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on ensuring passage of property occurs in a mutually beneficial manner. Mr. Schroeder <br />stated that they looked at property which is currently being graded. Waste Management <br />agreed to rough grade and prepare the property so it's reasonably acceptable for bail field <br />use. Mr. Schroeder stated that Council had authorized in the past for Staff and the City <br />Attorney to work with Waste Management under fairly specific parameters. Waste <br />Management is not interested. They see this issue as simple; we accept the land or not. <br />They see no reason to amend the existing development agreement. They are not interested <br />in entering into any indemnification language beyond what is existing in the agreement. <br /> <br />City Attorney Goodrich stated that the development agreement is what Council previously <br />authorized. He stated that Waste Management does not want to do 2a which reads "The <br />Warranty Deed attached hereto as Exhibit "C" and by this reference made a part hereof <br />conveying to the CITY, without restriction or covenant, a parcel of land of approximately <br />22.5 acres adjacent to Sunfish Lake Boulevard and 153rd Avenue and including that <br />property owned by WMMI located north of 153rd Avenue NW and west of Sunfish Lake <br />Boulevard". They are okay with 2b which reads "The Warranty Deed attached hereto as <br />Exhibit "D" and by this reference made a part hereof conveying to the CITY, without <br />restriction or covenant, a parcel of land approximately 50 acres lying approximately 400 <br />feet north of the Anoka Landfill facility and reserving therein certain rights for the <br />excavation and extraction of soil materiais from said parcel". They aiso do not want to do <br />2c which reads "The Warranty Deed attached hereto as Exhibit "E" and by this reference <br />made a part hereof conveying to the City without restriction or covenant that parcel of land <br />described on said Exhibit "E" and having Anoka County PIN 22-32-25-13-0022". <br /> <br />Mayor Gilbertson inquired what the City needs the other lot for. <br /> <br />Mr. Goodrich stated that the other lot was Mr. Schroeder's suggestion. <br /> <br />Mr. Schrocder stated that we will have ail the land north and he saw the other parcel as a <br />remnant. <br /> <br />Mayor Gilbertson inquired what the City would do with it. <br /> <br />Mr. Schroeder replied "sell it". <br /> <br />Mr. Goodrich summarized Section 3 of the agreement and stated that 3e deals with <br />indemnification and Mr. Otter has stated that WMMI is not willing to indemnify the City <br />any further. <br /> <br />Mayor Cdlbertson stated that Mr. Otter feels the 50 acres is not part of the landfill so he <br />should have need to indemnify it twice. <br /> <br />Mr. Goodrich stated that is okay; however, Mr. Otter has to communicate that. <br /> <br />Mr. Goodrich summarized the agreement by saying that basicaily the only thing that Waste <br />Management doesn't really agree on is the extra lot. <br /> <br />Mayor Oilbertson stated he does not feel that the extra lot is important. He added that Mr. <br />Otter's word is good as they have done everything they said they would. <br /> <br />Mr. Goodrich stated the agreement is fair - it's a good compromise. <br /> <br />City Council/October 25, 1994 <br /> Page 10 of 15 <br /> <br /> <br />