CCR1997003a
AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #3-97
APPROVAL OF LAND RENTAL AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND RICHARD BENNETT
WHEREAS, in conjunction with the Big Muskego Lake, Public Boat
Ramp, Channel Dredging Project, the City of Muskego will
temporarily place the dredge materials on private property; and
WHEREAS, property owner, Mr. Richard Bennett, is willing to allow
the City to make use of his property under the terms and
conditions outlined in the Temporary Permit Agreement; and
WHEREAS, the City will enter into the Agreement with Mr. Bennett
and pay him a permit fee of $250 per acre for four acres for a
total fee of $1,000, to be paid from Park Dedication funds; and
WHEREAS, City will Award the Bid for the dredging project subject
to the execution of this Agreement.
City of Muskego, upon the recommendation of the Finance
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Committee, does hereby approve of the Land Rental Agreement
between the City and Mr. Richard Bennett, as attached, subject to
the City awarding the bid for the Big Muskego Lake, Public Boat
Ramp, Channel Dredging Project.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the Agreement in the name of the City
subject to review and approval of the Mayor and City Attorney.
Agreement he deems necessary.
BE IT FURTHER RESOLVED that the Mayor may make any changes to the
DATED THIS 14th DAY OF JANUARY , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D‘Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
Resolution #3-97 which was adoDted bv the Common Council of the
City of Muskego.
SPECIFICATIONS
DIVISION 1
LAND RENTAL
AGREEMENT
TEMPORARY PERMlT AGREEMENT
WHEREAS, the ClTY OF MUSKEGO, hereider referred to as "CITY" wishes to make temporary use
of the property described in this agreement: and
WHEREAS, ,who
are all the owners of fee simple interest in the land referred to in this agreement, hereinafter refereed to as
"OWNER", wishes lo allow the CITY to make said use of the land under the terms and conditions of this
permit.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION ACKNOWLEDGED BY ALL PARTIES,
I" IS AGREED AS FOLLOWS:
1. That the OWNER warrants and represents that they are the sole owners of fee simple
title to certain lands consisting of approximately~Z~O.O~a~es~ lega!ly.described on
E.xhibit"I", which is attached hereto and free an$cl+of&ll liensand encumbranos.
2. That the CITY shall have the right to utilize the property described on~Exhibit9 for r" ~---
access and disposal of approximately 4,000 cubic yards of dredge material received from
a City project known as Big Muskego Lake Public Boat Launch Channel Dredging
Project.
3. The CITY'S obligation to pay the fees referred to in this agreement shall accrue only if
the CITY p& with this project on or before the-3 1st-day of -January-l997. If the
CITY does not proceed with this project on or before said date of this agreement is null
and void and neither party shall have any obligations to the other.
4. That the OWNER agrees that the CITY may perform this project pursuant to actions by
its agents, employees and independent conmctors as to the project referred to above.
5. The dredge materials will be placed and leveled across the entire 4.0 acres or 174,240
square feel, as outlined and shown on "Ex,hibir#3: including access drives, up to a
depth ofl2~Tnctes and will be substantially fiee of large rcck (greater than 6 inches in
size) and sudstantially free of brush, cans, large brush and metal. OWNER
acknowledges that they are aware of the type of material to be dredged and the
components of the material.
.~ J
6. The CITY shall pay to the OWNER a permit fee of $250.00 per acre forL acres for a
total fee of $1~. ~b on or before commencement of this project by the contractor.
7. The term of this permit shall be for- days Gom the hal party executing the cons-
truction contract on the project refed to above.
8. The work to be performed pursuant to this permit on the property sbal.be_performd
under the terms and conditions and speFifications referred to on E&ibit:fianached
hereto and made part hereof and includes the restoration of the site to the specification
amched hereto, made a part hereof and marked E&=
0 Dated this day of- 1997
CITY OF MUSKEGO
By:
David L. De Angelis. Mayor
By:
Jean K. h4arenda. Clerk
,
LG- 1
OWNER
1.1 STANDARD SPECIFICATIONS
The “Standard Specificatioas for Sewer and Water Commction in Wisconsin” latest ehtion.
shall be used in the construction of the dredgin! of the c‘mei. building oi temporav roads, laying of
culverts. grading and appunenances. as well as pavement reFiacement with be exception of the following
items which mill govern snid consiructlon work.
