Town Board Meeting — Agenda packet

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Agreement”) is made and entered into as of the date executed by all Parties below (the “Effective Date”), by and between Stephen and Rosalie Park and the Stephen and Rosalie Park Living Trust (collectively, “Park”) and the Town of Rome and the Town of Rome Board of Appeals (collectively, the “Town”). Park and the Town may be referred to herein individually as “Party” and collectively as the “Parties”. WHEREAS, Park owns a property on Lake Camelot, in the Town, located at 371 Abington Court, Nekoosa, WI 54457 (the “Property”); WHEREAS, on October 15, 2024, Park applied to the Town for a building permit , to construct a new home on the Property; WHEREAS, on October 23, 2024, the Town issued the building permit to Park, and thereafter Park commenced construction on their home; WHEREAS, on May 19, 2025, the Town issued a Stop Work Order to Park based on the proximity of the home to the Lake Camelot waterfront; WHEREAS, Park applied to the Town for a variance from the waterfront setback requirement; WHEREAS, on November 3, 2025, the Town denied Park’s variance application; WHEREAS, Park initiated a lawsuit against the Town , challenging the Town’s enforcement of the waterfront setback as applied to the Property, which is currently pending in Adams County Circuit Court, Case File No. 25-CV-192 (the “Lawsuit”); WHEREAS, the Parties desire to enter this Agreement to settle fully and finally certain matters between them and to avoid further costs of litigation; NOW, THEREFORE, in consideration of the mutual promises made herein by the Parties, and for other good and valuable consideration, the receipt of which is acknowledged by each Party hereto, the Parties state and agree as follows: 1. Recitals. The recitals set forth above are fully incorporated into the terms of this Agreement. 2. Consideration. In exchange for Park’s execution of this Settlement Agreement and Release and dismissal of the Lawsuit, the Town agrees to: (1) Rescind the Stop Work Order issued on May 19, 2025, regarding the home on the Property; (2) allow Park to complete construction of the home on the Property and issue a certificate of occupancy upon completion of the home and any required inspections related thereto; and (3) not take any enforcement action regarding Park’s home related to a 100-foot setback from the waterfront of Lake Camelot. 1 2 3. Dismissal of the Lawsuit. Park agrees to enter a Stipulation for Dismissal of the Lawsuit, with prejudice, without the award of costs and/or attorney’s fees to any Party, after this Agreement has been fully executed by all Parties and the Town has rescinded the Stop Work Order described in Paragraph 2. 4. Stay of Proceedings. Until such time as the Parties enter and submit a Stipulation for Dismissal of the Lawsuit and the Lawsuit is dismissed by the Court, the Parties agree that all deadlines in the proceeding are stayed. 5. Park’s Release of Claims. As a material inducement to the Town to enter into this Agreement, Park, on behalf of themselves, their heirs, successors, and assigns , hereby irrevocably and unconditionally release, acquit, and forever discharge the Town, its current and former elected officials, Board of Appeals, officers, employees, agents, representatives, attorneys, insurers (including EMC Insurance Company), successors, and assigns from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses, including attorneys’ fees and costs actually incurred, of any nature whatsoever, known or unknown, suspected or unsuspected, asserted in the Lawsuit through the Effective Date of this Agreement. 6. No Representation as to Third Party Claims Against Park . As part of this Agreement, the Town agrees that the 100-foot waterfront setback articulated in Section 360-63C of the Town’s Zoning Ordinance will not be enforced by the Town regarding the Property and only the 75-foot shoreland setback in § 396-8.B.(1) of the Adams County Code shall be enforced against the home at the Property related to the Lawsuit and this Agreement . However, third parties may have claims or may take enforcement action against Park related to a 100-foot setback to the extent they have an independent right to enforce a 100-foot setback. If in the case that a third party makes a claim against Park related to the waterfront setback of the Park home , Park agrees not to assert any claims against the Town, including claims for damages or for other relief, in said lawsuit; Park agrees that it will only name the Town in any third -party lawsuit related to the waterfront setback of the Park home to the extent the Town is an indispensable party for obtaining a final disposition of said lawsuit. 7. No Admission of Liability or Fault . The Parties agree that this Agreement is a compromise and settlement of complex and disputed claims and that neither the execution of this Agreement nor the performance of any obligations hereunder is to be deemed an admission of liability. 8. No Inducement to Sign. The Parties warrant and represent, each to the other, that no promise or inducement has been offered or made except as herein set forth, and that this Agreement is executed without reliance upon any statement or representation by any other party or his or her agent. 9. No Assignment of Claims. Each Party represents and warrants that they have not assigned, encumbered, or transferred any claim or cause of action they may have against any other Party. 2 3 10. Governing Law . The Parties agree that this Agreement shall be governed and interpreted by the laws of the State of Wisconsin. Any action regarding this Agreement shall be commenced in a state court of competent jurisdiction in Wisconsin. 11. Binding Effect and Integration ; Successors and Assigns . This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements by the Parties, either written or oral. This Agreement may be amended only by a written instrument designated as an amendment to this Agreement and executed by the Parties or their successors. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, assi gns, trustees, beneficiaries, and transferees, including any future owner of the Property. 12. Joint Negotiation. This Agreement shall be considered for all purposes as prepared through the joint efforts of the Parties and shall not be construed against one Party as a result of the preparation, submission, or other event of negotiation, drafting, or execution. Each Party has been represented by counsel throughout the negotiation of the Agreement. 13. Signature by Counterparts . This Agreement may be signed in multiple counterparts, with all counterparts forming but one Agreement. Signature by a Party and transmission of the same by facsimile or electronic mail shall be binding upon the Party whose signature is so transmitted, regardless of whether or not an original, signed copy of this Agreement is ever delivered. 14. Cooperation. The Parties agree to cooperate fully and execute any and all documents which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, specifically including a Stipulation of Dismissal of the Lawsuit, with prejudice and without costs to any Party, and the Town rescinding the Stop Work Order, allowing Park to complete construction of the home on the Property and issue a certificate of occupancy upon completion of the home and any required inspections related thereto, and the Town not taking any enforcement action regarding Park’s home related to a 100-foot setback from the waterfront of Lake Camelot. 15. Severability. Should any provision of this Agreement be determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the other provisions of the Agreement, which shall remain in full force and effect. [Signatures Page Follows] 3 4 AGREED TO AND ACCEPTED BY: _________________________ _______________________________ Date Stephen Park _________________________ ________________________________ Date Rosalie Park _________________________ ________________________________ Date Stephen and Rosalie Park Living Trust By:____________________________ Its:____________________________ TOWN OF ROME _________________________ ________________________________ Date Carl Hasdal, Town Board Chair Attest: __________________________ _________________________________ Date Wendy Newsom, Town Clerk TOWN OF ROME BOARD OF APPEALS _________________________ ________________________________ Date David Newsom, Chair Attest: __________________________ _________________________________ Date Wendy Newsom, Town Clerk 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46