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CCR1987060COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #60-87 APPROVAL OF HOLDING TANK AGREEMENT (Future Parkland Development, Inc.) WHEREAS, the City of Muskego has received a request from Future Parkland Development, Inc. for permission to install a holding tank to serve their property at W124 S10391 124th Street in the City of Muskego, and WHEREAS, it is required by the Department of Industry, Labor and Human Relations that the City guarantee maintenance of the Holding Tank, and WHEREAS, an Agreement for Permission for a Temporary Waste Water Collection System and Holding Tank has been signed by the applicant. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the holding tank to serve the property owned by Future Parkland City of Muskego, does hereby approve the installation of a Development, Inc. at W124 S10391 124th Street in the City of Muskego. RE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the holding tank agreement in the name of the City. DATED THIS DAY OF , 1987. ATTEST : City Clerk 4/87 jm Exhibit "A" AGREEMENT FOR PERMISSION FOR A TEMPORARY WASTE WATER COLLECTION SYSTEM AND HOLDING TANK , ~eturn to: THIS AGREEMENT is made and entered into this _" day of - __- , 19 by and between the THE CITY OF MUSKEGO, hereinafter called the "Municipality", and an individual, FUTURE PARKLAND DEVELOPMENT, INC. , a Corporation, Or - - , a partnership, with a mailing address Of POST OFFICE BOX 702, MILWAUKEE, WI 53201 hereinafter called the "Applicant/Owner". -> - " "_ 8 We hereby acknowledge that application is being made for the installation of (a) holding tank(s) on the folloving described prop e rt y ' THE NORTH 1 /2 OF THE NE I /4 OF AND THE NE 1/4 OF THE N!4 1/4 OF SECTION 36, T 5 N, R 20 E, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY. WISCONSIN. or that continued use of the existing premises requires that a holding tank be installed on :he property for the purpose of proper containment of sevaqe. We also acknovledge that said property cannot nov be served by a municipal sever, any other type of private sevage system as permitted under Chapter ILHR 83, Wis. Adm. Code, or Chapter 145, Stats., and that the property does not contain an area of soil suitable for any other type of private sevage system as permitted by Chapter ILHR 83, Vis. Adm. Code. Therefore, as an inducement to the County of Waukesha to issue a sanitary permit for the above described premises, we hereby agree and bind ourselves as follovs: 1. Applicant/Owner agrees to conform to all applicable requirements of Chapter ILHR 83, Wis. Adm. Code relating to holding tanks. If the Applicant/Ovner fails to have the holding tank properly serviced in response to orders issued by the Municipality to prevent or abate a nuisance as described in 5146.13 and 146.14, Stars., the Municipality may enter upon the property and service the tank or cause to have the tank serviced and charge the Applicant/Ovner by placing the charges on the tax bill as a special assessment for current services rendered. The charges will be assessed as prescribed by $66.60, Stats. 0- 2. Applicant/Owner agrees to pay all charges and costs incurred by the Municipality for inspection, pumping, hauling OK otherwise servicing and maintaining the holding tank in such a manner as to prevent or abate any nuisance or health hazard caused by the holding tank. The Municipality shall notify the Applicant/Owner of any costs which shall be paid by the Applicant/Owner within thirty (30) days from the date of notice. In the event the ApplicantlOwner does not pay the costs within thirty (30) days, the Applicant/Owner hereby specifically agrees that all of the costs and charges may be placed on the t,ax roll as a special assessment for the abatement of a nuisance, and the tax shall be collected as provided by Wisconsin Statute. 3. The Applicant/Owner, except as provided by 8146.20(3)(d), Stats., agrees to contract with a person who is licensed under Chapter SR113, Wis. Adm. Code to have the holding tank serviced and to file a copy of the contract or their registration with the Municipality and with the County. The Applicant/Owner further agrees to file a copy of any changes to the service contract or a copy of a new service contract with the Municipality and the County within ten (10) business days from the date of change to the service contract. 