1.2 EASEMENTS. LICENSES. AYD PERMITS
OWNER is in the pocess oi obtaining easements ard land use aFsements for disposal site and
copies of agreement are attached and speclficxion for disposg sire are inciudsd in sec 1.5.
Attached are copies of Wiscocsin Department of Natural &sources Pemis. Army Corps of Engineer
Permits. Guidelines of the permits must be followed as pan c.fthese specuicauons.
1.3 ROAD BOND
CONTRACTOR must provide a bond for $50,000 ti?? road segmenr rarling at the entrance to the
construction site S82 W137Sj Durham Dr and the intersecucn of fighway 00 and Durham Dr. Staning
at the intersection of fighmay 00 and Bo.xhorn Drive and en.5ing at the residence known as S90 W13960
Boxhorn Drive Video tapes oi the :oad have been taken &:a copies are a\.alable from the Director of
Public Works at a cost of 9.95. Damaged areas are to be re;lacsd in kina milled out in a lineal manner
and to be completed before June 1; 1997.
1.4 ACCESS TO DISPOSAL SITE & CONSTRUCTlON SITE
CONTRACTOR must provide 2 way trafk along Dxham Dr at all umes and enter construction
site at access road that is present and enter at no other loauons. Enuancs IO disposal site is the specific
location approximately 200’ north of he intersection of Kzhxay CO and Dwiam Dr.
CONTRACTOR shall not pernut acy equipment. trucks or FLupIiers to use Highview Drive or Durham
Drive north of the entrance.
1.5 DISPOSAL SITE
CONTRACTOR shall maintain access road including tracking pads, silt fence and seeding and mulching
The OWNER has an agreement for land rental xith the foiloning specfications appl?ing:
of disposal site as per detail D-2. The material is spread xoss the sits as needed for a depth not to
exceed 12” Spread material must be substanially free of urts. rock, melai.:ans. woody brush and glass.
CONTRACTOR understands that the land owner intends on .sin? propem for a shot recovery area. CiQ-
of Muskego Project Representative uill make final determix5on nhen and f dump site is restored to the
satisfaction of the contract. CGNTRWTOR \\ill remoye racking pad marsrial and remove silt fence
after witten notification of the Project Representative. LL~E for dumpmg locations are depicted on
detail D-I.
Any material not acceptable to the disposal site. per the land r:n;al agreern:nr shall be disposed of by the
CONTRACTOR at their own expense. All disposal sites nitin die Cip of Uuskego must be approved by
the OWNER.
1.6 STAKING
Proposed work will be stakcd onc: by; OWNER at ns expense to CO>TRACTOR Stakes will be
placed on the north and south sides of channel. Should CObTKiCTOR m-uest restaking, this work will
..
I I
L' :V4' L A T
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #3-97
APPROVAL OF LAND RENTAL AGREEMENT BETWEEN
THE CITY OF MUSKEGO AND DANIEL PIPKE
WHEREAS, in conjunction with the Big Muskego Lake, Public Boat
Ramp, Channel Dredging Project, the City of Muskego will
temporarily place the dredge materials on private property; and
WHEREAS, property owner, Mr. Daniel Pipke, is willing to allow
the City to make use of his property under the terms and
conditions outlined in the Temporary Permit Agreement; and
WHEREAS, the City will enter into the Agreement with Mr. Pipke
and pay him a permit fee of $250 per acre for four acres for a
total fee of $1,000, to be paid from Park Dedication funds; and
WHEREAS, City will Award the Bid for the dredging project subject
to the execution of this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve of the Land Rental Agreement
between the City and Mr. Daniel Pipke, as attached, subject to
the City awarding the bid for the Big Muskego Lake, Public Boat 0 Ramp, Channel Dredging Project.
authorized to execute the Agreement in the name of the City.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
DATED THIS DAY OF , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. David J. Sanders
Ald. Domonic D'Acquisto
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
Resolution #3-91 which was adopted by the Common Council of the
City of Muskego.
