CCR1995149COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION # 149 -95
AS TO CLAIM OF THOMAS J. & HELEN M. LUDWIG
RESOLUTION APPROVING SETTLEMENT
(Kimberly Estates Subdivision)
WHEREAS, a Notice of Claim and Claim dated April 4, 1995 was
plan and elevation of Lot No. 20 and No. 21 of the Kimberly
filed against the City of Muskego concerning the master grading
Estates Subdivision as further set forth in said Claim; and
WHEREAS, the City has been negotiati.ng a settlement of this
Claim; and
WHEREAS, the claimants are willing to give the City a full and
final release in settlement of this matter for the payment of
$6,000 plus a variance to the elevation of Lot No. 20 to a
minimum elevation of 887.5 .
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby approve the settlement outlined above
and authorize the Mayor and City Attorney to proceed to finalize
the same.
SPONSORED BY:
David L. De Angelis, Mayor
DATED THIS 25TH DAY OF JULY, 1995.
This is to certify that this is a true and accurate copy of Resolution
#149-95 which was adopted by the Common Council of the City of Muskego.
RELEASE AND INDEMNITY AGREEMENT
The undersigned claimants, THOMAS 5. LUDWIG & HELEN M.
LUDWIG, (hereinafter "Claimant") for and in consideration of SIX
THOUSAND AND N0/100 ($6,000.00) DOLLARS, the receipt of which is
hereby acknowledged, and revisioc of the master grading plan for
Kimberly Estates Subdivision as to Lot No 20 to have a minimum
elevation of 887.5 , do hereby RELEASE. ACQUIT AND FOREVER
DISCHARGE the CITY OF MUSKEGO, its employees, agents, servants,
heirs, executors, administrators, firms, corporation, successors
and assigns (hereinafter "Releasor") of and from any and all
liability it now has or may hereafter have, on account of or
arising out of damage to person or property, or impairment of or
damage to any right, including loss of time, loss of services or
society, or other damage sustained by or accruing as the result
of the setting of the elevation of Lots No 20 and No. 21 of
Kimberly Estates Subdivision ir. the City of Muskego as in part
set forth in the Notice of Claim and Claim of Thomas J. Ludwig &
Helen M Ludwig against the City of Muskego dated April 4, 1995.
For said consideration, claimant warrants that no promise or
agreement not herein expressed has been made, that this release
made by Releasor; that the above-mentioned sole consideration is
is not executed in reliance upon any statement or representation
of all the aforesaid claims and demands including all
accepted in full compromise, settlement, accord and satisfaction
consequences thereof which may hereafter develop as well as those
already developed or now apparent; this release shall not operate
as a bar, waiver or estoppel with respect to claims Releasor may
have against third parties; that this agreement is contractual
and not merely recital and all claims, if any, for attorneys
liens are included herein, and it is fully understood and agreed
that this agreement is in compromise and settlement of all claims
of every kind, and that said payment is not to be construed as
any admission of liability, all liability being expressly hereby
denied; and claimant warrants that claimant is over twenty-one
years of age and legally competent to execute this release, and
that before executing this release, claimant fully understands
the same and executed it with full kcowledge of its contents and
meaning.
Further, it is expressly uncierstood and warranted that
claimant hereby covenants to icdemnify and save harmless Releasor
from and against all claims and demands whatsoever on account of,
or in any way arising out of, said incident or its results.
Executed this day of , 1995
Witness Thomas J Ludwig
Witness Helen M. Ludwig