CCR2017026-Termination-MNSD
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #026-2017
APPROVAL OF CONTRACT TERMINATION AND AGREEMENT
BETWEEN CITY OF MUSKEGO (CITY) AND
MUSKEGO-NORWAY SCHOOL DISTRICT (DISTRICT)
WHEREAS, In August of 2003, the City and District entered into an Agreement for the
construction of athletic fields and an Agreement for the maintenance of athletic fields,
all said fields located on District owned property. These Agreements had no
termination dates; and
WHEREAS, In November of 2012, the City and District entered into a General Facility
Agreement, which covered the development and maintenance of various District
owned facilities and grounds, whereby the City provided financial assistance to the
District to accomplish the same. Said Agreement terminated on June 30, 2014; and
WHEREAS, With an addition to be made to the Mill Valley School Complex in 2017 by
the District, two of the three softball fields will be removed. Softball Field #3 will
remain intact. The City and District agree that the City shall take ownership of items
identified in Paragraph 4 of the attached Contract Termination and Agreement; and
WHEREAS, Pursuant to the Contract Termination and Agreement, the District will be
responsible for all future costs of development and maintenance of all facilities and
grounds owned by the District and referenced in the Contract Termination and
Agreement; and
WHEREAS, On March 20, 2017, the District Board approved the Contract Termination
and Agreement but made several changes thereto as depicted on the attached
Agreement; and
WHEREAS, The Finance Committee has reviewed the Contract Termination and
Agreement between the City and District and recommends approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Contract Termination and Agreement between the City of Muskego and
Muskego-Norway School District.
BE IT FURTHER RESOLVED That the Mayor is hereby authorized to execute the
Agreement in the name of the City.
BE IT FURTHER RESOLVED That the City Attorney is hereby authorized to make
such substantive changes to the provisions of the Agreement including any
attachments, as may be necessary, to correct inconsistencies, eliminate ambiguity
and otherwise clarify and supplement said provisions to preserve the general intent
thereof, and to prepare and deliver such other and further documents as may be
reasonably necessary to complete the transactions contemplated herein.
Resolution #026-2017 2
th
DATED THIS 28 DAY OF MARCH , 2017.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #026-2017 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
3/2017jmb