CCR1988235AMENDED
RESOLUTION #235-88
APPROVAL OF EXTENSION OF AGREEMENT BETWEEN DEBACKILEKFIELD
AND CITY OF MUSKEG0
WHEREAS, an Agreement between the City of Muskego and Don DeBack
Grading and Donald and Eva Lekfield was approved on 8/26/86 to
amend the restoration plan for the clay removal project, and
WHEREAS, the petitioners and owners have requested an extension
of two years to November 1, 1990 to complete the project, and
WHEREAS, the Public Welfare Committee has recommended denial of
be approved, and
the two year extension request and recommend a 30 day extension
WHEREAS, the Plan Commission has reviewed the request and has
recommended approval with the condition that no further
extensions be given and with other conditions as stated below.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Pluskego, upon the recommendation of the Plan Commission,
does hereby agree to extend the duration of the attached
agreement as mentioned in Paragraphs 2, 8 and 13 from November 1,
1988 to November 1, 1990, except as amended later in this
document, and that all remaining provisions of the agreement stay
the same and remain in full force and effect except as stated
below, and except that the Restoration Plan is amended to add the
provision of Exhibit A-1, attached hereto.
BE IT FURTHER RESOLVED that proof shall be filed with the City
that all required bonds, etc. have been continued in effect for
the additional term and cover any amendments.
agreement shall be changed to September 15, 1990.
BE IT FURTHER RESOLVED that the date in paragraph 8 of the
BE IT FURTHER RESOLVED that the owners and petitioners shall be
responsible for payment of any and all attorney and engineering
execution of this agreement Mr. h Mrs. Lekfield and Don DeBack
fees incurred by the City concerning this agreement. That on
Grading shall submit $3,000.00 to the City to cover other
administrative expenses which is non-refundable. If said
expenses exceed that amount, said parties will be billed and the
bills will be paid immediately, time being of the essence, and if
not paid, it shall be considered an event of default on the
agreement.
BE IT FURTHER RESOLVED that it is unlikely that the City would be
in favor of extending this agreement beyond November 1, 1990
COMMON COUNCIL - CITY OF MUSKEG0
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Resolution B235-88
Page Two
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BE IT FURTHER RESOLVED pursuant to the Amended Restoration Plan,
the addition to said plan being Exhibit A-1 being attached hereto
and made a part hereof, the restoration of the premises is to be
completed in phases at the times indicated on said exhibit and in
agreement; that each phase must be completely restored to the
the manner indicated on all the documents which are part of the
City's satisfaction prior to the commencement of further clay
removal; the parties hereto, other than the City, must obtain the
written approval of the City as to each restoration prior to
commencing further clay removal.
BE IT FURTHER RESOLVED if for any reason whatsoever any phase of
on or before the dates indicated on the attached Restoration Plan
the project is not completely restored to the City's satisfaction
completely restored on or before November 1, 1990, time being of
including Exhibit A-1 and/or if the entire premises is not
the essence as to each restoration, there shall be forfeited to
the City as a penalty over and above any other damages or claims
the sum of $10,000 which shall be secured by an irrevocable
stand-by Letter of Credit in a form satisfactory to the City
Attorney and drawn upon a financial institution acceptable to the
City.
BE IT FURTHER RESOLVED that this resolution shall only be
effective in amending the agreement after being executed by all
the parties within 30 days of today's date. If not executed by
all parties within 30 days it shall be null and void.
DATED THIS 25th DAY OF October , 1988.
Ald. Mitchel Penovich
ATTEST :
City Clerk
DON DEBACK GRADING, INC.
Petitioner
BY Donald DeBack, President Donald Lekfield, Owner, indi-
vidually and as Power of Atty.
for Beatrice Lekfield
CITY OF MUSKEG0
BY Wayne G. Salentine, Mayor
Eva Lekfleld, Owner
e 1 0188
Jean K. Marenda, Clerk
October 20, 1988
RE: LEKFIELD CLAY EXCAVATION
/ PHASE I - December 10. 1988 /
Clean up trees, stumps,’boulders & etc., bury same in
low area adjacent to Henneberry Road. Use spoil from hole
to fill low area adjacent to Henneberry Road.
..
PHASE I1 - September 21, 1989
from the south line, the south slope will be graded to a 4:l slope. Topsoil will be placed on same and seeded.
After excavation of the clay peninsula jutting out
PHASE I11 - September 22, 1990
Excavate clay at both ends of south slope, excavate
remaining clay on floor, relocate swale thru property.
Replace topsoil on Phase XI and seed to complete restoration
i
t
revi=we.l iy the City Engineer by Ssstember 15, 1907, as to the
necessity 05 such resairs and the Petitioner agrass to resair
said r3ads t3 the czndition existing prior to the commenc=nent of
I hauling (vhich is acknovledged to be in good condition) by the
1st day of November, 1907.
