CCR1985202RESOLUTION #202-85
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF MUSKEGO
AND WASTE MANAGEMENT OF WISCONSIN, INC.
(Municipal Water System)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
authorize the Mayor and City Clerk to execute the attached
Agreement between the City of Muskego and Waste Management of
Wisconsin, Inc., whereby Waste Management would dedicate
system expansion in the City of Muskego.
financial aids in aid of construction for a municipal water
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. #itchel Penovich
Ald. Ralph Tomczyk
ATTEST :
City Clerk
8 185
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AGREEMENT a This Agreement is entered into this day of , 1985, by
and between the City of Muskego, a municipal corporation organized under
the laws of the State of Wisconsin, and Waste Management of Wisconsin,
Inc., a Wisconsin Corporation, the owner of a licensed sanitary landfill
within the City of Muskego. This Agreement is entered into for the
purpose of providing between the parties whereby Waste Management of
Wisconsin, Inc. would dedicate financial aids in aid of construction for
a municipal water system expansion in the City of Muskego, a part of
which is near the sanitary landfill operated by Waste Management of
Wisconsin, Inc. Now therefore, for valuable consideration acknowledged
by each party it is agreed as follows:
1. Waste Management of Wisconsin, Inc. agrees to contribute
$500,000 to the City of Muskego for the design and installation of an
expansion to the City's water system, and the connection of certain
private residences thereto as described below. The agreement
contemplates that the $500,000 would be used first to accomplish the
goals and concerns of Waste Management of Wisconsin, Inc. as hereinafter
contained.
2. Waste Management of wisconsin, InC. agrees to pay the
following amounts in accordance with the following schedule of events:
(a) $125,000 upon award of the construction contract known
(b) $162,500 when construction is certified to be 50%
complete by the city engineer for the City of Muskego.
(c) $162,500 when construction is substantially completed to
be certified by the city engineer.
(dl $50,000 upon the certification of the system as ready to
use.
In order to secure payments as stated in the above-schedule, upon
execution of this agreement by the last of the two parties, Waste
Management of Wisconsin, Inc. shall execute in favor of the City, an
irrevocable letter of credit or at Waste Management's option, establish
an escrow account in favor of the City of Muskego. Either of the above
shall be in a form acceptable to the City of Muskego and shall allow the
City, with no further agreement from anyone, to withdraw the sums stated
in this paragraph upon the City in writing, stating to the financial
institution involved, that the condition stated above has been
accomplished.
3. The City will not accept the well owned by Waste Management
at S85 k21412 Janesville Road, Muskego, Wisconsin, but as part of
Paragraph No. 4 which follows, will agree to make service available to
said properties .
4. The monies as herein provided by Waste Management of
Wisconsin, Inc. will be used first for the mains, and lateral
installation at the following locations:
(a) those properties with existino buildings listed on
Exhibit A which is attached hereto and made a part hereof for which the
property owner designates in writing tnat they wish to be served under
this agreement and where said property owner grants to the City, at no 0
cost, a temporary easement for the purpose of providing said service.
As to the property owners, who aqreed in writing as stated above, the
City would provide a lateral from the street to within five feet of the
building to t% served. The lateral from that point and any internal
plumbing changes, would be the responsibility of the property owner and
not of Waste Manacement and/or the City. Those owners of property
appearing on Exhibit A who do not indicate in writing they wish to be
served under the terms and conditions of this agreement, would be
provided with lateral only to the property line of such a property by the
City.
5. Any amounts remaining from the contribution of Waste
Management of Wisconsin, Inc., after residences and business identified
in Paragraph No. 4 above have been provided with the improvements stated
in Paragraph KO. 4 above, shall be used by the City of Muskego to defray
the overall costs of construction of the water system irrespective of the
amount remaining in said escrow or letter of credit.
6. The amount of Waste Management's contribution in Paragraph
No. 1 above, contemplates laterals to within five feet of the building to
be served for all of the current business or residences identified in
Paragraph No. 4. In the event any of the properties described in
Paragraph No. 4 of this agreement decline said installation, pursuant to
this agreement, the lateral shall be installed to the property line and
neither the City nor Waste Management of Wisconsin, Inc. shall have any
further responsibility for connecting said building to the water system.
7. Any future residences or businesses, not presently in
existence or use, will be responsible to pay assessments and lateral
installation where appropriate for connection to the City water system.
