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CCR1995254COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #254-95 APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEGO AND KRAUSE EXCAVATING (Transportation of Dredging Spoils - Kingston Bay, Little Muskego Lake) WHEREAS, Krause Excavating has requested the right to transport certain dredging spoils from Kingston Bay of Little Muskego Lake over City property known as Lake Access Parcel #17, and WHEREAS, the Parks and Recreation Board has recommended approval of their request subject to the condition of the exact path of removal and terms and conditions of said removal being agreed upon with the City‘s Grant Administrator, and WHEREAS, the undersigned Krause Excavating 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 shall further be subject conditions they have established. to the approval of the Public Works Committee and any NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Krause Excavating to remove dredging spoils from Kingston Bay City of Muskego does hereby approve the granting permission to of Little Muskego Lake over City property known as Lake Access Parcel #17 under terms and conditions to be set by the Grant Administrator, 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 Krause Excavating accepting said Resolution. BE IT FURTHER RESOLVED that the Grant Administrator may revoke this permission granted by this Resolution at any time. BE IT FURTHER RESOLVED that in any event this approval terminates no later than May 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 #254-95 , Page 2 .a DATED THIS 18th DAY OF DECEMBER , 1995. SPONSORED BY: Ald Nancy Salentine ACCEPTED BY: This is to certify that this is a true and accurate copy of Resolution #254-95 which was adopted by the Common Council of the City of Muskego. 12/95daf .. - AGREEMENT regarding the use of the City's Lake Access Parcel #17 and This agreement is being made with the City of Muskego Krause Excavating, Rt. 3, Markesan, WI 53946, and the Little Muskego Lake Protection and Rehabilitation District (1) User agrees to waive and release any and all rights and claims and damages against the City of Muskego resulting from the use of this lake access parcel. (2) User agrees to restore the lake access parcel to its original condition on or before May 1, 1996. (3) The District agrees to withhold $3,000 from the contract with Krause Excavating to assure restoration by May 1, 1996 of the lake access parcel by the contractor, and if not paid to the City for restoration. completed to the satisfaction of the City, said funds to be (4) That nothing in this agreement approves of any of the work to be done by the undersigned and the undersigned must applicable government agencies. obtain all necessary approvals, permits, etc. from all of the parcel only between January lst, 1996 and the 1st day of (5) The permission granted under this agreement is for use May, 1996 and that use shall consist of operating trucks to remove dredging material. KRAUSE EXCAVATING Rt 3 Markesan, WI 53946 CITY OF MUSKEG0 LITTLE MUSKEGO LAKE PROTECTION AND REHABILITATION DISTRICT