 feet; thence
West along the North line thereof to the point of beginning.
Except that portion described as follows: That part of the Northeast
Quarter of the Southwest Quarter, Section 34, Township 32, Range 24,
Anoka County, Minnesota, described as follows: Commencing at the
northwest corner of said Northeast Quarter of the Southwest Quarter;
thence easterly along the north line of said Southwest Quarter on an
assumed bearing of South 89 degrees, 04 minutes, 36 seconds East a
distance of 764.93 feet to the actual point of beginning of the land to
be described; thence South 09 degrees, 03 minutes, 28 seconds East a
distance of 167.02 feet; thence North 41 degrees, 30 minutes, 50 seconds
West a distance of 208.62 feet; the~ce North 0 degrees, 07 minutes, 06
seconds East a distance of 10.52 feet to the north line of said
Northeast Quarter of the Southwest Quarter; thence South 89 degrees, 04
minutes, 36 minutes East a distance of 230.13 feet along said north line
to the point of beginning.
and
That part of the Northeast Quarter of the Southwest Quarter of Section
34, Township 32, Range 24, Anoka County, Minnesota, as follows:
Commencing at a point on the North line a distance of 841.708 feet East
of the Northwest Corner ~~erec~; ~hence South parallel with the West
line thereof a distance of 417.416 feet to the point of beginning of the
land to be described; thence West and parallel with the North line a
distance of 534 feet to a point of intersection with the line parallel
with and distant 307.708 feet East of the West line thereof as measured
along a line parallel with the North line thereof; thence South parallel
with West line of said Northwest Quarter of the Southwest Quarter a
distance of 208.708 feet; thence East a distance of 534 feet as measured
along a line parallel with a North line thereof; thence North and
parallel to the West line to the point of beginning.
11. Property acquired under Warranty Deed dated March 25, 1996
from William J. Packard, through negotiation and act of
purchase.
.Leqal Descrintion;
That part of the Northeast Quarter of the Southwest Quarter of Section
34, Township 32, Range 24, Anoka County, Minnesota described as follows:
Commencing at a point on the North line of said Northeast Quarter of
Southwest Quarter 33 feet West of the Northeast corner thereof; thence
continue West along the North line of said Northeast Quarter of
Southwest Quarter a distance of 208.708 feet; thence South and parallel
with the East line thereof a distance of 417.416 feet; thence East and
parallel to the North line thereof a distance of 208.708 feet; thence
North and parallel to the East line thereof a distance of 417.416 feet
to the point of beginning.
12.
Property acquired
1995 from Terance
husband and wife,
under Warranty Deed dated November 25,
R. Richardson and Lori Ann Richardson,
through negotiation and act of purchase.
Leqal Descrintion:
The West 550 feet of Lot 1 of Watts Garden Acres in Grow Township,
according to the plat thereof on file in the office of the Registrar of
Titles, Anoka County, Minnesota.
Torrens Certificates: Nos. 39249 and 40426.
13. Property acquired under Warranty Deed dated July 21, 1995
from John Sandeen, Jr. and Barbara J. Sandeen, married,
through negotiation and act of purchase.
Leqal Descrintion:
The, West 924 feet excepting the East 344 feet thereof, and excepting the
West 550 feet of Lot One (1), Watts Garden Acres in Grow Township,
according to the plat thereof on file in the office of the Registrar of
Titles of Anoka County, Minnesota
AND
The East 344 feet of the West 924 feet of Lot 1, Watts Garden Acres in
Grow Township, according to the plat thereof on file in the office of
the Registrar of Titles in Anoka County, Minnesota.
Torrens Certificate Number: 40427 (the west 924' exc the east 344' &
west 55')
Torrens Certificate Number: 46139 (the east 344' of west 924')
14. Property acquired through eminent domain from Charles E.
Mistelske on December 15, 1997.
Leqal Descrintion:
Lot Three (3) of Watts Garden Acres in Grow Township according to the
plat thereof on file in the office of the Register of Titles of Anoka
County, Minnesota.
APPENDIX B
DEVELOPMENT COSTS INCURRED OR TO BE INCURRED BY
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY AND CITY OF ANDOVER
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
DATE:
March 4, 1998
AGENDA SECTION
EDA
ORIGINA T1NG DEPARTMENT
Executive Director/ Richard Fursman
ITEM NO.
~~~mercial Park Report
The Economic Development Authority is requested to review the preliminary report on the status of the
Commercial Park. Additional research is required before the absolute accuracy of the figures presented
can be verified.
A worksheet indicating project parameters and objectives is still being worked on and final numbers and
estimates are being calculated. The report is however, a good snapshot of the project to date, aqd is
accurate relative to the largt: numbers involved.
I will be presenting additional information and updates at the meeting.
PRELH'v~"J Jf-\RY
MEMORANDUM
DATE:
TO:
FROM:
RE:
February 26, 1998
Economic Development Authority
Richard Fursman
Commercial Park Report
This report is designed to provide an insight into the history of the commercial
park development, and some detail as to the remaining work to be done, options
and budget limitations.
History: '
The idea of converting the salvage yard area to a redevelopment site was initiated in the
late 1980's with the establishment of the tax increment financing districts (TIF). It
became evident by 1994-95 that the TIF money being collected would surpass debt
requirements by at least $12 million.
