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Home My WebLink About29615 / 78-15Jul_y 20, 1.97�5 ;� l� R�;SOLiJ`I'IJN PIT�t�'OSE: �1D'.I`HORII,I� CT`?`:1 i0 EVl`E; : TN�CO I�Gi?�=>'�i��",: I' WI7�i `1'i3�; T�;ISC,"'O�;S�I�I SOLII7 j�A��i`I� TZE;CiCI_�1��,� AU.�itIJ:;I:�i`=�' II:vI LIA7 r,I) BY: Cli"r E�)'�:�?� � S'1'1.z.�'�110�: I3;�, �'I' P.L.SO ��;�� by th� Co;r�rx� Co:z_nr.ii. of the Ciiy of Crh�;aah -t}�.at= �L�ie ��rc�i�n�r Ci;-Y ��:i �ic-i.a�: s are �lereby autl��.�:_re:.• an_� ct:ir.�.^ted -�o �rti ��r :inio th:1 att��he.c. l�c�rt��!c��t: w��.i-� t�le Z�7iscor,s:iiz Soli_r_ G�;�ste ��c��clirzg Au;ii��z°i�L-y. -; - o ; . :,, _ . f. - �, . �: : . �, � �;; .. � �r�'_ .-."^� �r,it ,.� W . l y .�j ^'`�yr' T�t . . _ . ,.., r'_.�r�'��,_ -e. .. � .^.IN •' � . j � i � I � • '' s��r ... . . - . . -. t - `��-� � (t �, r �.��w . � `'�� • _ A G R E E M E N T Between Wisconsin Solid ti�7aste Recycling Authority ("Authority") and City of Oshkosh, Wis. ("Oshkosh") «f3�2EAS, in 19C8 Oshkosh p�aced in operat_ion an incinerator ta di.spose of its solid waste; and Wf�RF�S, the I�part�nent of_ i�tural Resources ("DNR") adopted, in 1972, a.ir po.11ution standards signiii_cantly m�re stringent than those wliich the Oshkosh incinerator was deszgned to r�3��t; and Wf-�RE�.�,..5, Oshkosh was adviseci by a consulti.ng engineering firm retained by it in 1973 that it would be necessary to install electsostatic precinita.tors at a total cost of $700,000 in order ta comply with the air pollution standards adopted by the DNR in 1972; and H�2F;AS, Osh}�osh �4•as ordered by th` DNR to comply with such standards by ,7uly 31, 1975; and Wf�,'F2rsAS, the Authority was created in 1974 by legislation which, inre.r ali.a, required the Auihority, "at, or as soon as p.rac�.icable after, the ti� solid wast�s from a municipality are di.s,�sed through completed and opesat::_.�ig facilities owned, leased or contracted for by the Authority....to acquire by purchase any o�rating nnuii_ci.pal land fill sites, ptant �,-ites and capital improvements and equipm�nt which were originally acquire�' by the nnanici�,i.i.t� in response to Departm�nt of Natural Resourcc_� orders or licensing rec�-i��re:r�.�nts relating to solid waste disposal, or which are or were license� by the I��>ar_t- ment of Natural R�sources, or which were not required for cor,�liaiice with Departzr�nt of Natural Resources' licensing re�uirem:�nts but were ap�rove�l in advance by the Authority" ; and WHEREAS, at an October 30, 19'�4 r�ting attended by C�shkosh officials, DNF2 representatives and P.uthority represr�nta�..ives, an Authority rnerr�2r prese,-�t indic��ted an intention to purchase the Oshkosh incinerator even if the electrostatic precipitators were not installed; and ��I3ERF�S, Os��kosh in reliance o� such assurances that the Authority would purchase the incinerat-��, det��rnu.ned not to invest an auditior.al $70C,000 in the electrostatic pr_ecipitators and ir�t��ad used its landf.�ll as a tF.n�orary n�eans of disposin� of its solid wa�tes; and -z- ti�Iff�AS, Oshkosh desires to retain ovmership of the plant prernises for use as a bus garage and headquarters as part of a bus system to be funded prim�ril.y by a grant from the federal Urban Mass Transit Adm.inistration ("UI�ITA" ); and WFiEE��LS, the Au�hority and Oshkosh desire to settle their dispute with respect to the Oshkosh Incin�rator Pl-int in a m�nner fair and equitable to each; and WHERF�S, the Authority desires that such set�lc�n�nt will be in an am�unt significantly bel.ow that which the Authority would have had to pay if the ele�trostatic precipitators had been installed. NCirl, TI�;REFORE, in consideration of the promises and covenants herein, t}ze Authority and Osh}:osh ac�ree as fallows : l. The Authority shall pay the amount of $250,000.00 to Oshkosh in ful.l and final settlement of any and all liability of the Authority to Oshkosh with resp�r-� tc�.the Oshkosh incinex-ator. Paym�nt shall be made in the form of a credit to Oshkosh. `��e r�nthly c.redit shall be at a�nthly rate determined by dividi.