CCR2000124AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #124-2000
APPROVAL OF AGREEMENT BETWEEN
STEVEN AND CATHERINE ZMUDZlNSKl AND THE CITY OF MUSKEG0
WHEREAS, The City wishes to enter an Agreement with Steven Zmudzinski and
Catherine Zmudzinski, owners of property known as the Muskego Movie-Plex at S67
W19491 Tans Dr., as attached; and
WHEREAS, If the water detention facility, storm water facility and landscaping on the
property are not immediately completed, repaired and reconstructed, the public and
public facilities are threatened with harm and damage creating an emergency situation
in many respects including but not limited to: failures to comply with local and federal
regulations related to the Clean Water Act, destruction of public and private properties
due to excess storm water discharge and sedimentation, and
WHEREAS, The City has determined that this project is not public construction as
defined by Wisconsin law. but if in fact it is determined at some later date that this
project was public construction as defined by Wisconsin law, the City hereby
determines pursuant to Wis. Statute 62.15 (Ib) that this work is necessary for repair
and reconstruction in which the public health or welfare of the City is in danger, as
stated above.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Agreement, as amended, with Steven Zmudzinski and Catherine Zmudzinski
relating to the Muskego Movie-Plex property at S67 W19491 Tans Drive.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
DATEDTHIS 1st OF June ,2000.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #124-2000 which
was adopted by the Common Council of the City of Muskego.
5/2000jmb
COMMON COUNCIL - CITY OF MUSKEG0 :r’ ,
RESOLUTION #124-2000 , \ -” )
APPROVAL OF AGREEMENT BETWEEN
STEVEN AND CATHERINE ZMUDZINSKI AND THE CITY OF MUSKEG0
WHEREAS, The City wishes to enter an Agreement with Steven Zmudzinski and
Catherine Zmudzinski, owners of property known as the Muskego Movie-PI& at S67
W19491 Tans Dr., as attached; and
/’
WHEREAS, If the water detention facility, storm water facility and
property are not immediately completed, repaired and
public facilities are threatened with harm and damage creating ademergency situation
in many respects including but not limited to: failures to comply’with local and federal
regulations related to the Clean Water Act, destruction of public and private properties
due to excess storm water discharge and sedimentation, and’
WHEREAS, The City has determined that this project .is not public construction as
defined by Wisconsin law, but if in fact it is determin#d at some later date that this
project was public construction as defined by Wisconsin law, the City hereby
determines pursuant to Wis. Statute 62.15 (lb) that this work is necessary for repair
and reconstruction in which the public health or welfare of the City is in danger, as
stated above.
//
/.
NOW, THEREFORE, BE IT RESOLVED Common Council of the City of
Muskego, upon the recommendation of the dnance Committee, does hereby approve
the Agreement with Steven Zmudzinski and Catherine Zmudzinski relating to the
Muskego Movie-Plex property at S67 W19491 Tans Drive.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement ,ig the name of the City. /
DATED THIS OF i
I/ I 2000.
4
SPONSORED BY:
This is to cert
was adopted
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
/ is a true and accurate copy of Resolution #124-2000 which
Council of the City of Muskego.
5/2000jmb J Clerk-Treasurer
0 AGREEMENT
WHEREAS, Steven Zmudzinski and Catherine Zmudzinski, hereinafter referred to as
"Owners," are the sole owners of property known as the Muskego Movie-Plex and
more specifically described on Exhibit "1" attached hereto and made a part hereof;
and
WHEREAS, said property is located in the City of Muskego, hereinafter referred to
86 "City"; and
WHEREAS, the owners planned on developing said property in compliance with
agreements made with the City, promises made to the City and in accordance with
all applicable approvals, rules, laws, ordinances and regulations of the City and all
other applicable governmental bodies; and
WHEREAS, Owners are in default as to said agreements, promises and as to
governmental regulations referred to above; and
WHEREAS, Owners claim they are financially unable to comply with their
obligations stated above; and
WHEREAS, if the water detention facility, storm water facility and landscaping on
and public facilities are threatened with harm and damage creating an emergency
situation in many respects including, but not limited to: failures to comply.with local
and federal regulations related to the Clem Water Act, destruction of public and
private properties due to excess storm water discharge and sedimentation; and
WHEREAS, the Owners wish to correct this situation as soon as possible.
