CCR1998044AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #44-98
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND LITTLE MUSKEGO LAKE PROTECTION
AND REHABILITATION DISTRICT
I BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached
Agreement between the Little Muskego Lake Protection and Rehabilitation District and
! the City of Muskego to pay the City for certain damages to roads allegedly caused by
i
i construction project of the Lake District known as Jewel Crest Dredging Project in 1996. I I
~ BE IT FURTHER RESOLVED That the Mayor is authorized the sign the Agreement and
Mutual Release in the name of the City.
BE IT FURTHER RESOLVED That the Mayor will insert dates in the Agreement in the
manner most advantageous and expeditious to the City.
0 DATED THIS 24'h DAY OF MARCH, 1998.
SPONSORED BY:
FINANCE COMMllTEE
Ald. Domonic D'Acquisto
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #44-98 which was
adopted by the Common Council of the City of Muskego
79-76
3/98jmb
AGREEMENT
WHEREAS, the LITTLE MUSKEGO LAKE PROTECTION AND REHABILITATION
DISTRICT, hereinafter referred to as "LAKE DISTRICT", and the
CITY OF MUSKEGO, hereinafter referred to as "CITY", are involved
in a dispute over responsibility to pay for certain damages to
certain CITY roads allegedly caused by a construction project of
the LAKE DISTRICT known as Jewel Crest Dredging Project, which
took place on or about 1996.
NOW, THEREFORE, for valuable consideration acknowledged by the
CITY and the LAKE DISTRICT, they each agree as follows:
1. They shall each forthwith execute the Mutual Release
agreement attached hereto and made a part hereof.
2. On or before the
LAKE DISTRICT shall pay to the CITY Thirteen Thousand
day of , 1998, the
($13,000) Dollars as its contribution towards road
repair costs growing out of this project in the amount
of Twenty-Six Thousand One Hundred and 12/100
($26,100.12) Dollars.
3. The undersigned LAKE DISTRICT and CITY officials
represent that they are duly authorized by each
respective entity to enter this agreement on behalf of
said entity.
4. That unless this Agreement and both Mutual Releases are
fully executed and returned to the CITY on or before
the
Thirteen Thousand ($13,000) Dollars received from WRR
day of , 1998, and the sum of
date, this Agreement may be declared null and void at
Environmental Services Co., Inc. on or before said
the option of either party.
AND REHABILITATION DISTRICT
LITTLE MUSKEGO LAKE PROTECTION CITY OF MUSKEGO
By : By :
David L. De Angelis, Mayor
Dated: Dated:
MUTUAL RELEASE
SERVICES CO., INC., hereinafter referred to as "WRR.", and the
The parties to this Mutual Release, WRR ENVIRONMENTAL
CITY OF MUSKEGO, hereinafter referred to as "CITY, having
potential claims, one against the other, arising out of a
construction project of the Little Muskego Lake Protection and
which took place on or about 1996; and
Rehabilitation District known as Jewel Crest Dredging Project,
The parties having resolved any and all issues arising out
of any claims that one may have against the other up to the date
of this Mutual Release growing out of a construction project of
the Little Muskego Lake Protection and Rehabilitation District
known as Jewel Crest Dredging Project, which took place on or
about 1996.
In the interests of resolving said disputes, the parties
agree as follows:
($13,000) Dollars to the CITY in full and final settlement of any
WRR forthwith agrees to pay the sum of Thirteen Thousand
whatsoever to the date of this Mutual Release growing out of a
and all claims which CITY may have against WRR of any nature
construction project of the Little Muskego Lake Protection and
Rehabilitation District known as Jewel Crest Dredsins Proiect, - 0 which took place on or about 1996 -
This Mutual Release constitutes a general release, and each
party hereby releases, quits and forever discharges the other and
their heirs, executors and assigns of and from any and all
actions, causes of action, claims, demands, damages, costs or
expenses on account of or in any way growing out of any and all
known and unknown claims one may have against the other for any
reason to the date of this Mutual Release growing out of a
construction project of the Little Muskego Lake Protection and
Rehabilitation District known as Jewel Crest Dredging Project,
which took place on or about 1996.
WRR ENVIRONMENTAL SERVICES CITY OF MUSKEG0
CO., INC.
By : By :
David L. De Angelis, Mayor
Dated: Dated:
MUTUAL RELEASE
The parties to this Mutual Release, LITTLE MUSKEGO LAKE
PROTECTION AND REHABILITATION DISTRICT, hereinafter referred to
as "LAKE DISTRICT", and WRR ENVIRONMENTAL SERVICES CO., INC.,
hereinafter referred to as "WRR", having potential claims, one
against the other, arising out of a construction project of the
LAKE DISTRICT known as Jewel Crest Dredging Project, which took
place on or about 1996; and
The parties having resolved any and all issues arising out
of any claims that one may have against the other up to the date
of this Mutual Release growing out of a construction project of
the LAKE DISTRICT known as Jewel Crest Dredging Project, which
took place on or about 1996.
agree as follows:
In the interests of resolving said disputes, the parties
party hereby releases, quits and forever discharges the other and
their heirs, executors and assigns of and from any and all
actions, causes of action, claims, demands, damages, costs or
expenses on account of or in any way growing out of any and all
known and unknown claims one may have against the other for any
reason to the date of this Mutual Release growing out of a
Dredging Project, which took place on or about 1996. construction project of the LAKE DISTRICT known as Jewel Crest
This Mutual Release constitutes a general release, and each
AND REHABILITATION DISTRICT
LITTLE MUSKEG0 LAKE PROTECTION WRR ENVIRONMENTAL SERVICES
CO., INC.
By : By:
Dated: Dated: