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CCR1999102COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #102-99 SETTLEMENT OF BOXHORN/RYAN/GROVEWAY SEWER PROJECT LITIGATION WHEREAS, The City of Muskego is a defendant, counterclaiming plaintiff and third-party plaintiff in a lawsuit pending in Waukesha County Circuit Court. The lawsuit is entitled Gustafson Construction Corporation v. City of Muskego, et al., Case No. 98-CV-139. The case is scheduled for a jury trial on July 13, 1999; and WHEREAS, The lawsuit involves Gustafson’s claims against the City relating to its contract for the installation of the BoxhomRyadGroveway sewer and the City’s claims against Gustafson and its bonding company for problems relating to the performance and completion of that contract: and WHEREAS, The City, Gustafson and the bonding company participated in mediation pursuant to the Court’s scheduling order; and WHEREAS, As a result of the mediation process, the mediator has recommended a settlement as being fair under which Muskego would pay Gustafson $272,000.00 in full and final settlement of the BoxhodRyadGroveway contract. This settlement includes allowances for the City to repair the sewers which are leaking and complete the restoratiodlandscaping work which remains to finalize the contract. The settlement also includes a consideration of the non-conforming backfill installed at the job site. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the mediator, does hereby approve the proposed settlement with Gustafson and its bonding company under which the City of Muskego will pay to Gustafson the sum of $272,000 in return for a full release of all claims and a dismissal of the lawsuit. BE IT FURTHER RESOLVED That the City will release all of its claims against Gustafson and the bonding company, dismissing its counterclaims and third-party complaint. DATED THIS 8th DAY OF JUNE, 1999. SPONSORED BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #I 02-99 which was adopted by the Common Council of the City of Muskego. 6199jep