CCR2000205COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #205-2000
APPROVAL OF REVISED 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 attached Settlement Agreement replaces the
Settlement Agreement as previously approved through Resolution #174-2000.
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 10th DAY OF October , 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 #205-2000 which
was adopted by the Common Council of the City of Muskego.
lO/OOjmb
I
OCT 06 2000 14:24 FR QURRLESXBRRDY LLP 30N414 277 5374 TO 12626795614 P. 02m3
SETTLEMENT AGREEMENT
This Settlement Agreement (this “Agreement”) is entered into by and between Parkland
Venture LLC (“Parkland”), c/o AD Enterprises, 701 1 Settlers Avenue, Wind Lake, Wisconsin
53185, and Arthur D. Dyer. who resides at 701 1 Settlers Avenue, Wind Lake, Wisconsin 53 IS5
(“Dyer”), and the City of Muskego, whose offices sre locared at W182 S8200 Racine Avenue,
Muskego, Wisconsin (the “Ciry”). as of this - day of ,2000.
WHEREAS, Parkland owns the real property located a1 S74 W 17000 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 sltuated;
WHEREAS, the Mall building has been vacant sincc January 1999 and has been partially
demolished by Parkland;
0. WHEREAS. the City wants Parkland promprly to complete the demolifion of the
remaining structures of the Mall building and the restoration of the Property to a condirion
suitable for redevelopment (for the purposes of this Agreement “suitabk for redevelopment”
shall mean that all combustible materials shall be removed From the site, that the concrete block,
mOKU, water reservoir structure and concrete flooring shall be broken into small pieces, that the
foundations of the exterior walls shall be removed to a depth of at least 24“ and broken into small
pieces, that all basement walls and footings shall be removed and broken into small pieces, that
individual 12” bricks shall be the largest pieces.permitted in the rubble remaining on-site, that all
asbestos matenals shall be removed and hauled away to a legally licensed landfill. and that the
building pad area shall be reasonably leveled after demolition).
QBMUM62b467.3
OCT E6 2000 14:25 FR QUQRLESXERRDY LLP 30N414 277 5374 TO 12626795614 P ,03/08
WHEREAS, Parkland and the City disagree over various matters relating to the timing
and related terms and conditions of completion of demolition of the remaining structures of the
Mall building and the restoration of the Property, and each has contemplated litigation to resolve
their differences;.
WHEREAS, Parkland and the City mutually desire to compromm and settle thei:
disputes regarding the completion of demolition of the remaining structures of the Mall building
and the restoration of the Property;
NOW, THEREFORE, for good and valuable consideration. the receipt and sufficiency of
wtuch is hereby acknowledged by each of the parties, Parkland, Dyer and the City hereby agree
as follows:
I. Parkland and Dyer hereby each waives any claim that il or he may have that the
0 demolirion permit issued to it or him by rhe City on or about January 20. 1999 is effective until
January 20.2001 or any other date after the date ofthis Ageernent and each hereby waives any
right to initiate, and each agees not lo 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 dated September I, 1999, that such
demolition permit would expire on June 20,2000,
2. The City shall issue to Parkland a demolition permit dated as of June 30, 2000,
the form of which is attached hereto as Exhibit 1 and incorporated herein by reference, which
shall expire on December 31,2000.
3. At Parkland's sole cost. Parkland shall commence the demolition of the remaining
Structures of the Mall building in a substantial fashion on or before October 16,2000, and shall
2
OCT 06 2000 14:26 FR QURRLESXBRADY LLP 30N414 277 5374 TO 12626795614 P. 04/08
thereafter diligently proceed to complete the demolition of such structures and the restoration of
the Property to acondition suitable for redevelopment without significant pause and as rapidly as
is reasonably practicable, and shall, not later than December 31,2000, complete such demolition
and restore the Property to a condition suitable for redevelopment, to the satisfaction of the City
Building Director. The City Building Director’s satisfaction with the demolition and restoration
of the Property to a condition suitable for development shall not be unreasonably withheld or
conditioned, and nothing in this Agreement shdl be consrmed as prohbiting Parkland from
litigating or otherwise challenging any withholding or conditioning of the City Building
Director’s satisfaction with the demolition or restoration of the Property which Parkland beliews
is unreasonable.