The Frontage Road:
In 1993-94, plans were established for the development of a frontage road along Bunker
Lake Boulevard and then south along Kottkees bus service. This project took $1 million
from TIF surpluses and is still in the process of being assessed.
Buying Salvage Yards:
Minnesota Pollution Control Agency began it's clean-up of the superfund site located in
the salvage yards in 1995. The City soon after began negotiations to buy and remove the
polluting operations. The following costs have been associated with acquiring yards to
date:
Salva2e Yard Land ACQuisitions
Actual
Wilbur Auto Parts
Andover Auto Parts
ATV
Sandeen, John
Leisinger
Best Auto Parts
Mistelske, Charles (relocation benefits)
Mistelske, Charles (condemnation)
Prater, Edward( eminent domain)
Heidelberger, Rick (duplex)
Heidelberger, Rick (relocation for tenants)
Heidelberger, Rick (land and cleanup)
Heidelberger, Rick (parcels 2 and 3)
M.R. Olson
$845,666.23
259,605.00
306,524.20
470,000.00
152,734.61
372,032.20
19,437.00
62,500.00
33,207.69
78,900.00
11,100.00
125,820.00
37,886.60
393,546.72
Mom's Auto Salvage
Mom's Auto Salv::ge (relocation)
Mistelske, Charles
Tax Ladies
PRELIM ' "
227,740.15 'NAF/y
158,000.00
390,000.00
13,504.00
Subtotal
$3,958,204.40
Other Expenditures
Legal Fees
(''''!'!!!lercia' 9lvd. Extension
112,263.90
71,977.33
2,077,148.99
Total Expenditures
$6,219,594.62
Bond Proceeds Remaining
52,357,~55.3~ ,
Other Resources
Assessment Proceeds (94 Frontage Road)....
Environmental Grant............... ........... .......'.
First year land sales (est.).............................
Contam ination Escrow................... ...............
MSA Reimbursement...................................
I nterest Income..................... .... ...... ......... .....
subtotal...................
287.518
500.000
150.000
40,000
463.600
100.000
51,5.'1,118
MODey left for project
53,898,573
FUTURE
EXPENDITURE S $
Commercial Auto:
Commercial Auto Parts is the last of the salvage yaros on the south side of Bunker. With
the purchase of and clearing of this yard comes the final stages of development.
Land and Buildings Award $520.000 (Presently in appeals court) Will likely be a
higher amount.
Moving Expenses: As high as $500.000 Mr. Mistleske has crushed a significant amount
of his inventory. The crushed or sold inventory is not eligible for moving expenses. This
item may well be lower cost, though it is to soon to tell.
Miscellaneous site clean-up: The site \":ll have some remaining contamination
investigation and mitigation work. It is difficult to determine what the cost will be until
further excavations are done.
Site GradingIPondinglSoils Corrections: A large amount of soil will be moved from
the eastern (Jay Street) side of the project area to the center of the site. Large
excavations for ponding will take place in the center of the site as well. Some soil
2
corrections will be required up front to remove unstable material from the general, area.
Other soil corrections, for specific building pad3, may need to be delayed until the site is
sold, arid then "custom graded."
Road/Pathway/UtiIity Development: Two north-south links between Bunker and
Commercial Boulevards have been identified. The timing of these roads is linked again
to available funds. At least one of these routes is needed for some development to occur.
It will be and EDA decision as to what the priorities are.
Miscellaneous Legal/Consultant Fees: $50,000
Strateg ic
Concerns
Release from EPA: The City is working closely with EPA officials to clear the site of
all liability. This is an important element when it comes time to selling the proper!;'.
Our City Attorney, Mr. Hawkins, has been in contact with the EPA attorney to finalize
language to release any future property owner from liability and costs associated with
the superfund clean-up.
TIF legislation: Significant changes in the TIF law could have a negative impact on ~he
City's capacity to pay off bonds. The potential for the most damage would come in the
form of changing the tax rate for industrial and commercial properties. If the tax
rate on commercial and industrial property falls again, the amount ofTIF dollars
collected would be greatly reduced. The City has bonded in anticipation of continuing
tax receipts from the TIF district, if the tax receipts shrink too much, the ability to pay
off bonds willl-,e jeopardized. In light ofthi~ problem, I will be informing our Senator
and Representative of the probable negative impact on Andover.
Wetlands and Development: Staff is currently working with the watershed board to
find a way to develop the park and improve the conditions of the existing wetlands. The
plans of the City impact significantly wetland area on the site. Staff is presenting the
argument that the wetlands are of poor quality and should be moved or reconstr.:cted.
The planners, Leanord - Parker, have designed a number of features on the site which if
done according to the plan. will require a significant amount of soil correction.
PRELIMINARY
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APPENDIX D
LIST OF WORKPLANS, REPORTS, AND OTHER DOCUMENTS
PERTAINING TO SETTLING PARTIES' REMEDIATION
OF THE SOUTH ANDOVER SITE
UNDER MPCA'S VIC PROGRAM
Document Title
Interim Response Action Plan: Mom's
Auto, Commercial Boulevard Northwest
Development Site, Andover, Minnesota,
Maxim Project No. 9717221, City
Project Number 94-33C
Author
Maxim Technologies,
Inc.
Date
2/11/98