HomeMy WebLinkAboutResolution 1992 (49) V
RESOLUTION AUTHORIZING THE COUNTY BOARD CHAIR
AND COUNTY CLERK TO SIGN AN AGREEMENT GUARANTEEING PAYMENT
TO LAKE AREA DISPOSAL LAND FILL, INC.
FOR ASH DISPOSED BY AMERICAN RESOURCE RECOVERY OF ST. CROIX
Resolution No. 4? (1
• St. Croix County, Wisconsin
WHEREAS, Section 4.08(A) of the Restated and Amended Service Agreement By
and Between St. Croix County and American Resource Recovery of St. Croix (ARR)
states that ARR "shall be responsible for securing landfill capacity for and bearing all
expenses and risk associated with transportation and disposal of Ash "; and
WHEREAS, ARR has signed an agreement with Lake Area Disposal Land Fill, Inc.
( Lake Area) to secure space for ash disposal; and
WHEREAS, the agreement between ARR and Lake Area states that "Lake Area's
obligation to perform under this agreement is contingent upon St. Croix County
agreeing to guarantee payments due Lake Area by ARR ".
NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of
Supervisors that the County Board Chair and County Clerk is hereby authorized to sign
the agreement guaranteeing payment to Lake Area for ash disposed by ARR (see
attached agreement).
Dated this of 6 Yh day of L)O -b.JW , 1992.
Offered by: WASTE MANAGEMENT COMMITTEE
NEGATIVE AFFIRMATIVE
/ (1, 3cAutol / - A
STATE OF SM
COUNTY OF ST. CROIX
L Sue E. Nelson, St Gott
County Clint, DO HEREBY CERTIFY that
the Miss a c - 9 9opy °
adopted by the County Board of Supervisors
Mb* held 6 0.4 c U, / F5"
Ca w_ r. r L
Sue E. Nelson, St. Croix County Gent
4 )--kx
AGREEMENT TO GUARANTEE PAYMENT
This agreement is entered into effective October :x U , 1992, between St. Croix
County, Wisconsin (hereafter "County"), and Lake Area Disposal Land Fill, Inc., a
Wisconsin corporation (hereafter referred to as "Lake Area ").
Recitals
1. County and American Resource Recovery of St. Croix, Wi. Limited
Partnership (hereafter referred to as "ARR ") are parties to an agreement dated July 28,
1987 whereby, among other things, ARR has agreed to maintain an incinerator and to
incinerate substantial portions of solid waste generated within county's geographic
territory.
2. The agreement requires that ARR be responsible for securing landfill capacity
to dispose of the ash which is created as a result of the incineration process. Prior to
August 1, 1992, disposal was effected at a land fill near Osceola, Wisconsin which is no
longer available for such purpose.
3. ARR desires to dispose of ash at a land fill facility owned by Lake Area and
situated near Sarona, Washburn County, Wisconsin and has been doing so from and after
August 1, 1992 on a temporary basis.
4. To continue the disposal of ash with Lake Area, Lake Area desires a long
term written contract with ARR with payments to be guaranteed by County.
Agreement
Now, therefore, in consideration of a location for disposal and predictable disposal
costs, County agrees to guarantee payments due Lake Area by ARR under such agreement
from and after the effective date of this agreement. If Lake Area does not receive
payment by due date for any month it shall notify County in writing. County will then
deduct that amount from the next payment due from County to ARR pursuant to
Section 6.06 of the Restated and Amended Service Agreement with ARR. County will
then arrange payment with Lake Area. If any dispute between Lake Area and ARR arises
under their ash disposal agreement, Lake Area and ARR agree to defend and hold
harmless the County.
1
e
L
Dated this day of October, 1992.
ST. CROIX COUNTY, WISCONSIN
By:
Chairman
By:
Secretary
LAKE AREA DISPOSAL
LAND FILL, INC.
By:
Gerald W. Curtis President
By:
Sheila S. Tate Secretary
AMERICAN RESOURCE RECOVERY
OF ST. CROIX, WI.
LIMITED PARTNERSHIP
By:
President
By:
Secretary
2