CCR1990237AMENDED
RESOLUTION #237-90
APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0
AND WEST LAKE DEVELOPMENT
(Sewers)
COMMON COUNCIL - CITY OF MUSKEGO
BE IT KESOLVED that the Common Council of the City of Muskego
does hereby state its intent to enter into an agreement with West
Lake Development providing for a $10,000.00 Certificate of
Deposit for a term of five years with interest payable during the
term of the Certificate to be paid to the developer, with
language to protect the City in the event the sewer fails within
the five year period, and at the end of the five years to request
an engineer conduct an inspection for that portion of the sewer
line in issue to state its findings and any problems discovered
in the operation of the system.
BE IT FUKTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary document in the name of the City
as prepared by the City Attorney.
DATED THIS 9th DAY OF October , 1990.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST :
City Clerk
10190
jZ
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #237-90
/
/
OF MUSKEGO
(Sewers) /
BE IT RESOLVED that the Common of the City of Muskego,
upon the recommendation of Committee, does hereby
approve the agreement of Muskego and West Lake
Development with attached, subject to review
BE IT FURTHER and Clerk are hereby
of the City Attorney.
authorized to in the name of the
City.
DATED THIS , 1990.
FINANCE COMMITTEE
/ /
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST :
City Clerk
AGXEE!4ENT
MUSKEGO, WISCONSIN, a municipal cor?oretion ("City"), and REESNA!!'S
This ASree3er.t is made and er.tezed into by end between CITY OF
EXCAVhTING & GRADIXG, INC. ("Contractor").
lines in West Lake Zstaces, a subdivision loczted in the City; and ViiEgEAS, t!-,e Contractor has compieted construction of :he sewer
of the sewer iize between the existing manhole and manhola number 1; WE3.EASl an izzne has arisen concersing the proper installation
and
KEEZZAS, the ?,zrtiea Cesire ca enter into this Agreenent to
provide assuence chat said sewer line installee Sy the Contractor
is operable and works for the psxpose intended.
!JOW, T?EREr'ORZ, in consideration of the 3utual covenants and
conditions herein conteined, it is agreea as follows:
deposit in the prixi2el sun of 510,000, reFisrerec! In thc joht
1. The Ccntractor will dqosic wit? the City a certificate of
names of thz Contractor and the City, for a terrr, of five years. The
certificate will F:Gvide thet all inzsrest earnet. ar.6. payaSle c!l!ring
the term of the certificate sheli 25 paic! to the Contractor.
2. No sccnes ti-an 58 zonths from $ai? hereof an:' no later
than ZiJ months fzorn d+te hereof, the Contractor shall engace the
services of en indepeccent sewez coptractar ecc.ept.able to t3r City
sewer lice in issue. The third-party sewer c3r.t.ractor will furnish for the purpcse of cm5ucting a?. inspection sf that Fzrtion cf the
a written report to the City an2 the CoEtractor stating its findings
2nd detailing ar,y Froblens discoveree in tSe operation of the system
vhich me.y heve resulted frcm ccnstruction of said line by the
Contracter.
A. If the report of the t.hirC-party cmtracror confirms
tnat the line is ir. cood workicg ozder and/@r that any problems
the parties shall take such acticn as ray be necessary to re- ir. the o?e:ation of the linn we:e pot caused by the Cmtractor,
lease the certificate of deposit to the Contractor.
that th.e sewer line is not oseratino properly as the result Of
a. If the resort of the third-?arty contractor confirms
tke sewez instcllatior by tk,e Con'ractor, the City zay Charge
tSe costs of catrection against the anount of the certificate
of d+@siZ and the Farties ska11 cake such action as m?,y be
balacce :kezecf being paid to the Contractor, or the City shall necessary to so release the certificate of de?osit, with the
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h2:ve the option t.o reRew the terms of tkis Agreement end t,he
certificate 3f o'epcsi: for another five-yezr term.
3. This Acreement rypresects e qccd faith atter.p by the par- ties to settle a matter in disaute. The terms and. ccnditiclns of
this Agreement sha.li be blr.di.ng v.?cr, the parties hereto a22 their
successors.
JN WJTNESS FHEBEOF, tke pcrties have caused th1.s Xjiracrnerbt t@
be executed t,y tbse duly authcrized this day of
1990. - I
CITY Or' MUSKXO, IUSCONSIN
By :
Grecary A. 2eesnat"ecretary
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