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CCR1983115RESOLUTION #115-83 APPROVAL OF AGREEMENT RELATING TO RELEASE OF ESCROW FUNDS TO THE MUSKEG0 LAKE RECLAMATION CHARITABLE TRUST OR ITS DESIGNEE WHEREAS, Resolution #77-83, As Amended, entitled, Approval of Agreement Re‘lating to Release of Escrow Funds to the Muskego Lake Reclamation Charitable Trust or Its Designee, was adopted by the Common Council at its meeting held on April 12, 1983, and submitted his intent to veto Resolution #77-83, As Amended, to WHEREAS, on April 18, 19S3, the Mayor of the City of Muskego the City Clerk, and WHEREAS, the matter was once again discussed by the Finance Committee, and WHEREAS, the Finance Committee directed the City Attorney to the Common Council, and revise the agreement and recommended same to be submitted to WHEREAS, the revised agreement is attached hereto, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve of the attached agreement between the Muskego Lake Reclamation, Inc., Trustees, the City of Muskego, the Little Muskego Lake Association, Inc. and Little Muskego Lake Protection and Rehabilitation District. BE IT FURTHER RESOLVED the Mayor and Clerk are authorized to execute the agreement in the name of the City. DATED THIS &DAY OF 0 mJ),- j , 1983. FINANCE COMMITTEE Ald. Mitchel Penovich Ald. Edwin P. Dumke Ch-CAa COIL”- Ald. Charles Colburn ATTEST: City Clerk \ . . >=- AGREEPfENT WHEREAS, a trust entitled the Trust of Muskego Lake Reclamation, Inc., hereinafter referred to as "Trust", was established pursuant to a Declaration of Trust of the Muskego Lake Reclamation, Inc., which represents that it is a non-profit Wisconsin corporation, a copy of which is attached hereto, made a part hereof and marked Exhibit "A", and WHEREAS, by virtue of a Resolution of the Common Council of the City of Nuskego, hereinafter referred to as "City", a copy of which is attached hereto, made a part hereof and marked Exhibit "B", the City has control of said trust funds, and WHEREAS, the Little Muskego Lake Association, Inc., herein- after referred to as "Association", which represents it is a non- profit Wisconsin corporation, may claim some interest in said monies, and WHEREAS, the Little Muskego Lake Protection and Rehabilitation District, hereinafter referred to as "District", a municipal corporation, may claim some interest in said monies, and WHEREAS, the parties wish to clarify their rights and responsibilities, and WHEREAS, the Trust hereby represents that Ronald Ford, Wayne Radtke and Ned Bechthold are presently the trustees of said Trust and have complete power to act for said Trust, NOW, THEREFORE, for valuable consideration acknowledged 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. 02700107 at St. Francis Savings & Loan entitled Muskego Lake Reclamation in the amount as of the 12th day of April, 1983 of $156,750.04. 2. That all funds of said Trust shall be forthwith transferred to Ronald Ford, Wayne Radtke and Ned Bechthold as trustees of the Muskego Lake Reclamation Charitable Trust of Muskego Lake Reclamation, Inc. as State and Federal grant funds have been received by the District and paid to the City in payment of all ,- debts owed by the District to the City cxcept for approximately $12,000 3. responsi Trust . 4. several1 agents , which is owed for weed cutting equipment. That the City shall have no further rights or bilities as to said Trust upon payment of the funds to the That the Trust and the Association shall jointly and y indemnify and hold harmless the City and its officers, and/or employees for any claim by any one against the City, its officers, agents, and/or employees for any past or future act as to said trust fund and/or the release of said funds to the Trust. That the City shall promptly inform the Trust and the Association of any claim made under this paragraph and the Trust and/or the Association jointly and severally shall at its expense provide the City and/or its officers,agents, and employees with a full defense (by attorneys approved by the City) to any such claims including but not limited to payment of any costs, attorneys fees, and similar expenses, and shall pay any and all damages incurred by the City. The Trust shall hold all of said trust funds and not use the same for a period of at least one (1) year after the payment of the money to the Trust; furthermore, if the City shall notify the Trust within said one (1) year period that an audit or similar procedure has been commenced by a government agency concerning the Federal and/or State grants to the District, then the Trust shall hold all of said trust funds until such time as the audit or similar procedure has been completed and the results of said audit or similar procedure are that the grant was proper. If the results of said audit or similar procedure do not indicate that the grant was proper, then said fund shall not be released by the Trust without the prior written consent of the City. 5. The District hereby agrees that it has no claim or interest in the trust funds in question. e 6. This agreement will take effect on or after the following: The Trust, Association and District approve and execute this agree- ment on or before the 1st day of October, 1983. If this does not occur before said date, this agreement is null and void. -2- " . '\ y e 7. The c,ovenants, conditions and agreements contained in this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Dated this day of D 1983, MUSKEGO LAKE RECLAMATION, INC. By : Wayne Radtke, Trustee By : Ronald Ford, Trustee By : Ned Bechthold, Trustee LITTLE MUSKEGO LAKE ASSOCIATION, INC. By : President By : Secretary CITY OF MUSKEGO By : Wayne G. Salentine, Mayor By : Charlotte Stewart, Clerk LITTLE MUSKEGO LAKE PROTECTIO:; & REHABILITATION DISTRICT By : Wayne Radtke, Chairman By: J -3-