CCR1983076RESOLUTION #76-83
APPROVAL OF AGREEMENT RELATING TO RELEASE OF
ESCROW FUNDS TO THE MUSKEGO LAKE RECLAMATION CHARITABLE
TRUST OR ITS DESIGNEE
WHEREAS, Resolution t59-83, entitled, Resolution Authorizing
Release of Escrow Funds to the Muskego Lake Reclamation
Charitable Trust or its Designee, was deferred from the
Common Council meeting of March 8, 1983, to give the City
Attorney time to work out an agreement with the Trustees of the Muskego Lake Reclamation Charitable Trust, Inc., and
WHEREAS, the proposed agreement was reviewed by the Finance
Committee, and
WHEREAS, the agreement has been referred to the Common Council
without recommendation,
THEREFORE, BE IT RESOLVED that the Common Council of the City
of Muskego does hereby approve of the attached agreement
between the Muskego Lake Reclamation, Inc. Trustees, the City
of Muskego and the Little Muskego Lake Association, Inc.
BE IT FURTHER RESOLVED the Mayor and Clerk are authorized to
execute the agreement in the name of the city.
DATED THIS DAY OF , 1983.
FINANCE COMMITTEE
Ald. Robert Klenz
Ald. Mitchel Penovich
Ald. Edwin P. Dunke
ATTEST:
City Clerk
AC.SEE?IENT
I UHEREAS, (1 trust entitled the Trust of Xuskego Lake
f;
Reclamation, Inc., hereinafter referred to as "Trust", was
+stablished pursu3nt to a Declaration of Trust Of the Nuskego Lake
clamation, Inc., which represents that it is a non-profit
sconsin corporation, a copy o€ which is attached hereto, made a
p~rt hereof and marked Exhibit "A", and
!JHEREAS, by virtue OF a Resolution of the Common Council of
the City o€ Xuskego, hzreinJEter re€erred to as "City", a copy of
vhich is attached hereto, made a part hereof and narksd Exhibit "B",
the City has control o€ said trust funds, and
VHEREAS, the Littlz !ruskego Lake Association, Inc., herein3fter
-
referred to as Associ3tion", which represents it is a non-profit
!disconsin corporation, -lay claim some interest in said monies, and
I*
!JHEREAS, the Little Xuskego Lake Protection and Rehabilitation
District, hereinafter referred to as "District", d municipal
corporation, nay clain sone interest in said monies. and
~ -. 4 WHEREAS, the parcies vish to clarify their rights and
esponsibilities, and 6 WHEREAS, the Trust hereby represents that Ronald Ford, Wayne
Kadtke and Ned Bechthold are presently the trustees of said Trust
and have complete power to act for said Trust,
NOW, THEREFORE, €or valuable consideration acknovledged by
each party, it is agreed as follows:
1. The Trust represents that it is legally entitled to
all of the funds now being held by the City in Account NO.
in the amount as of the day of , 1983 of
entitled
$ .
2. That all funds of ,;id Trust shall be forthwith transferred
to RonaId Ford, Wayne Ridtke and Ned Bechthold 6s trustees of the
.dHuskego Lake Reclamation Chiritable Trust of Huskego Lake
qeclam3tiot1, Knc. 6s soon is State a'nd Federal grant funds are
received by the District a3d paid to the City in paym’nt o€ debts
to the City and any other debt o€ the District to che City is paid
in €ull.
3.
responsi
Trust.
4.
sever3 11
asents,
ThJt the City shall have no €urther rights or
bilities as to said Trust upon payment oE the Funds to the
That the Trust and the Association shall jointly and .
y indemnify and hold hscmless the City and its oEEicers,
andlor employees €or any claim by any one against the City,
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its o€€icers, agents, and/or employees €or any past or Eucure act
3s to said trust €und and/or the release o€ said €unds to the
Trust. Th3t the City shall prornptly in€ocm the Trust and the
Association of any claim ;lade under this paragraph and the Trust
and/or the Association jointly and severally shall at its expense
provide the City and/or its oEEicers, agents, and enployees with
a €1.111 defense (by attorneys approved by the City) to any such claims
including but not limited to payment OE any costs, attorneys Eees,
and similar expenses, and shall pay any and all daaages incurred by
the City. The Trust shall hold all o€ said trust funds and not use
the same €or a period oE at least 6 w-5 year(s) after the payzent
oE the money to the Trust.
-.
I e
5. The District hereby agrees that it has no claim or interest
in the trust funds in question.
6. This agreement will take e€Eect on or after the
following: The Trust, Association and District approve and execute
this agreement on oc before the day of , m3.
If this does not occur before said date, this agreement is null and
void.
7. The covenants, conditions and agreements contained in this
agreement ohall be bindiog upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, 1.
-2- .
s~ccessors and assigns.
Dated this day of * 1983.
.HUSSECO LAKE RECLAXATL0.V. INC. CLTY OF XUSKEGO a: -
By:
Wayne Radtke, Trustee Wayne G. Salentine, .Hayor -
By: By:
Ronald Ford, Trustee Charlotte Stevarc, Clerk
By :
Ned Bechthold, Trustee
LITTLE XUSKEGO LAKE ASSOCIATION, LITTLE YUSKEGO LAKE PROTECTLON
INC. 6 REHABILLTATLON DLSTRLCT
President
By :
Wayne Radcke, Chairman
By : By:
Secretary
. ..
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