I 9. TSe existing dzainage way on the praises will be
relocaced in accordance vitS the Revised Restoration Map attached
hezeto and in accordance with sgecifications Brovided by the City
c;lgi?eer. -
10. The side sloces of t5e excavation sits shall be
z=s:3rzC! prsgrassivsly as ex;a.vazicn proceeds and, in ordsr to
;r=v=n= srosion, Owners zczse that said side slopes will not be
tills2 and further agrse to Sr3viee the City on execztion of this
ag;s=~ent aith a deed rsstriction in racordablr fora that said
si2= sLo?es xill not be tilled aE=er cornpletioq of t::e
rsszar3:ion oE the en:::= pr3nises and if any erosion Zoes occur
53 che sF5e slo2es or the inverz, it shall be rqaired to the
Ci:y's satisfaction by the Ownezs.
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11. upon completion of restoration of the entire ?remises,
Cwners agrze that within one (1) month, Or as 50011 as is
- practicable because of the weather, whichever is shortsz, they
-. -. will sither cultivate or provide vegetation over the excavation
in order to prevent orasion and, if any erosion does OCC- to the
sits, it shall be cepairsd to the City's Satisfaction bY the
Owners.
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #235-88
APPROVAL OF EXTENSION OF AGREEMENT
AND CITY OF MUSKEG0
WHEREAS, an Agreement between the City
Grading and Donald and Eva Lekfield
amend the restoration plan for the
WHEREAS, the petitioners and owners
of two years to November 1, 1990 to
WHEREAS, the Public Welfare
the two year extension
WHEREAS, the Plan
recommended
extensions
NOW,
be approved, and
of the agreement stay
below, and except that estoration Plan is amended to add the
provision of Exhibit hereto.
BE IT FURTHER shall be filed with the City
that all been continued in effect for
and effect except as stated
amendments.
8 of the
shall be
and
refundable. / If said expenses exceed that amount, said parties
will be bil'led and the bills will be paid immediately, time being
of default on the agreement.
of the essence, and if not paid, it shall be considered an event
BE IT FURTHER RESOLVED that it is unlikely that the City would be
in favor of extending this agreement beyond November 1, 1990
Resolution 1235-88
Page Two
BE IT FURTHER RESOLVED pursuant to the Amended Restoration Plan,
and made a part hereof, tSe restoration of the premises is to be
the addition to said plan being Exhibit A-1 being attached hereto
completed in phases at th2 times indicated on said exhibit and in
agreement; that each phase must be completely restored to the
the manner indicated on all the documents which are part of the
City's satisfaction prior to the commencement of further clay
removal; the parties hereto, other than the City, must obtain the
written approval of the City as t3 each restoration prior to
commencing further clay removal.
BE IT FURTHER RESOLVED if for any reason whatsoever any phase of
on or before the dates indicated on the attached Restoration Plan
the project is not completely restored to the City's satisfaction
completely restored on OK before November 1. 1990, time being of
including Exhibit A-1 and/or if the entire premises is not
the essence as to each restoration, there shall be forfeited to
the City as a penalty over and above any other damages or claims
stand-by Letter of Credit in a forn satisfactory to the City
the sum of $10,000 which shall be secured by an irrevocable
Attorney and drawn upon a financial institution acceptable to the
City.
BE IT FURTHER RESOLVED that this resolution shall only be
effective in amending the agreernent after being executed by all
all parties within 30 days it shall be null and void.
the parcies within 30 days of today's date. If not executed by
DATED THIS DAY OF , 1988.
ATTEST:
Ald. Mitchel lenovich
City Clerk
. .-
DON DEBACK GRADING, INC. . . . .- " -
Petitioner
BY Donald DeBack, President Donald Lekfield, Owner, indi-
vidually and as Power of Atty.
for Beatrice Lekfield
CITY OF MUSKEG0
BY Tjayne G. Salentine, i-layor
Eva Lektield, Owner -- . . . . . . - . . .
Jean K. Marenda, CL erK
1 o/aa
, .
October 20, 1988
RE: LEKFIELD CLAY EXCAVATION
PHASE I - December 10, 1988
Clean up trees, stumps, boulders & etc., bury same in
low area adjacent to Henneberry Road. Use spoil from hole
to fill low area adjacent to Henneberry Road.
PHASE I1 - September 21, 1989
from the south line, the sauth slope will be graded to a 4:l slope. Topsoil will be placed on same and seeded.
After excavaticn of the clay peninsula jutting out
0
PHASE I11 - September 22, 1990
Excavate clay at both ends of south slope, excavate
Replace topsoil on Phase I1 and seed to complete restoration
remaining clay on floor, relocate swale thru property.