�lq $250,000.00 by the n�er of rronth::� between (a) the month the Authority firs�t processes total Oshkosh solid waste througn its Region I Recycling facili.ty and (b) March l, 1987. No interest shall accrue at any tirc� on the credi_t balance. 2. Payment to Oshkosh by the Authori.ty is contingent upon each of the. Follawing cond.i.tions : a. Th� creatics� aild operati.on of the Authori�t�y's Region I. b. R�ceipt by Oshkosh of su�ficien-� L�IT�1 funds to make its city bus systern operational. c. Successful sale of t-he first Authority bond i.�sue. d. Successful final disnosition, including all appeals and petitions for rehearing, of any legal proceeclings cha�lenging, in whole or in p�s-t, the legality of the transaction'described �_n th_i_� Ac;r�r-�nt, 3. Ttie Authority shall not be responsible, financia1ly or otherwise, exc4pt for the credits required by parayr.aph 1 above, for any r�r�elinc}, new construct�ion, e�.j�uipm�nt rez�val or other similar work done on the Oshkosh incin�raior pre�-nises . -3- 4. Oshkosh hereby waives any and all claims it ma.�� have had, has, or may ha.t,re in th� future, of any kind, aqainst the �uthority r�lating in any way to the Oshkosh incineratoxy dispute. Oshkosh agrees to indemnify and hold hannless the Authority for any li�ility or dan�ges arising out of. the sale and purchase of the Oshkosh inci..nerator equi�xnent and the re�mj,�l of such equip�nt. Settlemcnt incl.uding any nece�sary reimbursement to Authori�� of prior cr�3.its is without interest. 5. Oshkosh warrants that it has good leqal title� free and clear of all liens and encutrbrances , t� the incinerator covered by t�is Agreement, and will warrant and defend suc.h titl_e. 6_ This Agree.�nt constitutes the entire agreement between the Aut.�iority and Oshkosh. Changes shall be ma3e only by written ar��nt signed by authorized r�presentatives of both parties. 7. 'I'his agre�nt and t�he rights and obliyations of the ga.rties here-- under shall bA governed a�d construed in accordance with tY��e la�r�s of the 8tate of Wisconsin. WZSCONSIN SOLID WAS'ITE Rr.CYCLING At7THORI`.I'Y By: _ Arloe W . -- Paul , Chai?�nan Date: �' � , Warreil Porter, Actinq �:ecutiv� Director Date: CITY OF OSHKOSH AY� — William D. Fru�h, City Manager Date: �' • — Convers� C. Mar;�:s, City Clerk Ika.te : -4- STATE OF WISCONSIN ) ) ss COUN`I'Y Or^ DANI: ) Personally ap�e:�red befare me this , day of _ __ , 19 7 8, Mr . Arloe �+7. Paul and Mr . Warren Porter to n� kna,m to be the p�xsons who executed the foregoing Agre�a�xit, and to me knr�an to be such ChaiYm�n and Acting �ecutive Director of the Authority, and ac}:nawledged that they are such CtZairm�n ar.d Acting Executz.ve Director and that they e�:ecuted the foregoing Agree�rent on beiZalf of the Authority, by pro�r author.ization, and as the act of the Authority for the purposes therein stated. TN WITNESS Wf1IIZEOF, I hereunto set my hand and official seal. NotJar.y Public S-�ate of Wisconsin My Con�ni.ssion S`I'f1`ITE OF WISCONSIN ) ) ss COUN`IY Or WINNE�AGO ) Personally appeared before me this day of ��_ i� 197£3, ��illiam D. FruP��, Ci�y Manager and Convc:�rse C. Marks, Ci.ty Clerk, of the City of G�hkosh, to � knoFan to be the officers who exe.r.uted the foregoing Ag?-eement and -that th�y executed the foregoing Agre�ment on beizalf of the City of Oshkosh, by pzoper auttiority, and as the �..::t af the City of Oshkosh for the purposes there9_n stated. IN WIZ`�IESS j�HF�EOF, I hereunto set n�y hand and official seal. No-E��zy Public State of Faiscansin My Cor�ni5sion T � � � L� �>, r�� l•.as� Gp�' � +� • � � a� � �� a� o �� o � �� 2, U �� U � � � N O -t� •ri U] -i-� «3 �3 � o ,.� �. � � �� a�� x� � a 0 � � O H � 0 � � 0 � � v � � � � N .� � � cd U � � ti � ,� � a� o � N U � �� —J U