0 the property are not immediately completed, repaired and reconstructed, the public
NOW, THEREFORE, BE IT RESOLVED, for valuable consideration acknowledged by
each party as follows:
1. The Owners consent to the City drawing all funds remaining in a certain
Letter of Credit in the approximate amount of $28,286.75 dated April 1,
1999, a copy of which is attached hereto, made a part hereof and merked
Exhibit "2," and to use the same towerds payment for improvements secured
by said documents and the subject of this agreement.
2. The improvements to be made by the Owners pursuant to their agreements
with the City and promises to the City and secured by Exhibit "2" are
described in more detail in Exhibit "3" attached hereto and made a part
0 hereof.
3. The City will forthwith, at Owners expense, make said improvements, repairs
and reconstruction and Owners shall reimburse the City for the sama in any
!
0
4.
5.
6.
amounts over and above the amount drawn from the Letter of Credit
including all incidental costs incurred by the City including, but not limited to,
administration costs associated with the improvements, repair and
reconstruction including, but not limited, to legel end engineering expenses.
The total anticipated costs ere estimated to be $66,283.00 less $28,286.75
for e remaining total of approximately $37,996.25.
Owners will execute at the time they enter this agreement a Waiver of
Special Assessment Notices and Hearings which is attached hereto, made a
part hereof and marked Exhibit "4," to reimburse the City for said expenses.
The City will adopt e Final Assessment Resolution based on Exhibit "4."
Owners have executed the attached document dated 5/15/00 which is
attached hereto, made a part hereof and marked Exhibit "5," for permission
of the City, its employees and contractors to enter the property to do the
work which is the subject matter of this agreement; that by executing this
agreement, the Owners consent to the entry of the employees, workmen,
agents or independent contractors of the City for end incidental to the repair
and reconstruction of all improvements which ere the subject matter of this
agreement.
e DATED this
day of , 2000.
Steven Zmudzinski
Catherine Zmudzinski
DATED this day of , 2000.
CITY OF MUSKEG0
By:
David L. De Angelis, Mayor
Jean K. Merende, Clerk
-2-
EXHIBIT " 1 "
Legal Description
Parcel 1 CSM 8390 V72/272
PT NE1/4 of SEU4 and NEU4 of SW1/4
SEC 5 T5N R 20E
IC2623194 WD 3/98
0'
Lincoln State Bank
Letter of Credit N0.:10242 mount: SIOBJ40.00
Data:Anri11.11)99 Expiry Date:
Applicant: Steven hudzinski Project: Mukcgo Movie-Plsx
Catherine Zmudzinski S67 W19491 Tsns Dr.
W237 S8040 Highland Drlvc Muskego. WI 53 I SO
Bis Bend, W 53103-9613
Bcneflclary: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53 150
Dear Sirs:
We hereby issue this irrevocable docurnenrary credir in your. fnvor which is
available by beneficiary's dra!l(s) at sight drawn on LINCOLN STATE BANK.
Each draft accompanying documents must stm Drnwn Under LINCOLN STATE
BANK Documentary Credit No. 10242.
This Standby Credit is to provide a guarantee to the City of Muskego for the
performance of Steven and Catherinc ZrnudzinskiZmudzinski Inc.'s. obligations
under that cermin agreement dated April 1. 1999 between the City of Muskego
and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that Steven end
Catherine ZmudzinskilZmudzinski Inc., failed to complete the construction of
nubdivision improvements in accordance with said Agreement. Said statement
shall set forth the estimated amount necessary for the City of Muskego IO
complete such improvements.
SPECIAL CONDITIONS:
This Standby Credit shall telminate on April 1. 2000. provided, however.
LINCOLN STATE BANK shall give written notice to the beneficiary of its
inrention to terminate this Standby Credit at 90 days prior 10 April I. 2000. Aner
i
tho &le. this kner of Credit can only terminate upon 90 day0 written notice to
the bcneflcinry.
It is hemby aped by all pnrties hsmto that the reference LO “Agrcoment” is for
identification purposes only and such referenee shall not be construed in any
manner to require LINCOLN STATE BANK, to inquiro into its term and
obligations.
