CCR2000215a COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #215-2000
APPROVAL OF AMENDMENT TO AGREEMENT BETWEEN
STEVEN AND CATHERINE ZMUDZlNSKl AND THE CITY OF MUSKEG0
WHEREAS, the City entered a certain Agreement dated June 13, 2000 with Steven
Zmudzinski and Catherine Zmudzinski, owners of property known as the Muskego
Movie-Plex at S67 W19491 Tans Drive, concerning certain improvements to this
property and payment for the same; and
WHEREAS, based on that Agreement, the City passed Final Assessment Resolution
#I 37-2000: and
WHEREAS, the total amount to be assessed pursuant to Resolution #137-2000 has not
yet been determined.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS, contingent on both owners
executing said amendment and waiver at a time satisfactory to the City:
1 The Common Council approves the attached Amendment to Agreement; and a 2. Final Assessment Resolution #137-2000 shall be amended pursuant to the
Amendment to Agreement: and
3. The Mayor and Clerk are authorized to enter said Amendment to Agreement on
behalf of the City.
DATED this 24th day of October 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 #215-2000 which
was adopted by the Common Council of the City of Muskego.
AMENDMENT TO 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
WHEREAS, said property is located in the City of Muskego, hereinafter referred to as
"City"; and
WHEREAS, the Owners and the City entered an Agreement dated June 13,2000
concerning improvements to said property and payment for said improvements; and
WHEREAS, the amount of payment for said improvements has not been finalized as
contemplated.
NOW, THEREFORE, BE IT RESOLVED, for valuable consideration acknowledged by
each party as follows:
1 Owners will execute at the time they enter this Amendment to Agreement of June
13,2000, an Amended Waiver of Special Assessment Notices and Hearings which
is attached hereto, made a part hereof and marked Exhibit "X" to reimburse the City
for said expenses. The City will adopt an Amended Final Assessment Resolution
based on Exhibit "X."
2. All other provisions of the Agreement dated June 13, 2000 remain unchanged and
in full force and effect.
..c c-"q
Catherine Zmudzinski
DATED this 1s~ day of tdoJt?rn&cER ,2000.
David L.= Angelis, Mayor
By:
K. Marenda, Clerk
EXHIBIT "X"
AMENDMENT TO
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.
IMle 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 $66.60, 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 $66.60, 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
IMle acknowledge that the assessment of $37,996.25 may be paid in cash in full on or
before November 1, 2001 or in fifteen (15) annl;al 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, 2001 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.
If the actual cost are not known prior to the time necessary to place the same on the
real estate tax bill November 1, 2001, said cost may be adjusted on tax bills in
subsequent years.
Signature of Owners:
Catherine Zrnudzinski
Dated: 6cr. 3 I. aooo