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FC032321packetCITY OF MUSKEGO FINANCE COMMITTEE AGENDA 03/23/2021 5:45 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC MEETING NOTICE APPROVAL OF MINUTES March 9, 2021 FCM03092021.docx LICENSE APPROVALS Recommend Approval of Operator Licenses OPLIC20210323.docx Recommend Approval of Change of Agent (Sarah Drezdzon) for "Class A" Liquor License held by Ultra Mart Foods, LLC (d/b/a Pick 'n Save) Recommend Approval of a "Class C" Dance Hall License and a "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor for Wisconsin Youth Sports Association (d/b/a Sport Development), Nicole Lutz Agent, located at W160 S6369 Commerce Drive WI Youth Sports Assoc-Map.pdf NEW BUSINESS Recommendation to Terminate Tax Incremental Districts Numbers 8 and 9 Staff Memo - TID Termination FC 03-23-21.pdf Recommend Approval of Developer's Agreement for PEGARL LLP Staff Memo-PEGARL LLP DA.docx PEGARL-Berg DA 03052021 Final.pdf Recommend Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz) Letters regarding disallowance of claims.pdf Recommend Award of Bid for 2021-2022 Parks, Boulevards, Terraces and Facility Landscaping and Game Day Field Preparation Staff Memo-Award of Bid for Parks, et al (2021-2022 )-.docx 1 Contract (3-16-21).pdf Bid Summary.pdf Recommend Approval of Facilities Use Agreement between the Muskego-Norway School District and the City of Muskego Facilities Use Agreement.pdf Recommend Approval of Cobblestone Court Developer's Agreement Staff Memo-DA-Cobblestone-Home Path Financial LP.docx DA-Cobblestone - FINAL 03 18 2021.pdf VOUCHER APPROVAL Utility Vouchers Tax Vouchers General Fund Vouchers Wire Transfers for Payroll/Invoice Transmittals Voucher Reports Vouchers - Totals.pdf Vouchers - Alpha.pdf FINANCE DIRECTOR'S REPORT COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. 2 CITY OF MUSKEGO Unapproved FINANCE COMMITTEE MINUTES March 9, 2021 6:00 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Alderpersons Wolfe,Kubacki, and Madden. Also present: Alderpersons Kapusta,Hammel, Terrence,and Engelhardt, Public Works & Development Director Kroeger, and Administrative Assistant Crisp. PUBLIC MEETING NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES February 23, 2021 Alderperson Wolfe moved to approve. Alderperson Kubacki seconded; motion carried. LICENSE APPROVALS Recommend Approval of Operator Licenses Alderperson Madden moved to recommend approval of an operator license for Michael Bochat, Tyrone Brown, Tina Holmes, Kristen Murphy, Emily Nowak, and Cory Toivonen. Alderperson Kubacki seconded; motion carried. NEW BUSINESS Recommend Approval of Green Solutions Funding Agreement with Milwaukee Metropolitan Sewerage District (MMSD) for Muskego 2021 Trees Alderperson Kubacki moved to recommend approval MMSD GI Funding Agreement. Alderperson Madden seconded;motion carried. Recommend Award of Bid for 2021 Road Improvement Program. The following bids were received: Base Bid Alternate Bid Total Bid Payne & Dolan Inc $504,871.40 $188,639.75 $693,511.15 Wolf Paving $536,232.50 $183,181.50 $719,414.00 Stark Pavement Corp $513,610.00 $187,347.50 $700,957.50 Asphalt Contractors $597,100.50 $196,865.00 $793,965.50 3 Finance Committee Minutes 2 March 9, 2021 Alderperson Wolfe moved to recommend acceptance of the bid submitted by Payne & Dolan Inc. Alderperson Kubacki seconded; motion carried. Recommend Approval of Interlocal Agreement between the City of Muskego and Region VIII Education Service Center Alderperson Kubacki moved to recommend approval of Interlocal Agreement. Alderperson Madden seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the amount of $40,045.93. Alderperson Kubacki seconded; motion carried. Tax Vouchers Alderperson Wolfe made a motion to recommend approval of Tax Vouchers in the amount of $1,594.52. Alderperson Madden seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers in the amount of $717,028.03. Alderperson Engelhardt seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Wolfe made a motion to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $376,781.23. Alderperson Madden seconded; motion carried. FINANCE DIRECTOR'S REPORT None COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None ADJOURNMENT Alderperson Wolfe made a motion to adjourn at 6:05 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Christine Crisp. 