HomeMy WebLinkAboutResolution 1991 (03) RESOLUTION APPROVING SETTLEMENT
WITH AMERICAN RESOURCE RECOVERY
Resolution No. 3 67 f )
St. Croix County, Wisconsin
WHEREAS, American Resource Recovery, owner /operator of the St. Croix Waste -
to- Energy facility, filed a lawsuit against St. Croix County on August 16, 1990, case no. 90
CV 373; and
WHEREAS, the County Waste Management Committee and Finance Committee
have reviewed a proposed settlement of the lawsuit and recommend its approval; and
WHEREAS, the terms of the proposed settlement agreement are as follows:
1. American Resource Recovery will dismiss the lawsuit with prejudice and St.
Croix County will dismiss its counterclaims with prejudice;
2. St. Croix County will pay to American Resource Recovery the sum of $90,824,
paid as follows: 70% of the sum at the execution of the settlement agreement and 30%
when the remaining terms of the settlement agreement are met, as set forth hereafter;
3. American Resource Recovery will complete items on the "Punch List ", said
items being known to both parties through other writings;
4. American Resource Recovery will pay upon execution of the settlement
agreement Gopher Disposal and Waterman Sanitation for rental of roll -off containers in
August, 1989, when ash had to be stored at the facility after an ash test failure, and provide
verification to the County of payment;
5. American Resource Recovery will defend and hold harmless St. Croix County
against lawsuits filed by Junker Sanitation and Gopher Disposal against American Resource
Recovery and St. Croix County for roll -off container rentals;
6. St. Croix County and American Resource Recovery will prepare a
"memorandum of understanding" regarding the application of the Restated and Amended
Service Agreement to future ash test failures, in the event one should occur.
7. The 70% payment to American Resource Recovery and the dismissal with
prejudice of the lawsuit and counterclaims are not invalidated by the failure of conditions
3 through 6 being met.
NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of
Supervisors, meeting in regular session, that the terms set forth above be incorporated into
a settlement agreement between St. Croix County and American Resource Recovery and
that the County Board Chairman and County Clerk execute the agreement on behalf of
St. Croix County.
-f:j0
Dated this day of ( 0,.. z.„ , 1991.
Offered by: WASTE MANAGEMENT COMMITTEE
NEGATIVE AFFIRMATIVE
O
c
O rp ,, ,Ad
. 2e1t;
f=
FINANCE COMMITTEE
NEGATIVE AFFIRMATIVE
'
STATE OF WtSCCxvanr 'r r�
COUNTY OF ST. CROIX Q ----
t SLO E. Nelson. St. Crnlx ° /L. - 1J/
Corr- "r Ct ^ris, [f? 1 C'-'2
,TtFY that
tt o ±
,,..10 ; s f•:•Is E ^d c rr ^ct copy of
f
1 )
.; of Supervisors
Sue E. Nelson, St. Croix County Clerk