Agenda - Council - 10/27/1992 - Laserfiche WebLink

Home

SETTLEMENT INCENTIVES ~1. city restrict borrow on N 50 acres. CUP on this has expired, but this right may be granted /in the ski hill agreement 2 /Cit not extend current CUP. ,~~ ,t~/z~-.~ / ,~ City needs to be cautious ~n negotiating that we do not .~Z~-.~ somehow appear to be extending or granting a CUP in a ~,~?, ~ u~re'eurn for a favorable lawsuit settlement. CUP's need ~½/0~J~j 3~tolbe granted or denied on their own merit, and not for '~/~'~'~ '~X~ernal reasons. ~ "-~'~I ~a~ad~ed their own "incentive" as can be seen by their ~33~// attached October 13, 1992 letter. This letter says no more ,,. ~o~~ payments ~o e~be= C~y because o~ ¢~u(. .-.-c~o~a=e/post c~osu=e cost. ~ ........ '" ~' / $73,300.00 f~om ~I pursuant to the 1984 Sale Agreement. ~e also ~ received ?$a~3,0a2.00 for this same period representing the statutory tipping fee, however, this payment not in controversy{. The $73,300.Q0 averages $10,471.00 per month and for the 24 mon%h period fr~m ~anuary 1, 1992 through December 31, 1993 (landfill of courae~ assumes similar volumes to those zn thee first half of uara ee ,000.00 qr a ,000.00. -If we do no~. prevail in the lawsuit, WM~I would presumably be ~U c~~~c ont l~u~n~g---t ~ ~'U~_-~_--.-~¥: h-igh'_am-~h~ '"'~dr ' Ci ~sure/post (al~eady~ived)]. We would also lose those items No 1 -. 8 If the City prevails in the lawsuit, we wo~ld, presu~abl-y-rece~ve approXi~~7~co~-0'z0a' 9~-C-h~ is -~h~' $2.71 per cubic yard we allege ~I~'has ~ngfully ded~8~ed fro~ January, 1984 through July, 1.99~, ~toge~h~r with no right by ~Z to deduct anything furthar during ~e landfill life. This then would be the City's full 10% of n~t/revenues. In September, 1992 this would amount to approximately/S8,500.00. Assuming September, ~onth, w~~r~~ward to receiving an additiona&$~44,500.~ (~,40'0:00~~17 months))or these royalty fees.