4 OPERATOR LICENSE APPROVALS COMMON COUNCIL – 3/23/2021 Savannah Dembosky Joshua Overlee Lauren Wessel 5 6 Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From: Sharon Mueller, Finance & Administration Director Department: Department of Finance & Administration Subject: Tax Increment Districts #8 & #9 Termination Date: March 23rd, 2021 Background Information: District No. 8 was created in 2000 for the development of the City’s downtown area by Freedom Square with project costs initially estimated at $2.7 million. In 2005, the project plan was amended to add an additional $855.000 in storm water related project costs. Actual expenditures amounted to $1.2 million. The mandatory termination date is August 22nd, 2027. District No. 9 was created in 2003 with project costs estimated at $1.5 million for development in the City’s Community Development Authority Redevelopment District No. 1 for Janesville Road utility infrastructure. Approximately $1.6 million of expenditures were incurred. The mandatory termination date is February 25th, 2026 Key Issues for Consideration: 1. Municipalities must adopt a Tax Increment District (TID) termination resolution when one of the following occurs: a. Total tax increment revenue equals the total of all costs as described in the project plan. b. TID reaches maximum life. c. Municipality chooses to terminate the district early. 2. Both TIDs #8 & #9 will be closing early since all costs and issued debt has been paid in full. 3. The most recent Department of Revenue Statement of Changes reported a TID Value of $27,712,600 for District #8 and $54,608,700 for District #9. 4. Once the final audit of both TID’s have been conducted, a resolution to distribute the remaining funds will be prepared for Council approval. Recommendation for Action by Committee and/or Council: Authorize staff to proceed with terminating Tax Increment Districts #8 & #9. Date of Committee Action: March 23rd, 2021 Planned Date of Council Action (if required): March 23rd, 2021 Total $ Needed: $0 Fiscal Note(s): N/A $ Budgeted: $0 Account(s): N/A (03/2021) 7 Reports and Presentations to Finance/Common Council To: Finance/Common Council From:Scott Kroeger Department:Public Works & Development Subject: PEGARL LLP Developer’s Agreement (DA) Date:March 23, 2021 Background Information: PEGARL LLP is submitting a Developer’s Agreement for the development on Crowbar Drive across from the entrance to The Waters of Denoon project with the City of Muskego. The development will construct public sanitary sewer improvements. City Attorney Warchol and City Staff have reviewed the proposed Developer’s Agreement. Attached is the Developer’s Agreement for your review. Key Issues for Consideration: 1. PEGARL LLP DA Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the PEGARL LLP DA for signatures. Date of Committee Action: March 23, 2021 Planned Date of Council Action (if required): March 23, 2021 Total $ Needed:$ Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: # (3/2019) 8 1 This Agreement, made this ____ day of ________, 2021 by and between PEGARL LLP (the "Developer") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". W I T N E S S E T H WHEREAS, the Developer has submitted for approval by the City a Certified Survey Map, a part of the lands described as: A REDIVISION OF LOT 1 OF CSM NO. 10168 IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE N 88°21'47" E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31, 702.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 88°21'47" E ALONG SAID NORTH LINE, 441.74 FEET; THENCE S 02°16'41" E ALONG THE WESTERLY RIGHT-OF-WAY LINE OF CROWBAR ROAD, 949.33 FEET; THENCE S 88°26'28" W 436.11 FEET; THENCE N 02°37'07" W 948.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 9.562 ACRES, 416,524 S.F. WHEREAS, The Developer is required to make and install certain public improvements (“Improvements”) reasonably necessary for the Development, conditioned upon the construction of said Improvements according to approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement, without cost to City; and WHEREAS, The City Engineer and the City's Public Works Committee have duly approved, contingent on certain other approvals, Developer's plans and specifications for the Improvements, and the City's Plan Commission has duly approved the Development contingent in part upon the execution and performance of this Agreement by the Developer. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: DEVELOPMENT 1. LAND USE. The Development, as approved by Plan Commission Resolution #045-2020 consists of a four-lot residential land division with the features per the referenced resolution. 2. PHASING. Developer and City agree that this Agreement is for the installation of public and private improvements will occur in one phase. SECTION II: PLATTING 1. This Developer’s Agreement addresses the development of parcels split for single-family residential Parcel ID # (PIN): MSKC 2283.999.004 PEGARL LLP DEVELOPMENT DEVELOPER'S AGREEMENT Document Number Document Title Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 9 2 use, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the Country Residence District – RC-1 zoning. a) Single-family parcels shall conform to the zoning requirements of the RC-1 Country Residence District and the Low Density Residential Land Use category. The RC-1 zoning is allowed per Common Council approval and typically allows lots to be at least 80,000 square feet in area and have a minimum average width of 200 feet, but the Land Use plan requires a minimum