CCR1985120RESOLUTION //120-85
(As Amended)
AUTHORIZING APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEGO
AND LITTLE MUSKEGO LAKE ASSOCIATION
(Jewel Creek Drainage Project)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
Muskego and the Little Muskego Lake Association and authorized
approve the attached Agreement (As Amended) between the City of
the Mayor and Clerk to execute same in the name of the City.
DATED THIS 9th DAY OF July , 1985.
FINANCE COMMITTEE
Ald. Edwin E, Dumke
-
Ald. Ralph Tomczyk&
ATTEST:
City Clerk
jm
AGREEMENT
(As Amended)
WHEREAS, the City of Muskego, hereinafter referred to as "CITY",
hereinafter referred to as "ASSOCIATION", both wish to see
and the LITTLE MUSKEGO LAKE ASSOCIATION, a Wisconsin corporation,
certain improvements made to Jewel Creek; and
WHEREAS, the CITY is able to obtain certain government grants for
this purpose from the Federal and/or State Government; and
WHEREAS, the ASSOCIATION is willing to pay certain costs of the
improvements to Jewel Creek over and above the amounts actually
paid by grants stated above, with 50% of the costs incurred by
the City Attorney relative to this project to be included in the
City's retainer, and 50% of the costs to be the responsibility of
the Little Muskego Lake Association,
NOW, THEREFORE, for valuable consideration, acknowledged by each
party, it is agreed as follows:
1. That the CITY shall make a reasonable good faith effort to
obtain grants from the Federal and/or State Government to
Grant Application, and that it is contemplated that the CITY will
complete the project described in the Scenic Urban Waterways
obtain approximately $34,000.00, which is approximately 80% of
the anticipated project costs.
2. That the ASSOCIATION shall pay any and all other costs of
said project including but not limited to title expense, cost of
land acquisition and relocation, construction cost, engineering
fees, any litigation cost growing out of said project, etc. and
shall indemnify and hold the CITY harmless from any such costs
agreed that the CITY's liability insurance shall cover any
directly related to the cost of construction. It is mutually
liability claims which shall be both paid and defended by the
CITY'S insurer. However, the ASSOCIATION shall pay any costs of
protection has been exhausted.
defense and losses which might occur after the CITY'S insurance
3. That the ASSOCIATION shall within ten (10) days of the date
of execution of this Agreement by the last party, deposit into an
account of the CITY's choice and a bank of the CITY'S choice the
sum of TWENTY THOUSAND ($20,000) DOLLARS. That said account
shall be in the name of the CITY OF MUSKEGO and the CITY may
distribute funds from said account after review from the
City of Muskego has sole discretion as it deems appropriate to designated members of the Association. After advisement, the
pay any of the expenses, costs, etc. of the JEWEL CREEK SCENIC
URBAN WATERWAY PROJECT. That said account shall at all times
contain an amount that the CITY, in good faith, believes adequate
Agreement, but never less than FIVE THOUSAND ($5,000) DOLLARS and to pay all expenses, costs, damages, etc. stated in this
that the ASSOCIATION upon written demand by the CITY shall replenish said account. That the ASSOCIATION'S responsibility
for maintaining said account shall terminate after final payment
to contractors and upon completion of said project.
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LITTLE MUSKEGO LAKE ASSOCIATION OF MUSKEGO
. h
DATE 7-/L7-&?5
D
AUTH .OR .I2 ,ING
A
RESOLUTION 11120-85
(As Amended)
.ND LITTLE MUSKEGO LAKE ASSOCIATION
APPROVAL OF AGREEMENT BETWEEN CITY OF
(Jewel Creek Drainage Project) /
/
BE IT RESOLVED that the of Muskego,
upon the recommendation does hereby
Muskego and the Little
approve the attached the City of
the Mayor and Clerk
DATED THIS DAY OF 1985.
INANCE COMMITTEE
c
ATTEST: /
City Clerk
DEFERRED 6/11/85 DEFERRED 6/25/85
AGREEMENT
WHEREAS, the City of Muskego, hereinafter referred to as "CITY",
and the LIT
(As Amended)
costs of the
the Little Muskego Lake Association.
1. That th
cenic Urban Waterways
mplated that the CITY will
2. That the ASSOCIATION shall
and claims
shall inde
account at its sole discretion upon no
WATERWAY PROJECT. said account shall at all times contain
an amount that the Y, in good faith, believes adequate to pay
all expenses, cost amages, etc. stated in this Agreement, but
never less than FI
ASSOCIATION upon
HOUSAND ($5,000) DOLLARS and that the
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LITTLE MUSKEGO LAKE ASSOCIATION
DATE
CITY OF MUSKEGO
DATE
0
RESOLUTION 11120-85
AUTHORIZING APPROVAL OF AGREE
AND LITTLE MUSKEGO
(Jewel Creek Dr
BE IT RESOLVED that the Common
upon the recommendation of the
approve the attached Agreement
the Little Muskego Lake Associa
and Clerk to execute same in th
DATED THIS DAY OF , 1985.
FINANCE COMMITTEE
ATTEST:
City Clerk
Ald. Mitchel Penovich
DEFERRED 6/11/85
ii AGREEMENT /
hereinafter referred to as "ASSOCIATION", both wish t
certain improvements made to Jewel Creek; and
n costs of the
party, it is agreed as follows:
able good faith effort to
State Government to
account of the CI
sum of TWENTY THO
shall be set u
e CITY shall replenish said account. That the
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LITTLE MUSKEGO LAKE ASSOCIATION
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CITY OF MUSKEGO