CCR2000174AMENDED
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #174-2000
APPROVAL OF SETTLEMENT AGREEMENT
BETWEEN PARKLAND VENTURE LLC AND
THE CITY OF MUSKEG0
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Services Committee, does hereby approve the attached
Settlement Agreement between Parkland Venture LLC and the City of Muskego
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the agreement in the name of the City.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer, in consultation with
the City's attorney, may make technical changes to the agreement.
DATED THIS 8th DAY OF Auqust ,2000.
SPONSORED BY:
PUBLIC SERVICES COMMITTEE
Ald. Patrick A. Patterson
Ald. William Le Doux
Ald. Chuck Wichgers
This is to certify that this is a true and accurate copy of Resolution #174-2000 which
was adopted by the Common Council of the City of Muskego.
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COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #174-2000
BE IT RESOLVED That t unci1 of the City of Muskego, upon the
recommendation of the Committee, does hereby approve the attached
Settlement Agreement d Venture LLC and the City of Muskego
BE IT FURTHER RES ayor and Clerk-Treasurer are authorized to
sign the agreement in the n
DATED THIS - ,2000
I SPONSORED BY:
PUBLIC SERVICES COMMITTEE
Ald. Patrick A. Patterson
Ald. William Le Doux
Ald. Chuck Wichgers
This is to certify that this is a true and accurate copy of Resolution #174-2000 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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SETTLEMENT AGREEMENT
&l, 3 -YA.
This Settlement Agreement (this “Agreement”) is entered into by and 1
Venture, LLC, c/o AD Enterprises, 701 1 Settlers Avenue, Wind Lake, Wiscon
Arthur D. Dyer, who resides at W208 S890l Hillendale Drive (“Dyer”), and tk
Muskego, whose offices are located at W182 S8200 Racine Avenue, Muskego
“City”), as of this - day of ,2000.
WHEREAS, Parkland Venture, LLC owns the real property located at S74 W17000
Janesville Road, Muskego, Wisconsin, Tax Key Parcel No. MSKC 2198.984 (the “Property”), on
which the remains of the former Parkland Mall (the “Mall”) are situated;
WHEREAS, the Mall structure has been vacant since January 1999 and has been partially
demolished by Parkland Venture, LLC,
WHEREAS, the City wants Parkland Venture, LLC promptly to complete the demolition
of the remaining Mall structures and the restoration of the Property to a condition suitable for
redevelopment;
WHEREAS, Parkland Venture, LLC and the City disagree over various matters relating
to the timing and related terms and conditions of completion of demolition of the remaining Mall
structures and the restoration of the Property, and each has contemplated litigation to resolve
their differences;
WHEREAS, Parkland Venture, LLC and the City mutually desire to compromise and
settle their disputes regarding the completion of demolition of the remaining Mall structures and
the restoration of the Property;
/
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by each of the parties, Parkland Venture, LLC, Dyer and the City
hereby agree as follows:
1, Parkland Venture, LLC and Dyer hereby each waives any claim that it or he may have
that the demolition permit issued to it or him by the City on or about January 20, 1999
is effective until January 20,2001 or any other date after the date of this Agreement
and each hereby waives any right to initiate, and each agrees not to initiate, any
litigation or any other proceeding against the City or any City departments, agencies
or officials to challenge the decision of the Deputy City Building Director, stated in a
letter to Dyer or Parkland Venture, LLC dated September 1, 1999, that such
demolition permit would expire on June 20,2000.
2. The City shall issue to Parkland Venture, LLC a demolition permit dated as of June
30,2000, the form of which is attached hereto as Exhibit I and incorporated herein by
reference, which shall expire on December 3 1,2000.
3. At Parkland Venture, LLC’s sole cost, Parkland Venture, LLC shall commence the
demolition of the remaining Mall structures in a substantial fashion on or before
October 16,2000, and shall thereafter diligently proceed to complete the demolition
of the remaining Mall structures and the restoration of the Property without
significant pause and as rapidly as is reasonably practicable, and shall not later than
December 3 1,2000, complete such demolition and restore the Property to a condition
suitable for redevelopment, to the reasonable satisfaction of the City Building
Director.
4. In the event that Parkland Venture, LLC fails, for any reason whatsoever, to
commence demolition of the remaining Mall structures in a substantial fashion on or
before October 16,2000, or to proceed diligently and without significant pause to
complete such demolition and the restoration of the Property as rapidly as is
reasonably practicable, or to complete such demolition and to restore the Property to a
condition suitable for redevelopment, to the reasonable satisfaction of City Building
Director, on or before December 31,2000, the City Building Director or the City
Common Council may immediately issue a razing order pursuant to section 66.05 of
the Wisconsin Statutes, the form of which is attached hereto Exhibit 2, and which is
incorporated herein by reference (the “Razing Order”). Upon issuance of the Razing
Order, and upon the award of a contract or contracts to complete the demolition of the
remaining Mall structures and/or to restore the Property to a condition suitable for
redevelopment after competitively bidding the project(s) in accordance with
paragraph 6 of this Agreement, the City may immediately commence work on such
demolition and/or restoration project(s).
