HomeMy WebLinkAboutSettlement/Mutual Release Glomstead 400 Fox Fire Dr. 20091
SETTLEMENT AND MUTUAL RELEASE
In return for the consideration described herein, and in full satisfaction of all claims by
each party, Mark T. Glomstead and Tammie H. Glomtead (collectively, "Applicant "), and the
City of Oshkosh ( "City "), collectively "the parties," agree to the following terms of settlement
and mutual release.
On or around May 22, 2009 Mark and Tammie Glomstead applied for and received a
Plumbing Permit from the City of Oshkosh's Department of Inspections Services for the purpose
of installing a sprinkler system in their yard around their residence at 400 Fox Fire Drive,
Oshkosh, Wisconsin. The Plumbing Permit application process in this instance involved
misunderstandings on the part of each party involved.
The Applicant submitted, among other information, a map indicating the water connection to the
City water main as well as the layout of the sprinkler system. The Applicant therefore believed
that all of the information, including the layout of the sprinkler system, was being reviewed by
the City.
Upon receipt of the sprinkler system application, the City's plumbing inspector reviewed the
information only in relation to the connection to the City water system and the existence of a
backflow device and approved a permit based upon that review. At the time of the application
review, it was not the City's practice to have plumbing inspectors review site plans for sprinkler
systems. The City's Plumbing Inspector believed that the applicant would ensure that all other
non - plumbing issues would be addressed by the Applicant.
As a result of the misunderstandings of the parties during the application process, the Applicant
began installing the sprinkler system according to the site plan submitted to the City with the
Plumbing Permit application. As a result, the sprinkler system was installed, in part, in the
City's street right of way and the applicant was advised by a City Department other than the
Inspection Services Department that the sprinkler system could not remain in the right of way
without a "Privilege in the Street" approval by the Common Council.
As a result of the above actions, a dispute has arisen between the parties.
The Applicant believes that the City is at fault because by issuing the Plumbing
Permit after a site plan was submitted, the City approved the layout of the sprinkler
system. Alternatively, the Applicant believes that the Plumbing Inspector had a duty
to advise them that the site plan as submitted may violate other Codes or rules.
The City believes that the Plumbing Permit was accurately issued because by their
nature they only pertain to the actual connection to the City's water system, and that
the City's Inspections Department cannot be responsible for ensuring all non -
plumbing codes and rules are being followed.
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Both parties acknowledge that the dispute as described in this document is in summary form
only, and both parties further acknowledge that all claims, defenses, and factual assertions
between them are not identified herein but nevertheless are included within the parties'
settlement and mutual release.
THEREFORE, because each party wishes to avoid the cost and expense of litigation
related to this dispute, each agrees to the terms herein for the purpose of resolving all
disputes, and releasing the other from all other claims related to the sale of the real property.
Sufficient consideration has been received by each party, including the following specific
terms as well as all terms identified in this Agreement:
1. The City of Oshkosh shall pay to Mark T. Glomstead and Tammie H.
Glomstead the total amount of $1,000.00. This is a lump sum settlement to
include all damages believed to have been incurred, including but not limited
to equipment, labor, and inconvenience.
2. Mark T. Glomstead and Tammie H. Glomstead shall remove all
sprinkler /irrigation supplies, materials, and equipment from the City of
Oshkosh right of way, shall return such areas to their condition prior to the
initiation of this project, and agree that no sprinkler /irrigation system shall be
installed in any City right of way at 400 Fox Fire Drive at any time in the
future without all necessary compliance with Codes and rules.
3. Each party releases the other from all claims against the other related to this
issuance of a plumbing permit on May 22, 2009 and the installation of a
sprinkler /irrigation system shortly thereafter.
4. Each party agrees that they will not institute any suit or action in law or equity
against the other for any reason it may have relating to the issuance of the
plumbing permit on May 22, 2009, the installation of a sprinkler /irrigation
system, and the removal of all sprinkler /irrigation supplies, equipment, and
materials from the City right of way at 400 Fox Fire Drive, provided that the
City pays the consideration identified herein and complies with all other terms
of this Agreement, and the Applicant complies with all other terms of this
agreement, including but not limited to paragraph numbered 2.
This Settlement and Mutual Release not only applies to the parties identified
herein, but also to their respective representatives, agents, employees, spouses, personal
representatives, heirs, and successors in interest. The signing of this release does not
constitute an admission of wrongdoing or liability by any party hereto.
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This Agreement shall be construed and interpreted in accordance with the laws of
the State of Wisconsin. Any dispute relating to this Agreement or the interpretation
thereof shall have a venue of Winnebago County Circuit Court. In the event a court of
competent jurisdiction determines that any part of this agreement is unenforceable, the
unenforceable term(s) shall be severed from the agreement and the remaining terms shall
remain in effect.
Facsimile of this document and signatures thereon shall be treated in all respects
as originals.
Dated this
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1 day of July, 2009.
Dated this day of July, 2009
Mark T. Glomstead
Tammie H. Glomstead
CITY OF OSHKOSH
By : i.> ---
Mark A. Rohloff, City Manager
Pamela Ubrig, City
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