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CCR1995251COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #251-95 APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0 AND ZARETZKE MARINE (Transportation of Dredging Spoils - Little Muskego Lake) WHEREAS, Zaretzke Marine has requested the right to transport certain dredging spoils from Little Muskego Lake over City property known as Idle Isle, (Lake Access Parcel #18), and WHEREAS, the Parks and Recreation Board has recommended path of removal and terms and conditions of said removal being approval of their request subject to the condition of the exact agreed upon with the Parks Director, and WHEREAS, the undersigned Zaretzke Marine agrees by acceptance of this Resolution to be responsible for any and all damages caused by themselves or their contractor concerning this project, and WHEREAS, the use of the City streets and the Hardtke Dr. Bridge shall further be subject to the approval of the Public Works Committee and any conditions they may establish. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve the granting permission to Lake over City property known as the Idle Isle Park under terms Zaretzke Marine to remove dredging spoils from Little Muskego and conditions to be set by the Parks Director, including but not limited to, the path of removal, time and terms of repair and restoration, and further contingent upon the approval of the Public Works Committee. BE IT FURTHER RESOLVED that this Resolution is contingent upon Zaretzke Marine accepting said Resolution. BE IT FURTHER RESOLVED that the Parks Director may revoke this 0 permission granted by this Resolution at any time. BE IT FURTHER RESOLVED that in any event this approval terminates no later than April 1, 1996. BE IT FURTHER RESOLVED that all restorations and repairs required to be made shall be completed on or before May 1, 1996. Resolution #251-95 Page 2 0 DATED THIS DAY OF , 1995. Ald Mark Suhr ATTEST : City Clerk ACCEPTED BY: Zaretzke Marine AGREEMENT regarding the use of the City's Lake Access Parcel #18 (Idle This agreement is being made with the City of Muskego Kaul Avenue, Menomonee Falls WI 53051. Isle Park) and Zaretzke Marine Construction, Inc., N60 W14224 claims and damages against the City of Muskego resulting from the use of this lake access parcel. (1) User agrees to waive and release any and all rights and (2) User agrees to restore the lake access parcel to its original condition on or before May 1, 1996. (3) User agrees to post a $5,000 cash bond with the City of Muskego. This bond will be applied towards site restoration to contractor not perform the work themselves. include damaged grass, concrete and asphalt areas should the (4) That nothing in this agreement approves of any of the work to be done by the undersigned and the undersigned must obtain all necessary approvals, permits, etc. from all applicable government agencies. of the parcel only between November lst, 1995 and the 1st day of May, 1996 and that use shall consist of operating trucks not to exceed 30-tOn size over said site only between the 7:OO A.M.-7:00 P.M. hours on the Monday thru Saturday days and the number of times a truck may pass over said property shall not exceed 132 on any day. (5) The permission granted under this agreement is for use 0 determined by the Parks Director at the time the project will begin. (See trucking boundary limits on attached map.) (6) The exact path of removal across the park is to be (7) Access at the bridge is contingent upon the approval of the Public Works Committee. ZARETZKE MARINE N60 W14224 Kaul Avenue Menomonee Falls WI 53051 CITY OF MUSKEGO W182S8200 Racine Avenue Muskego WI 53150