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CCR1996009AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #9-96 APPROVAL OF AGREEMENT, AS AMENDED (Transportation of Dredging Spoils - Jewel Crest) WHEREAS, the Jewel Crest Dredging Project will involve the transportation of certain dredging spoils from Little Muskego Lake over City property known as Lake Access Parcel #3, #2, and Idle Isle by a contractor yet to be determined; and WHEREAS, the Parks and Recreation Board has recommended and terms and conditions of said removal being agreed upon with approval subject to the conditior, of the exact path of removal the City's Grant Administrator, and WHEREAS, the undersigned contractor 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 to the approval of the Public Works Committee and any conditions they have established. NOW, THEREFORE, BE IT RESOLVED that the Common Council Of the City of Muskego does hereby approve the granting permission to remove dredging spoils from Little Muskego Lake over City property known as Lake Access Parcel #3, #2, and Idle Isle under terms and conditions to be set by the Grant Administrator, terms of repair and restoration, and further contingent upon the including but not limited to, the path of removal, time and approval of the Public Works Committee. BE IT FURTHER RESOLVED that this Resolution is contingent Upon the Contractor hired for this project 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 #9-96 P,ge 2 DATED THIS 9TH DAY OF JANUARY , 1996. SPONSORED BY: Ald Nancy Salentine ACCEPTED BY: This is to certify that this is a true and accurate copy of City of Muskego. Resolution #9-96 which was adopted by the Common Council of the A e 1/96 jmb AGREEMENT This aareement is beina made with the Citv of Muskeao 0 Idle Isle and LUQR €3Ulf&~rn+'oJ?~l ~PW,(IZ, and the Little regarding <he use of the City's lake Access Parcel #2, i3 and Muskego Lake Protection and Rehabilitation District. 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 original condition on or before May 1, (2) User agrees to restore the lake 1996. access parcels to its (3) The District agrees to withhold $6,000 from the contract with (,LJ~ &Ju I&~~\~PJZ / 1, 1996 of the lake access parcel by the contractor, and if not to assure restoration by May completed to the satisfaction of the City, said funds io be paid to the City for restoration. This paragraph in no way limits City's satisfaction; the lake district is responsible to the the liability of the lake district to restore the parcels to the City for any and all restoration of the parcels. work to be done by the undersigned and undersigned must obtain all necessary approvals, permits, etc. from all applicable government agencies. (4) That nothing in this agreement approves of any of the (5) The permission granted under this agreement is for use May, 1996 and that use shall consist of operating trucks to of the parcel only between January lst, 1996 and the 1st day of remove dredging material. ' &/?L . (date) (date) LITTLE MUSKEG0 LAKE PROTECTION AND REHABILITATION DISTRICT APPROVAL OF AGREEMENT (Transportation of Dredging Spoils - Jewel Cres WHEREAS, the Jewel Crest Dredging Project will inv transportati Lake over Cit Idle Isle by WHEREAS, the approval subject to the condition of the exac h of removal and terms an the City's Grant Administrator, and WHEREAS, the Resolution t 1 damages caused by themselves o his project, and WHEREAS, the to the appro conditions they have established. NOW, THEREFO the Common Council of the City of Muskego does hereby remove dredging spoils from property kno terms and conditions to t by the Grant Administrator, including bu approval of terms of rep rks Committee. BE IT FURTHE the Contract that this Resolution is contingent upon or this project accepting said Resolution. BE IT FURTHE this permiss BE IT FURTHE terminates n i BE IT FURTHER RESOLVED that all restorations and repairs required to be made shall be completed on or before May 1, 1996. Resolution #9-96 Page 2 DATED THIS DAY OF , 1996. SPONSORED BY: Ald Nancy Salentine ACCEPTED BY: (Contractor) This is to certify that this is a true and accurate copy of Resolution #9-96 which was adopted by the Common Council of the City of Muskego. City Clerk I 1/96 jmb AGREEMENT regarding the use of the City's lake Access Parcel #2, #3 and This agreement is being made with the City of Muskego Idle Isle and , 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. original condition on or before May 1, 1966. (2) User agrees to restore the lake access parcel to its contract with (3) The District agrees to withhold $6,000 from the 1996 of the lake access parcel by the contractor, and if not to assure restoration by May 1, completed to the satisfaction of the City, said funds to be paid to the City for restoration. work to be done by the undersigned and undersigned must obtain all necessary approvals, permits, etc. from all applicable government agencies. (4) That nothing in this agreement approves of any of the of the parcel only between January lst, 1996 and the 1st day of May, 1996 and that use shall consist of operating trucks to remove dredging material. (5) The permission granted under this agreement is for use CITY OF MUSKEG0 W182 58200 Racine Avenue Muskego, WI 53150 LITTLE MUSKEG0 LAKE PROTECTION AND REHABILITATION DISTRICT