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CCR1998040COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #40-98 RESOLUTION APPROVING SETTLEMENT AGREEMENT CITY OF MUSKEG0 - TOWN OF NORWAY SANITARY DISTRICT #l WHEREAS, the City of Muskego and Sanitary District #I of the Town of Norway are involved in litigation concerning the interpretation of a certain contract between the City and the Sanitary District dated April 6, 1978, concerning the District supplying certain sewer services to certain areas of the City of Muskego, and WHEREAS, said parties are interested in resolving said dispute. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego hereby approves of the attached settlement agreement and authorizes the Mayor and City Clerk to execute the same and to take any other reasonable necessary steps to conclude said dispute. DATED THIS 24TH DAY OF MARCH, 1998. SPONSORED BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #40-98 which was adopted by the Common Council of the City of Muskego. 3l98jmb ?83/23/1999 14:17 4145499211 2 . ARENZ MOLTER MAW PAGE 01 WHEREAS, the Sanitary Department No. 1 of the Town of Norway, hereinafter referred to as "City", entered into an Agreement on hereinafter referred to as the "District", and the City of Muskego, April 6, 1978 by the terms of which the District agreed to furnish a limited amount of sanitary sewer service to a limited area within District syetem subject to certain terms and conditions: and the City and further agreed to permit additional connections to the WEEREAS, the City presently has 365 residential unit equivalents which are served by the District's system; and WHEREAS, the City brought suit against the District in Waukesha County Circuit Court on or about June 11, 1997, as Case No. 97CV1277, challenging the District's interpretation of the gallonage limitation contained in the aforementioned agreement} and WHEREAS, the City and the District desire to avoid the time and expense of protracted litigation and to avoid further litigation, which is now pending or which may be brought in the future, and further desire to settle and compromise the dispute regarding the gallonage limitation contained in the aforementioned agreement, e NOW, therefore, for good and valuable consideration, the parties agree as follows: agreed between the City and the District that in addition to the present 365 residential unit equivalents there are an additional 70 reeidential unit equivalents which are committed to being served by the District syatem, for a total of 435, consisting of the following: 1. -ConnectianB, c It is therefore recognized and a. It is recognized and agreed that the Muskego Middle School presently under construction shall be connected to the unit equivalents of service by the District. District syatem and when completed shall congtitute 30 residential b. It is further recognized and agreed that an available from the District to service those properties within the additional 40 residential unit equivalents of service shall be City which presently abut on sewer mains serviced by the District but which have not yet been connected to sewer mains. City shall limit the total number of residential unit equivalenta which is inclusive of the 435 residential equivalent to units and the DiStrict'6 obligation to service shall not exceed 540, 2. MConnectiana. It is further agreed that the '?3/23/1998 14: 17 4145489211 ARENZ MOLTER MACY PAGE 02 described in paragraph 1 above. The City further agrees that it connections to the District system which shall exceed 20 shall not request nor shall it be granted permission to make after January 1, 1998, exclusive of the 70 residential equivalent residential equivalent units in any calendar year commencing on or units described in paragraphs la and lb above, until such time as the parties negotiate and execute a new Agreement or until the paragraphs la and lb, totale 540, whichever occurs first. total number of residential unit equivalents, including the 70 in 3. pismiaaa1 of Lamuit. It is further understood and agreed that upon execution of this Settlement Agreement, the parties authorize their respective attorneys to cause the dismissal on ia merits of the afore-described lawsuit pending in Waukesha County Circuit Court without coats to any party. Settlement Agreement, neither the City nor the Dietrict is relying 4. No Reliance on Repreaentations. In executing this upon any statement or representation made by or on behalf of the other party above named. 5. No Admiasion of Liabilitv. Nothing contained in this party or the other is correct in the interpretation of the April 6, Settlement Agreement shall be construed as an admission that one Settlement Agreement is a compromise settlement. 1978 agreement above mentioned, it being understood that this 0 6. Joint Partlcibation in Preparation of Aareement. The parties hereto participated jointly in the preparation and negotiation of thie Agreement, and each party has had the opportunity to obtain the advice of legal counsel and to review, comment upon and redraft thie Agreement. Accordingly, it is agreed that no rule of construction shall apply against any party in favor of the other party. This Agreement shall be construed as if the parties jointly prepared this Agreement, and any uncertainty or ambiguity ahall not be interpreted against any one party and in favor of the other. 7. Severability. If any of the provieions of this Agreement are rendered invalid by a Court or government agency of competent jurisdiction, it is agreed that such holding shall not in any way Agreement which shall remain govern the validity and interpretation or manner affect the enforceability of the other provisions of this of this Agreement. 8. Scope of Aareement. The parties hereby affirm and acknowledge that they read the foregoing Agreement, and that they with a counsel or attorney of their choice, and that they fully have had sufficient time and opportunity to review or discuss it understand and appreciate the meaning of each of its terms, and that it is a full, voluntary and final compromise, and settlement with respect to the City's claim, all of which more particularly appears in the pleadings and papers on file in Waukesha County Circuit Court Case No. 97CV1277. The parties to this Agreement 83/23/1998 14: 17 4145489211 ARENZ MOLTER MACY PAGE 03 subsequent proceeding in which any of the parties allege breach of represent that thin Agreement may be used as evidence in a this Agreement or seek to enforce its terms, provisione, or obligations. No promise or agreement made eubsequent to the execution of this Agreement by these partiee ahall be binding unless reduced to writing and signed by these parties or their authorized representatives. CITY OF MUSKEGO Attest: Date By 8 Norman Schultz, President Attest: Ronald Drenzek, Secretary