CCR2007064COMMON COUNCil - CITY OF MUSKEGO
RESOLUTION #064-2007
APPROVAL OF PARTNERS FOR FISH AND WilDLIFE
HABITAT DEVELOPMENT AGREEMENT
(Engel Conservation Area)
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve an Agreement
between the City of Muskego and U.S. Fish and Wildlife Service for restoration of 5.5
acres of wetland area.
BE IT FURTHER RESOLVED That the Mayor is hereby authorized to execute the
necessary documentation in the name of the City.
DATED THIS 27th DAY OF March ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #064-2007 which
was adopted by the Common Council of the City of Muskego.
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This Agreement between
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Wildlife Service (Service) is .horized by t Fish and Wildlife Coordination Act, 16 D.S.C. Sections
661-666c and the Fish and Wildlife Act of 1956, 16 D.S.C. 742a-j. The Service and the Cooperator(s)
agree to carry out certain wildlife management practices and habitat developments on land owned by the
Cooperator(s) as described in the attached Project Plan and identified on the on the attached map and/or
aerial photograph.
The Cooperator(s) agrees.to join as a participant in a wildlife habitat development program and grants to
the Service the authority to carry out wildlife habitat developments, or agrees to personally carry out
wildlife habitat development and management activities with financial or material support, as described in
the Project Plan. Any supplies, equipment or direct payment ITom the Service to the Cooperator(s) for
carrying out the wildlife habitat developments are also listed in the Project Plan.
The Cooperator(s) further agrees:
1. To assume responsibility for securing federal, state and local permits needed to carry out the
proposed habitat development project.
2. To allow the wildlife habitat development project described in the Project Plan to remain in place
for a period of It) years from the date oflast signature on this Agreement.
3. To allow the Service or its representatives reasonable access to the described property for the
period of this Agreement in order to complete the agreed upon habitat development project and to
make periodic inspections of the habitat development for program monitoring purposes.
4. To notify the Service in writing at least 30 days before closing of any planned sale or other change
in the ownership of the described property.
5. To complete all cooperator(s) responsibilities as listed in Section III of the Project Plan.
The Service assumes no authority over the described property for purposes of controlling trespass, for
contrQlling noxious weeds, for identifying or removing pre-existing hazards including waste materials, for
granting rights of way, or for any other incidents of ownership. The Service also assumes no liability for
property damage or injuries to people not caused by its own negligence, and any claims shall be processed
in accordance with the Federal Tort Claims Act. The Cooperator(s) shan own all of the completed or
installed developments and shall be solely responsible for paying all taxes and assessments on the
described property.
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This Agreement may be modified at any rime by mutual written consent of the parties. It may be
terminated by either party upon 30 days advance ~tten notice to the other party. However, if the
Cooperator(s) temrinates the Agreement before its expiration, or lithe Cooperator(s) should fail to
maintain the wildlife habitat development for the length of the Agreement, then the Cooperator(s) agrees to
rein1burse the U.S. Fish and Wildlife Service prior to final termmation for the pro-rated costs of all habitat
development projects 'placed on the descnòed land through this Agreement For these purposes the total
cost of the development projects to the United States are agreed to be $ ~ 3 <<Dc.>.
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COOPERATOR(S) U.S. FISH AND WlLDLIFE SERVICE
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Partners for Pi and Wildlife Biologist .
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Agreement No. 327~67 -06 58.
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