Clerk-Treasurer
1/97 jmb
TEMPORARY PERMIT AGREEMENT
WHEREAS, the CITY OF MUSKEGO, hereider referred to as “CITY” wishes to make temporary use
of the property described in this agreement: and
WHEREAS, ,who
are all the owners of fee simple interest in the land referred to in this agreement, hereinafter refereed to as
“OWNER”, wishes Io allow the CITY to make said use of the land under the terms and conditioos of this
permit.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION ACKNOWLEDGED BY ALL PARTIES,
IT IS AGREED AS FOLLOWS:
I. That the OWNER warrants and represents that they are the sole owners of fee simple
title to certain lands consisting of approximately-10.99-acres legally described on
Exhibit “l”, which is attached hereto and encumbrances.
2. That the CITY shall have the right lo utilize the property described on Exhibit “1” for
access and disposal of approximately 4,000 cubic yards of dredge material received from
a City project known as Big Muskego Lake Public Boat Launch Channel Dredging
Project.
3. The CITY’S obligation to pay the fees referred to in this agreement shall accrue only if
the CITY proceeds with this project on or before the-3 1st-day of -January-l997. If the
and void and neither party shall have any obligations to the other.
CITY does not proceed with this projecl on or before said date of this agreement is null
4. That the OWNER agrees that the ClTY may perform this project pursuant to actions by
its agents, employees and independent conmctors as to the project referred to above.
5. The dredge materials will be placed across the entire 4.0 acres or 174,240- square feet,
including access drives, up to a depth of I8 inches and will be substantially free of large
rock (greater than 6 inches in size) and substantially free of brush, cans, large brush and
metal. OWNER acknowledges that they are aware of the type of material lo be dredged
and the components of the material as is indicated and marked Exhibit “S’and agrees to
the same.
6. The CITY shall pay to the OWNER a permit fee of $250.00 per acre for% acres for a
total fee of $ \ .m on or before commencement of this project by the contractor.
I. The term of this permit shall be for= days from the final party executing the cons-
truction contract on the project refereed to above.
8. The work to be performed pursuant to this pennit on the property shall be performed
under the terms and conditions and specifications referred to on Exhibit “2” attached
herelo and made pan hereof and includes the restoration of the site to the specifcation
attached hereto, made a part hereof and marked Exhibit “3” and E.xhibit “4“
Dated this day of- 1997
CITY OF MUSKEGO
By:
David L. De Angelis, Mayor
By:
Jean K. Marenda, Clerk
4-
OWNER
Daniel Pipke
C. t
v\
r;l
. ., ..
EUU\BiT - 2 *
I. 1 STAND.4RD SPECIFICATIOXS
The “Standard Specilications for Sewer and Water Construction in Wisconsin” latest edition,
shall be used in thc construction of the dredging of the channel. building of temporan- roads. laying of
culver&. grading and appunenances. as well as pavement replacement uith the esception of the following
items which will govcro said construction work.
1.2 EASEMENTS, LICENSES. AND PERMITS
copies of agreement are attached and specfication for disposal site are included in sec 1.5.
.4ttached are copies of Wisconsin Depanment of Natural Resources Permits, Arm!- Corps of Engineer
Permits. Guidelines of the permits mua be followed as pan of these specifications.
1.3 ROAD BOND
OWNER is in thc proccss of obtaining easements and land use agreements for disposal site and
construction site S82 W13783 Durham Dr and the intersection of Highway 00 and Durham Dr. Video
CONTRACTOR must provide a bond for $25,000 the road segment starting at the entrance to the
tapes of the road have been taken and copies are available from the Director of Public Works at a cost of $
9.95. Damaged areas are to be replaced in kind, milled out in a lineal manner and to be completed before
lune 1. 1997.
1.4 ACCESS TO DISPOSAL SITE & CONSTRUCTION SITE
CONTRACTOR must provide 2 nay traK~c along Durham Dr at all times and enter construction
sire at access road that is present and enter at no other locations. Entrance to disposal site is the specific
location approximately 200’ north of the intersection of Highway 00 and Durham Dr.
CONTRACTOR shall not permit any equipment, trucks or suppliers to use Eighvien Drive or Durham
Drive nonh of the entrance.