We cn#age with you that drafts bwn under and in compliance with the terms of
this cndlt will be duly honored If prexnted on.or before the expiration date. This
original Standby Credit must be submiaed to us together 4th MY drawinp
hereunder for ow endorsement of MY payments effected by us and/or for
CMncCh~Olu.
Very TNIY Youn,
LINCOLN STATE BANK
Vice President
SEE ATTACHMENT“A”
AlTACKMENT 'A" TO LETTER OF CREDIT NO. 10242
THE FOLLOWIN0 IS A LISTINO OF THE ITEMS THAT WL BE
COVERED UNDER LE- OF CREDIT NO. 10242:
LANDSCAPING: S 29,000.00 S 29,000.00 (city's mqrcest thie bc doublod)
TANS DRIVE ISLAND: S 4.000.00
STREET LIOHTS: S 5,000.00
RETENTION POND: S 32,500.00
EXTERIOR PAMTINO: S 9,040.00
Oerald F'usek, Vice President
EXHIBIT ’‘ 3 ”
2. Import fldd run lopeoll IO tlto
1, Rough and Plnlsh Ondlng of all dieturbed area8
3. lnlullatlon of Bud, fortlllmr md mulch
4. lnatsllntlon of eroaion blmlrstlna on slope8 gmstor than 5%
5. Rsplssemenr ofwslvs (12) dx foot tall pino trees
6. Insmllsrloa of S11t fenclng a1on.q pbrlmstor of site
7. Dredplng of mtentlon ponds 10 orlEind elevaflons
EXHIBIT “4”
WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARINGS
UNDER §66.60(18), WISCONSIN STATUTES
In consideration of the construction by the City of Muskego, Wisconsin of the following
proposed improvement described as: completion of erosion control detention pond,
maintenance and establishment of substantial grass growth.
l/We the undersigned, hereby admit that this improvement will benefit our below
described property in the City of Muskego and consent to the levying of special
assessments against our premises under 566.60, Wisconsin Statutes, for the cost of
this improvement.
In accordance with §66.60(18), Wisconsin Statutes, we hereby waive all special
assessment notices and hearings required by 566.60, Wisconsin Statutes, and we
further agree and admit that the benefit to our property from the construction of such
improvement is equal or greater than the cost thereof.
Description of Premises: (Tax Key #) MSKC 2180.994.001
l/We acknowledge that the assessment of $37,996.25 may be paid in cash in full on or
before November 1, 2000 or in fifteen (1 5) annual installments to the City Treasurer,
installment payments to bear interest at the rate of 8% per annum on the unpaid
balance commencing on November 1, 2000 and said first installment being due on the
date when real estate taxes are due and annually thereafter All assessments or
installments which are not paid by the date specified shall be extended upon the tax roll
as a delinquent tax against the property and all proceedings in relation to the collection,
return and sale of property for delinquent real estate taxes shall apply to such special
assessment, except as otherwise provided by statute.
If the actual cost of the City of Muskego are greater than herein stated or less than
herein stated, with no further notice, the City of Muskego shall amend the Final
Assessment Resolution to reflect said changes.
Signature of Owners:
Dated:
e WAIVER OF SP UNDER 566.60(18), WISCONSIN STATUTES
I
In consideration of the construction by the City of Muskego, Wisc
following proposed impro
1 detention pond, maintena
I/We the undersigned, he
described property in the City of Muskego and consent to t
assessments against our Utes, for the cost
of this improvement,
In accordance with 566.
assessment notices and hearings required by 566.6 sconsin Statutes, and we
further agree end admit
such improvement is eq
Description of Premises
I/We acknowledge that the assess ,996.25 may be paid in cash in full
on or before November 1, 2000 or annual instellments to the City
Treasurer, installment payments to rest at the rate of 8% per annum on
the unpaid balance com
being due on the date when real es es are due and annually thereafter All
essessments or installments which
extended upon the tax
proceedings in relation
provided by statute.
If the actual cost of th
herein stated, with no
Assessment Resolutio
I
I
0
I
1 real estate taxes shall
I Signature of Owners: /