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CCR1988218COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #218-88 AUTHORIZING APPROVAL OF AGREEMENT (Leachate Dumping) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby authorize the Mayor and Clerk to execute the attached agreement in the name of the City. DATED THIS 27th DAY OF September , 1988. PUBLIC UTILITIES COMMITTEE Ald. Harold Sanders Ald. Daniel Hilt Ald. Thomas Repischak ATTEST : City Clerk 9/88 .i = AGREEMENT WHEREAS. the CITY OF MUSKEGO, hereinafter referred to as "CITY", operates a sewer system; and WHEREAS, the undersigned, hereinafter referred to as "FUTURE PARKLAND", is a landfill operator; and WHEREAS, the CITY and FUTURE PARKLAND with the cooperation and approval of the Milwaukee Metropolitan Sewerage District, hereinafter referred to as "MMSD", wish, on a trial basis, to test a system whereby FUTURE PARKLAND may unload certain leachate into said sewer system. NOW, THEREFORE, IT IS AGREED AS FOLLOWS : 1. That anything unloaded by said FUTURE PARKLAND into said system shall only be the type of material approved by all applicable government agencies, rules, laws and regulations. 2. The unloading site shall be located at Manhole in road at W143 S6400 College Court, City of Muskego, and will be open only during the periods in which the unloading is operated and supervised by representatives of MMSD, and it is contemplated at this time that I the site will be open between 7:OO a.m. and 5:OOp.m. Monday through Fridays and between 8:OO a.m. and 4:OO p.m. on Saturdays. 1 3. The site will never be used without an operator supplied by MMSD being on the premises and said operator inspecting and approving each load. 1 4. The site will operate on a trial basis and may be closed for any reason or no reason at all at any time with no prior notice to anyone by MMSD or the CITY; this agreement may be terminated at any time for any reason or no reason at all by the CITY with no prior notice to anyone. 1 5. FUTURE PARKLAND will pay any and all applicable fees including the fee of the CITY which at this time is $1.20 per 1,000 gallons; the CITY'S fee of $1.20 per 1,000 gallons will be paid to the MMSD operator at the time of the use of the facility. *> 6. FUTURE PARKLAND agrees to accept the responsibility for maintaining the sewer line on College Court to Tess Corners Drive to the satisfaction of the CITY and all other applicable government agencies, and if for any reason said line is not so maintained, the facility may be closed by the CITY with no further notice to anyone. 7. FUTURE PARKLAND or its hauler will be licensed with the CITY at an annual fee of $ 30’ per truck. 8. FUTURE PARKLAND agrees that if any change in the use of the facility is required by tlE1SD. the CITY or any other applicable government agency, it will immediately comply. 9. FUTURE PARKLAND shall indemnify and save harmless the CITY, its officers, agents and employees and shall defend the same from and against any and all claims, losses, damages, suits, judgments, costs, expenses, attorney fees, etc. to whomever owed and by whomever and whenever they are sought, ordered or maintained, which may in any manner result from, or arise in the course of, out of, or as a result of the acts of FUTURE PARKLAND including, but not limited to, the dumping of leachate into the CITY sewer system or by the violation of FUTURE PARKLAND of any rules, laws, regulations, ordinances, etc. of any government unit or agency; said losses or damages indemnified against may be those of the CITY. 10. It is understood by FUTURE PARKLAND that the CITY may require in order for FUTURE PARKLAND to continue operating under this agreement that FUTURE PARKLAND, at its expense, to the specifications of the CITY, construct certain odor control devices in the CITY sewer system. 11. FUTURE PARKLAND and its successors and assigns shall be bound by the terms of this agreement. Dated this day of , 1988. CITY OF MUSKEGO By : Wayne G. Salentine, Hayor Future Parkland Development, Inc.