CCR1999225COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #225-99
APPROVAL OF AGREEMENT FOR INSTALLATION AND MAINTENANCE
OF GAGING STATION ON PRIVATE OR PUBLIC PROPERTY
WHEREAS, it is the desire of the City to place a monitoring station at the concrete drop
structure on Jewel Creek, about 180' north of east end of Silver Drive on right bank of
Jewel Creek, and
WHEREAS, it is necessary to enter an agreement with U. S. Geological Survey for the
placement of this device, and
WHEREAS, the Finance Committee has recommended approval
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego. upon the recommendation of the Finance Committee, does hereby approve
an Agreement for Installation and Maintenance of Gaging Station on Private or Public
Property with the U. S. Geological survey, as attached.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign said
Agreement in the name of the City.
DA TED THIS 14th DAY OF December , 1999
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David J. Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #225-99 which was
adopted by the Common Council of the City of Muskego.
Agreement Number: 4455-0223 Form 9-1482
(Aug. 1994)
AGREEMENT FOR INSTALLATION AND MAINTENANCE OF
GAGING STATION ON PRIVATE OR ~BI IC PROPERTY
THIS AGREEMENT is entered into this 3rd day of December 19 99 , by
and between City of Muskego , hereinafter
called “Licensor,” and the United States of America, by and through the U.S. Geological Survey,
U.S. Department of the Interior. hereinafter called “Licensee,” pursuant to the Act of December 24, 1942,
as amended (43 U.S.C. sec. 36b).
WITNESSETH:
I. Licensor, for and in consideration of the faithful performance by Licensee of all covenants and
conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees
to the installation, maintenance and use of (describe physical characteristics of gaging station) See at-
tached sheet
hereinafter collectively referred to as “Structure,” by the Licensee upon and over the property of the
Licensor as described in Paragraph 2 hereof, and the Licensor grants the right of ingress to and egress from
the said Structure and property described herein.
and further described as follows: (site location) Lat. 42’55’37”, Long. 088’08’45”, SW1/4,NW114, SEC.4,
T5N, R20E In City of Muskego, about 180’ north of east end of Silver Dr. on right bank of Jewel Creek.
3. The said Structure and appurtenances thereof shall be maintained in a good, safe and
2. The said Structure shall be located on the property of Licensor as shown on attached drawing
workmanlike manner.
4. The said Structure and appurtenances and all equipment and tools for the maintenance and use
thereof placed in or upon said described property shall remain the property of the Licensee and may be
removed by the Licensee at its own cost and expense at any time during the life of this agreement or any
renewal thereof, or within 90 days after the expiration of this agreement or any renewal thereof, or within a
reasonable time from date of receiving written notice from the Licensor to change the location of said
Structure and appurtenances or any part thereof upon the said described property. Upon removal or
relocation of said Structure and appurtenances the Licensee shall restore the described property to, as
nearly as possible, the same state and condition existing prior to the installation of said Structure and its
appurtenances.
5. Licensee agrees to cooperate to the extent allowed by law, in the submittal of all claims for
alleged loss, injuries, or damages to persons or property arising from the acts of Licensee’s employees,
acting within the scope of their employment. in the installation, use, maintenance, removal or relocation of
said Structure, appurtenances, equipment and tools pursuant to the Federal Ton Claims Act.
(28 U.S.C. sec 2671 et seq.)
6. As consideration for the rights and privileges granted herein, the Licensee shall pay to the
Licensor the sum of $ 0.00 upon presentation of bill therefor, subject to the availability of
appropriations by the Congress.
(2)
7. This agreement shall be come effective on the day and year first above written, and shall
continue in full force and effect until terminated by either Licensor or Licensee at any time on 30 days
written notice.
8. No Member of, or Delegate to, Congress or Resident Commissioner after his election or
appointment, either before or after he has qualified and during his continuance in office, and no officer, or
agent or employee of the Government, shall be admitted to any share of this agreement. or to any benefit
arising therefrom, but this provision shall not be constructed to extend to this agreement if made within a
corporation for its general benefit.
9. The Licensor warrants that he has not employed any person to solicit or secure this contract
upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty
shall give the Licensee the right to terminate the license, or, in its discretion, to deduct from the license
amount or consideration, the amount of such commission. percentage, brokerage, or contingent fees. This
warranty shall not apply to commissions payable by Licensor upon licenses secured or made through bona
fide established commercial or selling agencies maintained by the Licensor for the purpose of securing
business.
10. This agreement shall inure to the benefit of, and be binding upon, the successors, assigns, and
transferees of the parties hereto, including successors of the Licensee in control of the project or the
portion thereof affected by this agreement.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and
year first above written.
LICENSOR. LICENSEE:
NAME UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
ADDRESS City Of Muskego U. S. GEOLOGICAL SURVEY
W 102 South 8200 Racine Avenue
Muskego, Wisconsin 52150 By William J. Rose
Title Hydrologist
APPROVED:
1 ~ Water Resources Division
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