4. In the event that Parkland fails, for any reason whatsoever, to commence
demolition of the remaining structwcs of the Mall building in a substantial fashion on or before
October 16,2000, or to proceed diligently and without signfican! pause to complete such
dcmolition and the restoration of the Propep to a condition suitabie for redevelopment as
rapidly as is reasonably practicable, or to complete such demolition and such restoration to the
satisfaction of the 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 as 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 structures
of the Mall building 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
Q8”4624467.3 3
may immediately commerlce work on such demolition and/or restoration project(s).
5. Parkland hereby waives any service.or notice of the Razing Order required by
Section 66.05 of the Wisconsin Statutes, and hereby waives my right to litigate or otherwise
challenge the Raiing Order or its issuance on any grounds whatsoever, and hereby agrees that
Parkland shall not litigate or challenge the Razing Order or its issuance on any grounds
whatsoever. Notwithstanding the foregoing waiver of statutory notice, the City shall promptly
mail a copy of the Razing Order to Dyer's attorney, hchard A. Frederick, 1840 North Farwell
Avenue, Milwaukee, Wisconsin 53202 by first-class mail.
6. In the event the City Common Council or the City Building Director issues the
Razing Order pursuant to paragraph 4 of this Agreement, and the City undertakes any demolition
or restoration projects pursuant thereto, the City shall competitively bid any such demolition
andor restoration project(s) In accordance with the requirements of Section 62.15 of the
Wisconsin Statutes, whether or not such statute is strictly applicable.
0
I In the event the City issues a Razing Order pursualt to paragraph 4 of this
Agreement and proceeds to incur any expenses in connection with any project(s) to complete the
demolition of the remalning structures of the Yvlall building andior to re.store 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. 4
66.60(16). Parkland hereby waives any notice or hearing of any such special charge, and waives
my right to litigate or otherwise challenge such special charge on any gounds whatsoever, and
agrees that il shall not litigate or otherwise challenge such special charge on any grounds
whatsoever, provided that the demolition and/or restoration project was competitively bid in
QBMKE"1bl44b7.1 4
OCT El6 2000 14:27 FR QURRLESBBRADY LLP 30N414 277 5374 TO 12626795614 P .El6/BR
compliance with the requirements of Section 62.15 of the Wisconsin Statutes pursuant to
paragraph 6 of hs Agreement.
8. This Agreement shall be construed as a covenant running with the land
constituting the Property, the lzgal description of which is set out on the anached Exhibit:?;'
which is incorporated herein by reference, and shall be binding on Parkland and the City and
their respective successors, assigns, heirs, executors and personal representarives, and shall be
enforceable by the City or the City Building Director.
9. Parkland and Dyer each represent and warrant to the City that Parkland is the sole
fee simple owner of the Property.
10. Dyer represents and warrants to the City that he is ddy authorized to act on behalf
of Parkland in connection with this Agreement and to bind Parkland to this Agreement.
11 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.
12. Ths Agreement shall be interpreted as though jointly drafted by Parkland, Dyer
and the City.
13. This Agreement shall be executed in three duplicate originals, one for each party,
and may be recorded by any parry.
5
OCT 06 2000 14:28 FR QUFIRLES8BRFIDY LLP 30N414 277 5374 TO 12626795614 P .07/08
PARKLAND VErn LLC
By:
Arthur D. Dyer, Member
ARTHUR D. DYER
CITY OF MUSKEGO
BY: -
David L. De .hgelis. Mayor
Anest:
Jean Marenda. Clerk
STATE OF WISCONSIN )
) ss
COLWY )
The foregoing Agreement was acknowledged before me this - day of
2000, by Arthur D. Dyer as duly authorized member of Parkland Venture LLC. -
Notary Public, State of Wisconsin
My commission expires:
QB.wcN61U67.1 6
STATE OF WISCONSIN )
The foregoing Agreement was acknowledged before me this - day of
2000, by Arthur D. Dyer.
Notary Public. State of Wisconsin
My commission expires:
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.
Notary Public, State of Wisconsin
My commission expires:
This Agreement was drafted
by James H. Baxter 111
of Quarles & Brady LLP
41 1 East Wisconsin Avenue
Milwaukee, WI 53202
0 QBMKN624467.J 7