5. Parkland Venture, LLC hereby waives any service or notice of the Razing Order, and
hereby waives any right to litigate or otherwise challenge the Razing Order or its
issuance on any grounds whatsoever, and hereby agrees that Parkland Venture, LLC
shall not litigate or challenge the Razing Order to its issuance on any grounds
whatsoever.
6. In the event the City Common Council or the City Building Director issues the
Razing Order pursuant to paragraph 4 of this Agreement, the City shall competitively
bid the demolition and/or restoration project(s) in accordance with the requirements
of Section 62.15 of the Wisconsin Statutes, whether or not such statute is strictly
applicable.
7. In the event the City issues a Razing Order pursuant to paragraph 4 of this Agreement
and proceeds to incur any expenses in connection with any project(s) to complete the
demolition of the remaining Mall structures andor to restore the Property to a
condition suitable for redevelopment, the City may, in addition to all other available
remedies, charge the full project costs to the Property as a special charge pursuant to
Wis. Stats. 5 66.60(16). Parkland Venture, LLC hereby waives any notice or hearing
of any such special charge, and waives any right to litigate or otherwise challenge
such special charge on any grounds whatsoever, provided that the demolition andor
restoration project was competitively bid in compliance with the requirements of
Section 62.15 of the Wisconsin Statutes pursuant to paragraph 6 of this Agreement.
8. This Agreement shall constitute a covenant running with the land constituting the
Property, the legal description of which is set out on the attached Exhibit 3, which is
incorporated by reference, and shall be binding on Parkland Venture, LLC and the
City and their respective successors, assigns, heirs, executors and personal
representatives, and shall be enforceable by the City or the City Building Director.
9. This Agreement is the complete agreement of the parties with respect to the matters
dealt with herein, and no oral or written agreements, promises or representations
leading up to this Agreement shall have any force or effect.
IO. This Agreement shall be interpreted as though jointly drafted by Parkland Venture,
LLC, Dyer and the City.
1 1. This Agreement shall be executed in three duplicate originals, one for each party, and
may be recorded by any party.
PARKLAND VENTURE, LLC
By Arthur D. Dyer
CITY OF MUSKEG0
By:
David L. De Angelis,
Mayor
Attest:
Jean Marenda,
Clerk
STATE OF WISCONSIN )
WAUKESHA COUNTY ) )SS
The foregoing Agreement was acknowledged before me this - day of
,2000, by Arthur D. Dyer as of Parkland
Venture, LLC
Notary Public, State of Wisconsin
My commission expires:
STATE OF WISCONSIN )
WAUKESHA COUNTY )
)SS
The foregoing Agreement was acknowledged before me this - day of
,2000, by Arthur D. Dyer.
Notary Public, State of Wisconsin
My commission expires:
STATE OF WISCONSIN )
WAUKESHA COUNTY ) )SS
i
0
The foregoing Agreement was acknowledged before me this - day of
,2000, by David L. De Angelis and Jean Marenda, as Mayor and Clerk
of the City of Muskego, respectively.
.ed This Ameem lent H
41 <East Wisconsk Avenue
Milwaukee, WI 53202
Notary Public, State of Wisconsin
My commission expires:
by James H. Baxter 111
of Ouarles & Bradv LLP
I
City of Muskego
Building Inspection Department
W182 58200 Racine Avenue BOX 749 * Muskego. WI * 679-4110
PERMIT
Application Number ..... 00-00001298 Date 8/08/00
Property Address ...... S74 W17000 JANESVILLE RD
Tax Key Number ....... 21.98984 Application description ... DEMOLITION ALL OTHER BUILDINGS - 649
Property Zoning ....... HIGHWAY BUS./PLANNED DEV.
Owner address C/O AD ENTERPRISES
Property owner PARKLAND VENTURE LLC
.......................................
.......
........
WIND LAKE
7011 SETTLER AVENUE
WI 53185
0
Contractor ......... OWNER
Permit ...... WRECKING/RAZING PERMIT
Additional desc . .
Permit Fee .... .oo
12/31/00 Expiration Date . .
Special Notes and Comments
CONDITIONS OF APPROVAL:
1. ALL WORK TO COMMENCE ON OR BEFORE
OCTOBER 16, 2000.
2. ALL RESTORATION TO BE COMPLETED BY
DECEMBER 31, 2000.
3. SILTFENCING SHALL BE INSTALLED ALONG
THE DOWNSLOPE IN ACCORDANCE WITH
WISCONSIN BEST MANAGEMENT PRACTICES
AND IN ACCORDANCE WITH CHAPTER 29,
TO THE SATISFACTION OF THE CITY
EROSION CONTROL INSPECTOR.
4. PERMIT CONDITIONS SHALL REFLECT THE
APPROVED SETTEMENT AGREEMENT.
......................................
Issue Date .... 6/30/00 Valuation .... 0
......................................
Fee summary Charged Paid Due """"""""_ """"" """"" """""
Permit Fee Total .oo .oo .oo
......................................
*IMPORTANT* Inspections Are Required For This Construction.
All insoections shall be called in a minimum
of 24 hburs in Hrs. 8am - 4:30pm
Authorized Signature ------