0 4. The Applicant/Owner agrees to contract with a person licensed under Chapter NR113, Wis. Adm. Code who shall submit to the Municipality and to the County a report in accord with Chapter ILHR 83.18(4).(a)2, Wis. Adm. Code for the servicing On a semiannual basis. In the case of registration under 1146.20(3)(d). Stats., the Applicant;/Owner shall submit the report to the Municipality and the County. 5. This agreement will remain in effect only until the local government unit responsible for the regulation of private sewage systems certifies that the property is served by either a municipal 0 sewer or a soil absorption system that complies with Chapter ILHR - 2- 83, Wis. Adm. Code. In addition, this agreement may be cancelled by executing and recording said certification with reference to this agreement in Such manner which vi11 permit the existence of the certification to be determined by reference to the property. 6. This agreement shall be binding upon the Applicant/Owner. the heirs of the applicant/owner and assigns of the applicant/owner, and shall run With the above described property. The Applicant/Owner shall file the agreement with the Register of$Deeds, which shall be recorded by the Register of Deeds in an manner which will permit the existence of the agreement to be determined by reference to the property vhere the holding tank is installed. 7. Applicant/Ovner shall install at its expense and to the satisfaction of the Municipal Engineer and all other approval authorities having jurisdiction, a holding tank of adequate size for the collection of vaste vater from the real property located at ~ Wl24 SI0391 " 124LhXREET and shall file a sketch of the property involved showing the location of the proposed holding tank. Applicant/Owner shall install any additional holding tanks required for future capacity if necessary and Municipality agrees to issue and assist Applicant/Ovner in securing all necessary approvals and permits. 8. ApplicantIOvner agrees that in consideration for the execution of this agreement, it will conform to all of the rules and regulations, ordinances, and codes of the Town of Genesee, County of Waukesha and the State of Wisconsin in the consideracion and maintenance of the proposed vaste water holding tank and of any future proposed vaste vater holding tank(s). 9. Applicant/Owner agrees, that the then owner of the redl property, legally described herein, vi11 pay the special assessment which may be made against such owners for their proper share of the cost of the connection, of any alternate sanitary septic system constructed by the Municipality to the system, at such time as it may be determined by the Municipality to install and assess the Cost thereof. 10. Applicant/Owner agrees that it vi11 not, at the time of installation of any alternate sanitary septic system, assess any - 7- ”. -. .. . 1. .. claim as to. lack of benefit by reason of the fact tbat they have. been permitted to install a holding tank or holding tanks; and that 0 they and their successors and assigns, vi11 be precluded from asserting any defense in that respect to any charge made by the Municipality for the installation of said alternate sanitary septic system. 11. The ApplicantIOvner shall deposit vith the Municipal Clerk a cash bond in the sum of $ - . This bond shall guarantee the City of Muskego reimbursement for any and all expenses incurred by the City of Muskego in alleviating any nuisance vhich may occur as a result of the permission by this agreement for the applicant/owner to install a holding tank. The sum of $ shall be maintained at all times and if monies are expended, the applicant/ovner shall replenish the cash bond and maintain the same constantly at $- . Upon the installation availability and connection of the property involved to public sanitary sewerage facilities, the sum of $- “ cash bond shall be returned to the applicant/ovner. .I ~. .. ~ IN WITNESS WHEREOF, the parties have hereunto set their hands 0 and seals the day and year first above written. The Muskego Common Council has agreed that the vi11 be the responsible party to the State and further agreed to authorize the proper officials to sign an agreement vith a private company engaged in ad certified for the servicing of the holding tanks. CITY OF HUSKEGO APPLICANTIOWNER A Municipal Corporation By: 0y: ~7z,i,,.~hL”L~ “ Mayor Applicajt ATTEST: By: Clerk By : FUTURE PARKLAND DEVELOPMENT, INC. Ovner ~ If other than Applicant ~v STATE OF UISCONSIN )so. -& -