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CCR1990117COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION 11117-90 CITY OF MUSKEGO AND VALUE VILLAGE REAL ESTATE CORPORATION APPROVAL OF INDEMNIFICATION AGREEMENT BETWEEN (Recycling Program) WHEREAS, the City of Muskego has conducted and wishes to conduct a recycling program on the Parkland Mall Shopping Center property, and WHEREAS, the City has agreed to indemnify the owners of Parkland Mall for any claims growing out of the City conducting such a recycling program on said property. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached indemnification agreement between the City of Muskego and Value Village Real Estate Corporation. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute the Agreement in the name of the City. I 0 DATED THIS R+,, DAY OF MA" , 1990. I FINANCE COMMITTEE I Ald. Daniel J. Hilt i Ald. Edwin P. Dude Ald. Harold L. Sanders ATTEST: City Clerk 5/90 jZ .. . INDEMNIFICATION AGREEMENT WHEREAS, Value Villaqe Real Estate Corporation is the owner of the property commonly known as the Parkland Mall Shopping Center in the City of Muskego, hereinafter referred to as "Owner": and WHEREAS, the City of Muskego, hereinafter referred to as "City", with the permission of said Owner has conducted and wishes to conduct a recycling program on the Owner's property commonly known as Parkland Mall; and WHEREAS, the City has agreed to indemnify the Owner for any claims growing out of the City conducting such a recycling program on said property. NOW, THEREFORE, for valuable consideration acknowledged by the parties to this agreement, it is agreed as follows: 1. That the City agrees to indemnify and hold harmless the Owner against and in respect of, any and all damages, claims, losses, liabilities and expenses, including, without limitation, all reasonable legal expenses which may be imposed upon or asserted or incurred by said Owner arising out of or in connection with the City's operation of the recycling program stated above on said property subsequent to the date of the execution of this agreement. 2. As further consideration, the City agrees to accept tender of defense and to defend and pay any and all reasonable costs and related expenses to the defense of any claim asserted or imposed upon the Owner relating to the City's operation of a recycling program at said property. 3. Either party hereto may terminate this agreement upon 30 days prior written notice to the other party as to any occurrence occurring after said termination. Dated this day of , 1990. CITY OF MUSKEG0 By: Owner Wayne G. Salentine, Mayor By: Owner Jean K, Marenda, Clerk