RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION COMMENCED BY FULTON COUNTY AGAINST MONTGOMERY COUNTY RELATED TO THE PARTIES’ INTERMUNICIPAL AGREEMENT FOR WASTE DISPOSAL SERVICES DATED MARCH 6, 2014

STATE OF NEW YORK

SUPREME COURT                                                               COUNTY OF MONTGOMERY


FULTON COUNTY,
Plaintiff,

SETTLEMENT AGREEMENT
AND RELEASE

-against-

Index No. : 2018-751

MONTGOMERY COUNTY,
Defendant.


For and in consideration of: (a) The mutual promises contained in this Agreement; (b) the payment of the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) by Montgomery County to Fulton County pursuant to the terms described below; (c) the dismissal with prejudice of the Complaint; and (d) other good and valuable consideration; the parties by and through their respective counsel, AGREE AS FOLLOWS:

For and in consideration of: (a) The mutual promises contained in this Agreement; (b) the payment of the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) by Montgomery County to Fulton County pursuant to the terms described below; (c) the dismissal with prejudice of the Complaint; and (d) other good and valuable consideration; the parties by and through their respective counsel, AGREE AS FOLLOWS:

  1. Fulton County, does, for itself and its officers, present and former employees, agents, representatives, successors and assigns, release and forever discharge Montgomery County, its officers, present and former employees, agents, representatives, successors and assigns, from any and all claims, attorneys’ fees, demands, or causes of action of any kind or nature whatever that are related to, or arise from, transactions that were or could have been alleged in the above Action or in any way relate to the parties’ March 6, 2014, contract titled Intermunicipal Agreement for Waste Disposal Services.
     
  2. Montgomery County, does, for itself, its officers, present and former employees, agents, representatives, successors and assigns, release and forever discharge Fulton County from any and all claims, attorneys’ fees, counterclaims, demands, or causes of action of any kind or nature whatever that are related to, or arise from, transactions that were or could have been alleged in the above Action or in any way relate to the parties’ March 6, 2014, contract titled Intermunicipal Agreement for Waste Disposal Services.
     
  3. Montgomery County agrees to pay Two Hundred Twenty-five Thousand Dollars ($225,000.00) to Fulton County at the time of delivery of this fully executed Settlement Agreement and a Stipulation of Discontinuance. Montgomery County additionally agrees to pay Fulton County on or before March 1, 2020 an additional Two Hundred Twenty-five Thousand Dollars ($225,000.00). The parties understand that the underlying action involves arguable and disputed questions of fact and law, that the liability of the parties for the above-mentioned matter is disputed and that payment provided for herein is not to be construed as an admission of liability, which is expressly denied, and that this Settlement Agreement arises solely from compromise. The execution of this Settlement Agreement does not, is not and shall not in any way be construed as an admission of wrongdoing on the part of any party to this Settlement Agreement.
     
  4. Enforcement: If either party shall institute an action based on the alleged default of the other of this Settlement Agreement the prevailing party by Court Order shall be entitled to recover reasonable attorneys’ fees and costs incurred by the prevailing party.
     
  5. Attorney Representation: Both parties acknowledge that they have been afforded representation during the negotiation and preparation of this Settlement Agreement by counsel.
     
  6. Execution in Counterparts: This Settlement Agreement may be executed in one or more counterparts in any manner, such as by hand, regular mail, facsimile or electronic mail, but all such counterparts, including facsimile or .pdf copies, shall together constitute but one and the same instrument.
     
  7. Controlling Law: This Settlement Agreement shall be interpreted in accordance with the laws of the State of New York and any action in regards thereto shall be brought in Montgomery County Supreme Court. The language of all parts of this Settlement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties.
     
  8. Acknowledgment of Full Consent: Each party hereto acknowledges the execution of document includes a release of various rights of the respective parties and that as a result this Settlement Agreement is entered into knowingly.
    1. This Settlement Agreement represents the full, final and complete resolution of this matter, has not been supplemented by any oral promises or representations, and cannot be modified, except in writing signed by all parties hereto or their lawful successors.
       
    2. This Settlement Agreement has been approved by the Fulton County Board of Supervisors and the Montgomery County Legislature and the undersigned have been authorized to execute this Settlement Agreement on behalf of the respective parties.
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IN WITNESS OF THE ABOVE, the undersigned have executed this Settlement Agreement and Mutual General Release as of the dates set forth below.

FULTON COUNTY, NEW YORK

Dated:
By: Jack Wilson, Chairman Fulton County Board of Supervisors
County Office Building
223 West Main Street
Johnstown, New York 12095

Approved as to Form:

Dated:
By: Jacquelyn P. White, Esq.
MILLER, MANNIX, SCHACHNER & HAFNER, LLC
Attorneys for Plaintiff
15 West Notre Dame Street
Glens Falls, New York 12801
(518) 793-6611

MONTGOMERY COUNTY, NEW YORK

Dated:
By:
Matthew L. Ossenfort
Montgomery County Executive
20 Park St.
Fonda, New York 12068

Approved as to Form:

Dated:
By: Meghan Manion, Esq.
Montgomery County Attorney
20 Park Street
Fonda, New York 12068
(518) 853-4304