It is specifically agreed that Waste Management of Wisconsin, Inc.
assumes no responsibility for the costs of connection of future
residences or businesses in the area defined in Paragraph No. 4.
8. The parties to this Agreement hereby agree and acknowledge
that nothing in this document shall constitute existence of an admission
of any liability on the part of Waste Management of Wisconsin, Inc. for
any degradation of water quality in the areas discussed in Paragraph 4(a)
in the general vicinity of the landfill.
9. The parties hereto agree that luaste Management of Wisconsin,
Inc. shall not be held responsible for the design, construction or
installation of the expanded City water system, nor shall Waste
Management of Wisconsin, Inc. be held responsible for any operation
problems arising thereafter by virtue of k'aste Management of Wisconsin,
Inc.'s contribution to the water system.
10. That all of the terms and provisions of this Agreement shall
be binding upon and inure to the benefit of the parties hereto their
heirs representatives, successors and assigns.
11. That the City's obligations under this agreement are 0
contingent upon their obtaining the approval of the Wisconsin Public
Service Commission and any other necessary governmental agencies for this
project and obtaining a contract or contracts for construction of said
xater system which are acceptable to the City. If any contingency stated
in this paragraph is in the sole opinion of the City not met, the City at
its option may' declare this agreement null and void.
WASTE MANAGEMENT OF WISCONSIN, INC.
BY:
Secretary
DATE :
CITY OF MUSKEGO
BY:
Mayor
BY :
City Clerk
DATE :
Exhibit A
2232.997
2232.995
2232.978
2232.996
2232.994
2232.993
0 2232.992
2232.991
2232.990
2232.984
2232.986
2232.987
2232.989
2232.988
WASTE MANAGEMENT/CITY OF MUSKEGO
AGREEMENT
WATER SERVICE CONNECTIONS
John F. Krabbenhoft
S83 W20618 Janesville Rd., Muskego, WI 53150
Sam L Mary Jovanovich
S83 W20702 Janesville Rd., Muskeg3, WI 53150
Lembezeder - Cook V.F.W. Post
$83 W20778 Janesville Rd., Muskego, WI 53150
Gary R. Peters
W207 S8312 Hillendale Dr., Muskego, WI 53150
Charles V. Kozar
6511 S. 116th St., Franklin, WI 53132
Edward Mageske
583 W20671 Janesville Rd., Muskego, WI 53150
Terry & J. Frahmann
583 W20703 Janesville Rd., Muskego, WI 53150
570 W20002 Adrian Dr., Muskego, WI 53150
Everett V. Eder
William 6 Sharon Ficken
582 W20765 Janesville Rd., Muskego, WI 53150
Evelyn Cole
585 W21175 Janesville Rd., Muskego, WI 53150
W208 S8343 Hillendale Dr., Muskego, WI 53150
Mark L Anne Sawyer
W208 S8381 Hillendale Dr ., Muskego, WI 53150
Chester 6 Joyce Kowal
Michael L Marie Dubiak
S84 W20858 Janesville Rd., Muskego, WI 53150
Arthur R. Zangerle
S84 W20938 Janesville Rd., Muskego, WI 53150
Arthur R. Zangerle
S84 W20938 Janesville Rd., Muskego, WI 53150
w208 s8307 Hillendale Dr., Muskego, WI 53150
Howard R. Kleinmann
2232.983
2232.980
2232.981
2232.981.
001
2231.998
2231.997
2231.993
2231.995
2229.989
W208 58543 Hillendale Dr., Muskego, WI 53150
Kenneth D. Purdy
Dona Id Burg
S83 S8543 Hillendale Dr., Muskego, WI 53150
Donald & Lorrett Burg
S83 W20607 Janesville Rd., Muskego, HI 53150
Herbert & Jane Sackrnann
W207 58602 Hillendale Dr., Muskego, WI 53150
Clementine Knutowski
585 W21531 Janesville Rd., Muksego, WI 53150
WMI
10712 S. 124th Street, Franklin, WI 53132
WI
10712 S. 124th Street, Franklin, WI 53132
Loyal Order of Moose
c/o MKS. Charles Kannard
Rt. 2, Box 150, Mukwonaqo, KI 53149
Lydia & Carl Wauer
S81 K17980 Riese Dr., Muskego, 'WI 53150
a