CCR1997213COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #213-97
RESOLUTION APPROVING SETTLEMENT AS TO
CLAIM OF WIND LAKE MANAGEMENT DISTRICT
(Kathy Aron, Frank Godec, Eileen Godec)
WHEREAS, it appears that the City of Muskego and the Claimants mentioned above
have reached a settlement as to this Claim.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk-Treasurer, in
consultation with the City Attorney, are authorized to execute any and all documents
necessary to effectuate the following settlement:
1 The City will dismiss with prejudice citations pending against Wind Lake
2. The City will pay to the Wind Lake Management District the total sum of $2,200.
3. The Claimants will execute the Release, a copy of which is attached hereto and
Management District.
made a part hereof.
DATED THIS 23rd DAY OF SEPTEMBER, 1997
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #213-97 which was
adopted by the Common Council of the City of Muskego.
8/97jmb
RELEASE
FOR THE SOLE CONSIDEFihTION OF TWO THOUSAND TWO HUNDRED ($2,200)
DOLLARS AND OTHER VALUABLE CONSIDERATION, the receipt of which is
hereby acknowledged, we hereby fully and forever release and
discharge the CITY OF MUSKEG0 and the BIG MUSKEG3 LAKE PROTECTION
AND REHABILITATION DISTRICT, their agents, employees, independent
contractors, heirs, admiaistrators, executors, successors and
assigns from all claims, demands, damages, actions, rights of
acr;ion of whatever kind or nature which we now have or may
hereafter have arising xt of, in consequence of or on account of
eny and ail damages and injuries of any nature whatsoever relatcd
to the incidents descrilaed in the 6o-Day Notice of Intent to Sue
dated December 3, 1994 ,and Notice of Circumstances of Claim and
Claim dated September 3, 1996, a copy of each are attached. In
acceptizg said sum, we ':ereby reiease and discharge that
fraction, portior. or pe:rcentage of the total cause of action of
claim for damages we now have or may hereafter possess against a11 parties responsible for our damages which shall by trial or
other disposition, be dlltermined to be the sum of the fractions,
portions or percentages of causal negligence for which the
parties herein released are found to be liable to us as a
consequence of the above incident.
We hereby accept said sum as a compromise and settlement of all
whether the above named partios are liable to us or not, and also
claims on account of the dispute between the parties hereto as to
by us.
as to the nature, extent. and permanency of the damages sustained
We agree that in making this release, we are relying on our own
judgment, belief and knc,wledge as to all phases of our claims and
any of the persons'hereby released or anyone rcpresenting them.
that we axe not relying on representations or statements made by
We agree that the payment of the above sum is not to be construed
as an admission of any liability whatsoever by or on behalf of
the above named parties, by whom liability is expressly denied.
We further agree that any claim of whatever kind or nature the
above named parties might have or hereafter have growing out of
the above incidect, is hereby expressly reserved to them.
This release is intended to release only the parties specifically
named. The undersigned zxpessly reserve the balance of the
whole cause of action or any other claim of whatever kind or
nature not released here'by which we may have or hereafter have
describsd above
against any other pereon or persons arising out of the incident
As a further consideratian, we the undersigned, agree to
indemnify said. parties r,+leased and save them hamless from anv
claims for contribution made by others so adjudged jointly lia6le
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with said parties released, and the undersigned agrees to satisfy
any judgment which may be rendered in favor of the undersigned,
satisfying such fraction, portion or percentage of the judgment
as the causal negligence of the parties ralsased is adjudged to
be of all causal negligence of all adjudged tort-feasors. In the
event the undersigned fails to immediately satisfy any such
judgment to the sxtent of the fraction, portion or percentage of
undersigned hereby consents and agrees tharr upon filing a z~py of
the negligence as found against the parties released, the
by rrhe court in which said judgment is entered directing the
this agreement, without further notice, an order may be entered
Clerk thereof to satisfy said judgment to the extent of such
fraction, portion or percentage of the negligence as found
against the parties rellased and discharged under this release
t WYI.; i3 la& . LL, se~, I - , this day , 1997.
WIND LAKE MANAGEMENT DISTRICT,
a Wisconsin Lake and Rehabilitation
District, a Municipal Corporation
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