CCR2004144.
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REMOVED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #144-2004
APPROVAL OF DEVELOPER'S AGREEMENT AND
LETTER OF CREDIT AMOUNT
Janesville Road Medical Clinic
WHEREAS, A Developer's Agreement and Letter of Credit amount have been received
for the Janesville Road Medical Clinic; and
WHEREAS, The Finance Committee has reviewed the documentation and has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Developer's Agreement and Letter of
Credit amount for the Janesville Road Medical Clinic, as attached, are hereby approved
subject to approval of the City Attorney and City Engineer, all of said approvals to be
obtained within thirty (30) days of the date of approval of this Resolution or the same
will be null and void.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City, and that the
Mayor, in consultation with the City Attorney, may make any necessary technical
corrections.
DATED THIS DAY OF ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
Removed: 9/14/04
This is to certify that this is a true and accurate copy of Resolution #144-2004 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
9/2004jmb
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LAW OFFICES OF
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. EAST AVENUE
P.O. BOX 1348
WAUKESHA, WISCONSIN 53187-1348
Telephone (262)548-1340
Facsim ile (262)548-9211
Email: drn olter(ã?arn In r net
DALE W ARENZ
DONALD S. MOLTER, JR.
JOHN P. MACY,
COURT COMMISSIONER
H. STANLEY RIFFLE,
COURT COMMISSIONER
RICK D. TRINDL
ERIC J. LARSON
JULIE A. AQUAVIA
DYAN E BARBEAU
JOSEPH D. MELENDES
Septem ber 13, 2004
Via Em ail
Mr. Sean McMullen
Director of Engineering
CITY OF MUSKEGO
P.O. Box 749
Muskego, WI 53150-0749
Re: Janesville Medical Clinic Development
Dear Sean:
Per our correspond and telephone conferences of September 9th and 10th, 2004, you
are aware that it is my opinion that Resolution #144-2004 should be removed from the
agenda because it is my opinion that this public works project must be publicly bid and
we cannot approve a Developer's Agreement as attached to the Council agenda.
As we discussed, I believe that this project is distinguishable in that this development is
not subject to Chapter 236 of the Wisconsin Statutes or the City's land Division
Ordinance. We have reviewed and distinguished the Woods Road Candlewood Creek
project and agreement from this proposed project in that the Candlewood Creek project
involved incidental work outside of the subdivision and all agreements were entered
subject to Wisconsin Statute Chapter 236 which, in general, and in part, requires the
Developer to install necessary public improvements at their expense and then dedicate
them to the City.
In conclusion, in my opinion, this matter should be removed from the agenda and be
publicly bid by the City with prior agreements from the Developer if desired by the City
as to payment for the same in advance. If you have any further questions, please call.
Sincerely,
ARENZ, MOLTER, MACY & RIFFLE, S.C.
~o;u;,/J $. MoJJu, lit..
Donald S. Molter, Jr.
DSM/pw
cc: Mayor Mark A. Slocomb (Via Email)
Ms. Janice Moyer, Clerk (Via Email)