CCR1989021COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #21-89
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF MUSKEGO
OF SEWERS FOR PROPOSED DEVELOPMENT
(Scott Krause)
AND COUNTRY CLUB VILLAGES, INC. REGARDING FEASIBILITY
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 Clerk to execute the Agreement, as
determine the feasibility of sewering the area proposed for
amended and attached hereto concerning a facility plan to
costs would not exceed $35,000.
development, subject to confirmation by Ruekert & Mielke that the
DATED THIS 10th DAY OF January , 1989.
FINANCE COMMITTEE
Ald. Mitchel Penovich
/".
ATTEST :
City Clerk
1/89
jz
AGREEMENT
WHEREAS, SCOTT KRAUSE and his associates, hereinafter
referred to as "KRAUSE", have expressed an interest in
developing an area which is part of the area described on Exhibit
"1" which is attached hereto and made a part hereof; and
WHEREAS, the CITY OF MUSKEGO, hereinafter referred to as
"CITY", has expressed an interest in the concept of such a
development; and
that the development would take place only if municipal sewer
services were available; and
%EREAS, if said area is t3 be developed, it is contemplated
WHEREAS, it is agreed between the parties that in order to
determine if municipal sewer services are feasible at this time
area, that a facility plan must be developed.
to serve the area described on Exhibit "1" and the surrouneing
XCW, THEREFORE, fcr vtlas5ie cnnsideration acknowleeqei by
both parties, IT IS AGREE3 AC FGLLCWS:
1.
2.
3.
4.
That upon execution of this Agreement, KRAUSE shall pay
to the CITY the Sam of $17,500 and that said $17,500
shall be expended only for the purpose of making payment
and any other entities they may deem appropriate for the
to the City Engineering firm of Ruekert h Mielke, Inc.
purpose of Seveloping a facility plan to determine
whether or not the sewering of the area described on
Exhibit "1" and surrounding area is feasible; that the
total cost of developing said facility plan is not to
exceed $35,000 and each party to this Agreement shall
share in that cost up to said amount on an equal basis.
That the CITY shall pay all statements of Ruekert h
Mielke, Inc. and/or other entities that Ruekert h
project as they becone due taking equally from the
Mielke, Inc. may deem appropriate for work on sair?
monies paid by KRL.USE and those of the CITY and if any
money is remaining of KRAUSE'S $17,500, it shall be
refunded to the entity making said payment.
That at the time documents prepared pursuant to this
Agreement are submitted to the CITY, they shall also be
submitted to KRAUSE.
By entering this Agreezent, neither party makes ar.y
commitment to proceed any further with providing
proceeding with the contemplated development; it is
municipal sewers to the area in qcestion or to
further agreed that this Agreement for a planning
.*
study will not be used against either party as evidence
of any intention to proceed with development or with
sewers.
Dated this day of , 1989.
CITY OF MUSKEGO
SCOTT KRAUSE
By :
Wayne G. Salentine, Mayor
By:
Jean K. Marenda, Clerk
- 2-
Y. . . :
Map 5
EStiIBIT 1
IS THE XEA IN CROSS HATCSE
9r OUTLIVED IN REO BELOW
"
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 821 -89
AUTHORIZING EXECUTION OF AGREEMENT
AND COUNTRY CLUB VILLAGES, INC. RE
OF SEWERS FOR PROPOSED DEVELOPMENT
(Scott Krause)
BE IT RESOLVED that the Common Council
upon the recommendation of the Finance
hereto concerning a facility plan to de
authorize the Mayor and Clerk to execut
sewerine. the area prooosed for develop
confirmation by Ruekert h Mielke that costs would not exceed .. -
$35,000.
DATED THIS DAY OF , 1989.
FINANCE COMMITTEE
/ Ald. Mitchel Penovich
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
ATTEST :
City Clerk /
AGREEMENT
WHEREAS, SCOTT KRAUSE and his associates, hereinafter
referred to as "KRAUSE", have expressed an interest in
hereto and made a part hereof: and
developing the area described on Exhibit "1" which is attached
WHEREAS, the CITY OF MUSKEGO, hereinafter referred to as
"CITY", has expressed an interest in the concept of such a
development: and
WHEREAS, if said area is to be developed, it is contemplated
that the development would take place only if municipal sewer
services were available: and
determine if municipal sewer services are feasible at this time
WHEREAS, it is agreed between the parties that in order to
to serve the area described on Exhibit "1" and the surrounding
area, that a facility plan must be developed.
both parties, IT IS AGXEED AS FOLLOWS:
NOW, THEREFORE, for valuable consideration acknowledged by
1. That upon execution of this Agreement, KRAUSE shall pay
to the CITY the sum of $17,500 and that said $17,500
shall be expended only for the purpose, of making payment
to the City Engineering firm of Ruekert h Mielke, Inc.
prpose of developing a facility plan to determine
and any other entities they may deem appropriate for the
whether or not the sewering of the area described on
Exhibit "1" and surrounding area is feasible: that the
total cost of developing said facility plan is estimated
to be $35,000 and each party to this Agreement shall
share in that cost up to said amount on an equal basis.
2. That the CITY shall pay all statements of Ruekert h
Mielke, Inc. and/or other entities that Ruekert h
project as they become due taking equally from the
Mielke, Inc. may deem appropriate for work on said
monies paid by KRAUSE and those of the CITY and if any
money is remaining of KRAUSE'S $17,500, it shall be
refunded to the entity making said payment.
3. That at the time documents prepared pursuant to this
Agreement are submitted to the CITY, they shall also be
submitted to KRAUSE.
4. By entering this Agreement, neither party makes any
commitment to proceed any further with providing
municipal sewers to the area in question or to
proceeding with the contemplated development; it is
further agreed that this Agreement for a planning
study will not be used against either party as evidence
of any intention to proceed with development or with
sewers.
Dated this day of , 1989.
CITY OF MUSKEG0
SCOTT KRAUSE
By:
Wayne G. Salentine, Mayor
By:
Jean K. Marenda, Clerk
-2-
. EXHIBIT 1
Map 5
Source: SEWRPC.
18