lot size of at least 88,898 square feet. 2. Developer shall entirely at its expense: a) Concurrent with the execution of this Agreement tender a Letter of Credit in the amount required herein for the construction of improvements required by this Agreement. No construction activity may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered. b) Before any improvements found in Section III of this agreement begin, the Developer shall execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County Register of Deeds, and shall provide City with evidence of recording. c) Place and install monuments required by State Statute or City Ordinance. SECTION III: IMPROVEMENTS: City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to enter upon and install the sanitary sewer improvements described herein. Developer shall cause the construction of all Improvements called for by this Agreement to be carried out and performed in a good and workmanlike manner. Developer shall submit to the City valid copies of any agency permits that may be required in connection with the improvements, including , if necessary, the Wisconsin Department of Safety and Professional Services permits, and the Wisconsin Department of Natural Resources permits before construction commences and prior to any preconstruction meeting. Developer shall entirely at its expense: A. SANITARY SEWER: 1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire Development, and including offsite improvements necessary to provide such system, as approved by the Public Works & Development Director or his designee and the Public Works Committee in accordance with the plans, specifications and drawings on file in the City Engineering Department. 2. Complete, to the satisfaction of the Public Works & Development Director or his designee, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems. 3. Clean all sanitary sewers in the development prior to acceptance of the Improvements and issuance of building permits by the City. 4. Request televising of the sanitary system by the City of Muskego and reimburse the City for costs to complete the televising. 10 3 B. ROADS AND STREETS: 1. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of required improvement(s). 2. Contractors working at the Development are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the Developer shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has been granted by the City Council as described in Section VII, Final Acceptance. The City shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The Developer shall clean up the streets within twenty-four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not cleaned up after notification, the City may do so at the Developer’s and/or subject property owner's expense, at the option of the City. C. STORM AND SURFACE WATER DRAINAGE AND GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works & Development Director or his designee and Public Works Committee for storm and surface water drainage throughout the entire Development and off-site improvements as necessary, all in accordance with the plans and specifications on file in the Engineering Department. The City retains the right to require the Developer to install at Developer’s cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. Grade and improve the development in conformance with the grading plan as approved by the Public Works & Development Director or his designee and Public Works Committee in accordance with the plans and specifications on file in the City Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 3. The City retains the right to require Developer to install within the development (and immediately adjacent area if applicable and necessary), additional surface and storm water drainage measures if it is determined by the City Engineer that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written procedures and policies. 4. Clean all Storm Sewers, if applicable, prior to acceptance of improvements and the issuance of building permits by the City. D. LANDSCAPING: 1. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. E. EROSION CONTROL MEASURES: 1. The Developer shall cause all grading, excavation, open cuts, side slopes and other land surface disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with the plans and specifications reviewed and approved by the City Engineer, the State of Wisconsin Department of Natural Resources, and Army Corps of Engineers, if applicable. 2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures in specified areas of the development, on and off-site, in accordance with the Erosion Control Plan as approved by the Public Works & Development Director or his designee and Public Works Committee and in accordance with the plans and specifications on file in the City Engineering Department. 11 4 3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and construction work. Such fences shall be maintained by the Developer until such time as vegetative cover is established in the development. