CCR1983115RESOLUTION #115-83
APPROVAL OF AGREEMENT RELATING TO RELEASE OF
ESCROW FUNDS TO THE MUSKEG0 LAKE RECLAMATION
CHARITABLE TRUST OR ITS DESIGNEE
WHEREAS, Resolution #77-83, As Amended, entitled, Approval of
Agreement Re‘lating to Release of Escrow Funds to the Muskego
Lake Reclamation Charitable Trust or Its Designee, was adopted
by the Common Council at its meeting held on April 12, 1983,
and
submitted his intent to veto Resolution #77-83, As Amended, to
WHEREAS, on April 18, 19S3, the Mayor of the City of Muskego
the City Clerk, and
WHEREAS, the matter was once again discussed by the Finance
Committee, and
WHEREAS, the Finance Committee directed the City Attorney to
the Common Council, and
revise the agreement and recommended same to be submitted to
WHEREAS, the revised agreement is attached hereto,
THEREFORE, BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Finance Committee,
does hereby approve of the attached agreement between the Muskego
Lake Reclamation, Inc., Trustees, the City of Muskego, the
Little Muskego Lake Association, Inc. and Little Muskego Lake
Protection and Rehabilitation District.
BE IT FURTHER RESOLVED the Mayor and Clerk are authorized to
execute the agreement in the name of the City.
DATED THIS &DAY OF 0 mJ),- j , 1983.
FINANCE COMMITTEE
Ald. Mitchel Penovich
Ald. Edwin P. Dumke
Ch-CAa COIL”-
Ald. Charles Colburn
ATTEST:
City Clerk
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AGREEPfENT
WHEREAS, a trust entitled the Trust of Muskego Lake
Reclamation, Inc., hereinafter referred to as "Trust", was
established pursuant to a Declaration of Trust of the Muskego Lake
Reclamation, Inc., which represents that it is a non-profit
Wisconsin corporation, a copy of which is attached hereto, made a
part hereof and marked Exhibit "A", and
WHEREAS, by virtue of a Resolution of the Common Council of
the City of Nuskego, hereinafter referred to as "City", a copy of
which is attached hereto, made a part hereof and marked Exhibit
"B", the City has control of said trust funds, and
WHEREAS, the Little Muskego Lake Association, Inc., herein-
after referred to as "Association", which represents it is a non-
profit Wisconsin corporation, may claim some interest in said monies,
and
WHEREAS, the Little Muskego Lake Protection and Rehabilitation
District, hereinafter referred to as "District", a municipal
corporation, may claim some interest in said monies, and
WHEREAS, the parties wish to clarify their rights and
responsibilities, and
WHEREAS, the Trust hereby represents that Ronald Ford, Wayne
Radtke and Ned Bechthold are presently the trustees of said Trust
and have complete power to act for said Trust,
NOW, THEREFORE, for valuable consideration acknowledged 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. 02700107 at
St. Francis Savings & Loan entitled Muskego Lake Reclamation in the
amount as of the 12th day of April, 1983 of $156,750.04.
2. That all funds of said Trust shall be forthwith transferred
to Ronald Ford, Wayne Radtke and Ned Bechthold as trustees of the
Muskego Lake Reclamation Charitable Trust of Muskego Lake
Reclamation, Inc. as State and Federal grant funds have been
received by the District and paid to the City in payment of all
,-
debts owed by the District to the City cxcept for approximately
$12,000
3.
responsi
Trust .
4.
several1
agents ,
which is owed for weed cutting equipment.
That the City shall have no further rights or
bilities as to said Trust upon payment of the funds to the
That the Trust and the Association shall jointly and
y indemnify and hold harmless the City and its officers,
and/or employees for any claim by any one against the City,
its officers, agents, and/or employees for any past or future act
as to said trust fund and/or the release of said funds to the
Trust. That the City shall promptly inform the Trust and the
Association of any claim made under this paragraph and the Trust
and/or the Association jointly and severally shall at its expense
provide the City and/or its officers,agents, and employees with a
full defense (by attorneys approved by the City) to any such claims
including but not limited to payment of any costs, attorneys fees,
and similar expenses, and shall pay any and all damages incurred by
the City. The Trust shall hold all of said trust funds and not use
the same for a period of at least one (1) year after the payment of
the money to the Trust; furthermore, if the City shall notify the
Trust within said one (1) year period that an audit or similar
procedure has been commenced by a government agency concerning the
Federal and/or State grants to the District, then the Trust shall
hold all of said trust funds until such time as the audit or similar
procedure has been completed and the results of said audit or
similar procedure are that the grant was proper. If the results of
said audit or similar procedure do not indicate that the grant was
proper, then said fund shall not be released by the Trust without
the prior written consent of the City.
5. The District hereby agrees that it has no claim or interest
in the trust funds in question. e
6. This agreement will take effect on or after the following:
The Trust, Association and District approve and execute this agree-
ment on or before the 1st day of October, 1983. If this does not
occur before said date, this agreement is null and void.
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e 7. The c,ovenants, conditions and agreements contained in this
agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators,
successors and assigns.
Dated this day of D 1983,
MUSKEGO LAKE RECLAMATION, INC.
By :
Wayne Radtke, Trustee
By :
Ronald Ford, Trustee
By :
Ned Bechthold, Trustee
LITTLE MUSKEGO LAKE ASSOCIATION,
INC.
By :
President
By :
Secretary
CITY OF MUSKEGO
By :
Wayne G. Salentine, Mayor
By :
Charlotte Stewart, Clerk
LITTLE MUSKEGO LAKE PROTECTIO:;
& REHABILITATION DISTRICT
By :
Wayne Radtke, Chairman
By:
J
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