CCR2004185.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #185-2004
APPROVAL OF AGREEMENT BETWEEN
THE CITY OF MUSKEGO AND
ILLINGWORTH CORPORATION (BANK ONE CORPORATION)
FOR THE JANESVILLE ROAD SEWER EXTENSION
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
approve the attached Agreement between the City of Muskego and Illingworth
Corporation for the Janesville road sewer extension.
BE IT FURTHER RESOLVED That the Mayor, in consultation with the City Attorney,
may make any necessary technical changes to the Agreement.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in the name of the City.
DATED THIS 9th DAY OF November ,2004.
SPONSORED BY
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #185-2004 which
was adopted by the Common Council of the City of Muskego.
11/2004jmb
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AGREEMENT
This Agreement is entered into this day of , 2004, by and
between the City of Muskego, a municipal corporation organized under the laws of the
State of Wisconsin, hereinafter referred to as "City", and Illingworth Corporation, a
Wisconsin Corporation, hereinafter referred to as "Illingworth", the owner of property
known as Bank One Corporation 569 W15612 Janesville Road, within the City of
Muskego. This Agreement is entered into for the purpose of providing an agreement
between the parties whereby Illingworth would dedicate financial aids in aid of
construction for a municipal sewer system expansion in the City to serve two properties
at S69 W15612 Janesville Road and S69 W15636 Janesville Road as at the present
time it is served by a holding tank and any other municipal purpose.
Now, therefore, for valuable consideration acknowledged by each party, it is agreed as
follows:
1. Illingworth agrees to contribute the sum of $95,000.00 upon execution of this
Agreement to the City for the engineering, construction and related costs of an
expansion to the City's sewer system and, in addition thereto, agrees to assign
free and clear of all encumbrances in a form acceptable to the City all easements
necessary for this improvement. Illingworth's responsibility for costs related to
said expansion includes all incidental expenses to the City, such as additional
engineering, legal and administrative expenses and the connection fees for any
of the properties listed below. If the costs referred to above to the City exceeds
the amount of $95,000.00, the City shall bill Illingworth for said additional costs
and they shall be paid within 30 days of mailing of said bill.
2. The monies as herein provided by Illingworth will be used for construction of
sewer improvements as more specifically referred to on Exhibit A attached hereto
and made a part hereof to provide service to the following described properties
as referred to below:
. Bank One NA S69 W15612 Janesville Road
. Waukesha Medical Clinic 569 W15636 Janesville Road
3. The amount of Illingworth's contributions in Paragraph No.1 above contemplates
laterals to the property line of all of the properties identified in Paragraph No.2
above.
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4. That as to all of the properties listed as a part of Exhibit A, Illingworth will pay the
RCA Assessment which would be due from each property when due pursuant to
the final RCA Assessment Resolution which has been adopted as to these
properties.
5. Any future residences or businesses not listed as a portion of Exhibit A will be
responsible to pay assessments, connection fees, similar charges and lateral
installation where appropriate for connection to the City sewer system. It is
specifically agreed that Illingworth assumes no responsibility for the costs of
connection of future residences or businesses in the area defined in Paragraph
No.2.
6. The parties hereto agree that Illingworth shall not be held responsible for the
design, construction or installation of the expanded City sewer system, nor shall
Illingworth be held responsible for any operation problems arising thereafter by
virtue of Illingworth's contribution to the sewer system.
7. That all of the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, representatives, successors
and assigns.
8. That the City's obligations under this Agreement are contingent upon their
obtaining the approval of the Wisconsin Department of Natural resources and
any other necessary governmental agencies for this project and obtaining a
contract or contracts for construction of said sewer system which are acceptable
to the City. If any contingency stated in this paragraph is, in the sole opinion of
the City, not met, the City, at its option, may declare this Agreement null and void
and all monies paid by Illingworth not expended by the City shall be refunded or if
the City has incurred additional costs, Illingworth shall pay the same forthwith.
9. Illingworth understands that this will be a publicly bid project. After the City
opens the bids for this project, but prior to the City's award of the construction
contract, if the total estimated cost of the project is more than 10% above
$95,000.00, Illingworth shall have 15 days after receipt of notice from the City to
notify the City in writing that it does not wish to proceed with the project. If the
City receives no such notice in writing in the time allowed, time being of the
essence, the City may award the construction contract and Illingworth will be fully
obligated to all of the requirements of the agreement.
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10. Illingworth Corporation and Waukesha Medical Clinic, who will also be served by
this municipal sewer improvement have previously entered into an agreement for
Waukesha Medical Clinic to reimburse Illingworth for a certain portion of the cost
of this sewer line and this has been negotiated with no City involvement.
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
By:
By:
Janice Moyer, Clerk
By:
DATED: DATED:
Exhibit "A"
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S69 W15612
.\ Janesville Road
S69 W15636
Janesville Road
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