HomeMy WebLinkAboutb. Proposed Correction - 6.h. Updated Settlement Agreement with Arcon Development, Inc. rd t .
SETTLEMENT AGREEMENT
This Agreement is made this day of :2012 by and between the
City of Rosemount, Minnesota, a Minnesota municipal corporation (the "City "), and Arcon
Development, Inc., a Minnesota corporation ( "Arcon ").
WHEREAS, the City and Arcon are parties to an agreement entitled Land Exchange
Agreement, dated , 2011, pursuant to which the City conveyed to ,Arcon land
depicted on Exhibit A attached hereto and hereby made 'a part of this Agreement (the "Subject
Property "); and
WHEREAS, in connection with the developmerit of the Subject Property, Arcon
discovered crushed battery case material that had been used as a drain field for a septic system
on the Subject Property; and
WHEREAS, Arcon has excavated the battery case material and asserts that the City is
ry responsible for removal of the material; and
WHEREAS, the City denies that it has any legal responsibility to remove the battery case
material, but as a compromise of a disputed claim and to avoid the expenditure of public funds
and resources in litigation, and to avoid the uncertainty of litigation, the City agrees to settlement
of the dispute on the terms and conditions set forth herein.
NOW, THEREFORE, on the basis of the premises and the mutual covenants contained
herein, the parties agree as follows:
1. Arcon will make arrangements with SKB Environmental, Inc. ( "SKB ") for disposal
of the battery case material at the SKB containment facility in the City of Rosemount.
2. The City will load the excavated battery case material and dispose of it at the SKB
industrial waste facility by , 2012.
3. Arcon will pay to SKB all fees required for disposal of the battery case material at
SKB's facility.
4. Upon receipt of a final bill, Arcon will invoice the City for fifty percent (50 %) of,the
cost of disposal charged by SKB, including with such invoice the bill and receipt
from SKB showing the amount �f material deposited and the total charge. Within 30
days of receipt of such invoice, the City will reimburse to Arcon fifty percent (50 %)
of such costs; provided, however, that the City's reimbursement to Arcon will not
exceed Seven Thousand Six Hundred Dollars ($7,600).
5. In consideration of this Agreement, Arcon` forever releases and discharges the City,
its officers, agents, and employees from any and all claims for, or related in any way
to, the condition of the Subject Property, or its soils, or any materials of any nature
398086v2 CLL RS220 -285 1
whatsoever, stored, deposited, or located on or under the soils of the Subject Property
existing as ofthe date of transfer ofthe Subject Property from the City to Arcon, and
will indemnify, defend, and protect the City, its officers, agents and employees from
any and all such claims brought against the City in the future.
6." Arcon shall take all steps necessary to assure compliance with federal, state and local
environmental laws relating to the battery case material °excavation, removal, storage .
and disposal, including, but not limited to, testing, assessment, notification to
governmental entities, removal, verification and reporting. The City's only obligation
with respect to environmental laws as they relate to the excavated material is to
provide transport for the materials excavated by Arcon:to : an approved disposal
facility determined by Arcon.
IN WITNESS WHEREOF, the parties, by their authorized representatives, have
executed this Agreement as of the day and date first above written.
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CITY OF ROSEMOUNT
By;
Its Mayor
And by:
Its Clerk
ARCON'DEVELOPMENT, INC.
By:
Its:
398086v2 CLL RS220 -285 2
k. "