Loading...
CCR1983076RESOLUTION #76-83 APPROVAL OF AGREEMENT RELATING TO RELEASE OF ESCROW FUNDS TO THE MUSKEGO LAKE RECLAMATION CHARITABLE TRUST OR ITS DESIGNEE WHEREAS, Resolution t59-83, entitled, Resolution Authorizing Release of Escrow Funds to the Muskego Lake Reclamation Charitable Trust or its Designee, was deferred from the Common Council meeting of March 8, 1983, to give the City Attorney time to work out an agreement with the Trustees of the Muskego Lake Reclamation Charitable Trust, Inc., and WHEREAS, the proposed agreement was reviewed by the Finance Committee, and WHEREAS, the agreement has been referred to the Common Council without recommendation, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve of the attached agreement between the Muskego Lake Reclamation, Inc. Trustees, the City of Muskego and the Little Muskego Lake Association, Inc. BE IT FURTHER RESOLVED the Mayor and Clerk are authorized to execute the agreement in the name of the city. DATED THIS DAY OF , 1983. FINANCE COMMITTEE Ald. Robert Klenz Ald. Mitchel Penovich Ald. Edwin P. Dunke ATTEST: City Clerk AC.SEE?IENT I UHEREAS, (1 trust entitled the Trust of Xuskego Lake f; Reclamation, Inc., hereinafter referred to as "Trust", was +stablished pursu3nt to a Declaration of Trust Of the Nuskego Lake clamation, Inc., which represents that it is a non-profit sconsin corporation, a copy o€ which is attached hereto, made a p~rt hereof and marked Exhibit "A", and !JHEREAS, by virtue OF a Resolution of the Common Council of the City o€ Xuskego, hzreinJEter re€erred to as "City", a copy of vhich is attached hereto, made a part hereof and narksd Exhibit "B", the City has control o€ said trust funds, and VHEREAS, the Littlz !ruskego Lake Association, Inc., herein3fter - referred to as Associ3tion", which represents it is a non-profit !disconsin corporation, -lay claim some interest in said monies, and I* !JHEREAS, the Little Xuskego Lake Protection and Rehabilitation District, hereinafter referred to as "District", d municipal corporation, nay clain sone interest in said monies. and ~ -. 4 WHEREAS, the parcies vish to clarify their rights and esponsibilities, and 6 WHEREAS, the Trust hereby represents that Ronald Ford, Wayne Kadtke and Ned Bechthold are presently the trustees of said Trust and have complete power to act for said Trust, NOW, THEREFORE, €or valuable consideration acknovledged by each party, it is agreed as follows: 1. The Trust represents that it is legally entitled to all of the funds now being held by the City in Account NO. in the amount as of the day of , 1983 of entitled $ . 2. That all funds of ,;id Trust shall be forthwith transferred to RonaId Ford, Wayne Ridtke and Ned Bechthold 6s trustees of the .dHuskego Lake Reclamation Chiritable Trust of Huskego Lake qeclam3tiot1, Knc. 6s soon is State a'nd Federal grant funds are received by the District a3d paid to the City in paym’nt o€ debts to the City and any other debt o€ the District to che City is paid in €ull. 3. responsi Trust. 4. sever3 11 asents, ThJt the City shall have no €urther rights or bilities as to said Trust upon payment oE the Funds to the That the Trust and the Association shall jointly and . y indemnify and hold hscmless the City and its oEEicers, andlor employees €or any claim by any one against the City, - its o€€icers, agents, and/or employees €or any past or Eucure act 3s to said trust €und and/or the release o€ said €unds to the Trust. Th3t the City shall prornptly in€ocm the Trust and the Association of any claim ;lade under this paragraph and the Trust and/or the Association jointly and severally shall at its expense provide the City and/or its oEEicers, agents, and enployees with a €1.111 defense (by attorneys approved by the City) to any such claims including but not limited to payment OE any costs, attorneys Eees, and similar expenses, and shall pay any and all daaages incurred by the City. The Trust shall hold all o€ said trust funds and not use the same €or a period oE at least 6 w-5 year(s) after the payzent oE the money to the Trust. -. I e 5. The District hereby agrees that it has no claim or interest in the trust funds in question. 6. This agreement will take e€Eect on or after the following: The Trust, Association and District approve and execute this agreement on oc before the day of , m3. If this does not occur before said date, this agreement is null and void. 7. The covenants, conditions and agreements contained in this agreement ohall be bindiog upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, 1. -2- . s~ccessors and assigns. Dated this day of * 1983. .HUSSECO LAKE RECLAXATL0.V. INC. CLTY OF XUSKEGO a: - By: Wayne Radtke, Trustee Wayne G. Salentine, .Hayor - By: By: Ronald Ford, Trustee Charlotte Stevarc, Clerk By : Ned Bechthold, Trustee LITTLE XUSKEGO LAKE ASSOCIATION, LITTLE YUSKEGO LAKE PROTECTLON INC. 6 REHABILLTATLON DLSTRLCT President By : Wayne Radcke, Chairman By : By: Secretary . .. .