1.5 DISPOSAL SITE
CONTRACTOR shall mintain access road including tracking pads. silt fence and seeding and mulching
The OiVNER has an agreement for land rental with the following specifications applying:
of disposal site as per detail D-2. The material is spread across the site as needed for a depth not to
escced 18” Spread material must be substanially free of tires, rock. metal,cans, woody brush and glass.
Project Representative will make final determination when and if dump site is restored to the satisfaction
CONTRACTOR undemands that the land owner intends on using property for pasture. CiIy of Muskego
of he contract. CONTRACTOR will remove tracking pad material and remove silt fence after written
notification ofthe Project Represcnrative. Limits for dumping locations are depicted on detail D-1.
Any material not acceptable to the disposal site, per the land rental agreement, shall be disposed of by the
CONTRACTOR at their own espense. All disposal sites within the City of Muskego must be approved by
the OWNER
1.6 STAKING
placed on the north and south sidcs of channel. Should CONTRACTOR request resmking, this work will
Proposed work will be slaked once by, OWNER at no expense to CONTRACTOR Stakes will be
be done as OWNERS schedule permits and at espense to contractor, CONTRACTOR shall no*
OWNER at least 3 days prior to start of open cut work.
5-i
I
. I
12/05/19:; 14: z: 414-Si8-5615 " acw: ?;-:E RE^. -;:- -
State Laboratory of Eygiene
university of wisco~jsin Center for Health Sciences
465' Henry MA11, Madison, WT 53706 . Laessig, ?h.D., Director s.L. Inhorn, H.D., Medical Director
(608) 262-3458 3NR LA9 ID 113133790 iromnmental Science Sectim
"""""""""""",""~"""""""""""""""~"""""
Inorganic chemistry 1#30 of 3'5 on 04/03/95, ucseea)
Id: 683355 Point/Well/..: 020 Field 1): ?A Wute: wR21 Date: 07/01/94 Time: 01:OO County: 68 (waukeshe)
MUSKEGO LAKE MILWAUXEE - NE CORNER OF LAKE BASIN
SEDIMENT CORE - KORIZON A - UNCONSOLIDATED, ODOROCS HUCK - 15 CM
TC~ TALBOT
DNR gource: sediment
"ISON Collected by: JACXLZY 6 WAYEMAN
Labslip #: IF021006 ae?or:ed: 03/31/95
ent: Partial report; RESULTS ARE PROVISIONAL AND MAY CEXNGZ. ""-"""-"~"_".""""""""""""""""""
PLE ?REP/HAND I1
CENT VOLATILE SOLIDS
CENT MOISTURE
SI93
45.
88.4
91
91
0 Pages, LC-7, W-8 and LrT-9 ?epict results of soil sample taken
near dredging channel. L(+9 depicts materials present.
:!$s 1': 53 "4-57P-5615 2,7q " :-&T: 2EC. =*cz e:
State Laboratory of Hygiene
University Of WiSC0n:lin Center for Health Sciences
465 Henry Ma:.l, Madison, WI 53706
Laessig, Ph.D., Director S.L. Inhorn, M.D., Medical Director
:omental Science Section
.""""""""""""."""~""""""""""""""""""~
Inorganic chemistry (b31 of 35 on 04/03/95, unseen) (608) 262-3458 DNR LAB ID 113133790
in3355 ?olnt/Well/..: 020 Field I: 1~ Route: WR21 rction Date: 07/07/94 The: 02:OO County: 68 (Waukesha)
BIG HUSKEGO LAKE MILWAUKEE - NE CORNER OF LAXE BASIN ription: SEDIMENT CORE - HORIZON B - aROWNISH, LT GREY, FIBRIC - 14 CM
'ALBOT
)NR
LADISON
Source: Sediment
"" -~ Int number: WR240 Collected by: JACXLEY & WAXEMAH
Received: 03/21/95 Le.bslip I).: IF021007 Reported: 03/31/95
!nt: Partial report; RESCLTS ARE PROVISIONAL AND MAY WGE.
"""""""^""""""""""""""""""""
,E PREP/HAND I1
3" VOLATILE SOLIDS :NT MOISTURE
SIEVE
52. 0
89.3 %
0 0
I