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CCR1999108COMMON COUNCIL -CITY OF MUSKEG0 0 RESOLUTION #108-99 RESOLUTION APPROVING SETTLEMENT OF POTENTIAL CLAIM OF GLEN UNOLD 8 LORI UNOLD (Champions Village Subdivision) WHEREAS, A potential claim was received by the City of Muskego concerning the elevation of Lot 61 of Champion Village Subdivision and related matters as set forth in more detail in a faxed document dated 5-17-99 and said events occurring on or about 5-14-99; and WHEREAS, The City has been negotiating a Settlement of this potential claim; and WHEREAS, The potential claimants are willing to give the City a full and final release in settlement of this matter for the payment of $607.00 which was reviewed and recommended by the Finance Committee; and NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the settlement outlined above and authorize the Mayor and City Attorney to proceed to finalize the same. DATEDTHIS 8th DAY OF June , 1999 SPONSORED BY. FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #108-99 which was adopted by the Common Council of the City of Muskego. a 0 RELEASE AND INDEMNITY AGREEMENT The undersigned potential claimants, GLEN UNOLD and LORI UNOLD, (hereinafter “Claimant”), being all the owners of Lot 61, Champions Village Subdivision, for and in consideration of SIX HUNDRED SEVEN AND NOll00 ($607.00) DOLLARS, the receipt of which is hereby acknowledged, do hereby RELEASE, ACQUIT AND FOREVER DISCHARGE the CITY OF MUSKEGO, its employees, agents, servants, heirs, executors, administrators, firms, corporations, successors and assigns (hereinafter “Releasor”) of and from any and all liability it now has or may hereafter have, on account of or arising out of damage to person or property, or impairment of or damage to any right, including loss of time, loss of services or society, or other damage sustained by actions of the City, its employees or agents growing out of the setting of the elevation of Lot 61 in Champions Village Subdivision in the City of Muskego and related matters as in part set forth in the Memo concerning potential claim dated 5-17- 99. For said consideration, claimant warrants that no promise or agreement not herein expressed has been made, that this release is not executed in reliance upon any statement or representation made by Releasor; that the above-mentioned sole consideration is accepted in full compromise, settlement, accord and satisfaction of all the aforesaid claims and demands including all consequences thereof which may hereafter develop as well as those already developed or now apparent; this release shall not operate as a bar, waiver or estoppel with respect to claims Releasor may have against third parties; that this agreement is contractual and not merely recital and all claims, if any, for attorneys liens are included herein, and it is fully understood and agreed that this agreement is in compromise and settlement of all claims of every kind, and that said payment is not to be construed as any admission of liability, all liability being expressly hereby denied; and claimant warrants that claimant is over twenty-one years of age and legally competent to execute this release, and that before executing this release , claimant fully understands the same and executed it with full knowledge of its contents and meaning. Further, it is expressly understood and warranted that claimant hereby covenants to indemnify and save harmless Releasor from and against all claims and demands whatsoever on account of, or in any way arising out of, said incident or its results. Executed this $9 dayofL , 1999. ltness &Bw Lori Unold RELEASE AND INDEMNITY AGREEMENT The undersigned potential claimants, GLEN UNOLD and LORI UNOLD, (hereinafter "Claimant"), being all the owners of Lot 61, Champions Village Subdivision, for and in consideration of SIX HUNDRED SEVEN AND NO1100 ($607.00) DOLLARS, the receipt of which is hereby acknowledged, do hereby RELEASE, ACQUIT AND FOREVER DISCHARGE the CITY OF MUSKEGO, its employees, agents, servants, heirs, executors, administrators, firms, corporations, successors and assigns (hereinafter "Releasor") of and from any and all liability it now has or may hereafter have, on account of or arising out of damage to person or property, or impairment of or damage to any right, including loss of time, loss of services or society, or other damage sustained by actions of the City, its employees or agents growing out of the setting of the elevation of Lot 61 in Champions Village Subdivision in the City of Muskego and related matters as in part set forth in the Memo concerning potential claim dated 5-17- 99. For said consideration, claimant warrants that no promise or agreement not herein expressed has been made, that this release is not executed in reliance upon any statement or representation made by Releasor; that the above-mentioned sole consideration is accepted in full compromise, settlement, accord and satisfaction of all the aforesaid claims and demands including all consequences thereof which may hereafter develop as well as those already developed or now apparent; this release shall not operate as a bar, waiver or estoppel with respect to claims Releasor may have against third parties; that this agreement is contractual and not merely recital and all claims, if any, for attorneys liens are included herein, and it is fully understood and agreed that this agreement is in compromise and settlement of all claims of every kind, and that said payment is not to be construed as any admission of liability, all liability being expressly hereby denied; and claimant warrants that claimant is over twenty-one years of age and legally competent to execute this release, and that before executing this release , claimant fully understands the same and executed it with full knowledge of its contents and meaning. Further. it is expressly understood and warranted that claimant hereby covenants to indemnify and save harmless Releasor from and against all claims and demands whatsoever on account of, or in any way arising out of, said incident or its results. Executed this day of , 1999. Witness Glen Unold Witness Lori Unold