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 162. SECTION IV: ADDITIONAL IMPROVEMENTS The Developer hereby agrees that if, at any time after plan approval and during construction of the Improvements, the City Engineer determines that modifications to the plans including additional Improvements such as additional drainage ways, erosion control measures, and surface and storm water management measures are necessary in the interest of public safety, are necessary in order to comply with current laws or are necessary for implementation of the original intent of the Improvement plans, the City is authorized to order Developer, at Developer’s expense, to implement the same. If Developer fails to construct the additional Improvement within a reasonable time under the circumstances, the City may cause such work to be carried out and shall charge against the financial guarantee held by the City pursuant to this Agreement. The requirement by the City of such additional Improvements as set forth herein must not negatively impact the development or cause or result in the loss of a lot within the development that was intended for the construction of a single-family home. SECTION V: TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section III, Improvements, shall be completed by the Developer within one (1) year from the signing of this Agreement or prior to occupancy of any homes except if an earlier date is provided for in the Agreement. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the Improvements, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit. SECTION VI: AS -BUILT CONSTRUCTION PLANS For private utilities the Developer can use its contractor or authorize City to prepare all necessary as-built construction plans. For public utilities, the Developer authorizes the City to prepare all necessary as-built construction plans for the Improvements to be dedicated to the City. Developer agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City’s Geographic Information System, and City may utilize Developer’s Developers Deposit account for all charges related hereto. SECTION VII: FINAL ACCEPTANCE Throughout this Agreement, various stages of the development will require approval by the City. “Final Acceptance” as used herein, however, shall be the ultimate acceptance of all of the Improvements in the completed development as a whole and shall be granted specifically by resolution of the City Council. Final Acceptance shall be granted when substantial completion occurs, as determined by the City Council pursuant to the definition of substantial completion shown in Wisconsin Statutes Section 236.13(2)(am)(2). Granting Final Acceptance does not relieve the Developer of any obligations of this Agreement for uncompleted Improvements, and does not constitute a waiver, in particular, of the Developer’s obligation to complete any other Improvements or obligations that may be outstanding at the time that Final Acceptance is granted. SECTION VIII: DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the sanitary sewer facilities to the City, its successors and assigns, forever, free and clear of all encumbrances 12 5 (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, after the sanitary sewer has been installed, when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development necessary: 1. The sanitary sewer and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and 2. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent. SECTION IX: INSPECTION AND ADMINISTRATION FEES Developer shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 392-13 of the Land Division Ordinance and Muskego Municipal Code Section 39-10, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the Improvements covered by Section III, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION X: MISCELLANEOUS REQUIREMENTS The Developer shall: 1. Easements: Provide any easements on Developer's land deemed necessary by the Public Works & Development Director or his designee prior to the Certified Survey Map being signed. 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 3. Survey Monuments: Properly place and install any lot, block or other monuments required by State Statute, City Ordinance or the City Engineer. 13 6 4. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground. Coordination of installation and all costs shall be the responsibility of the Developer. 5. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental agency permits. 6. Removal of Topsoil: The Developer agrees that no topsoil shall be removed from the development without approval from the City Engineer of which said approval shall not be unreasonably withheld. 7. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under construction within the development until such time as all Improvements have been installed and Final Acceptance has been granted by the City Council as described in Section VII. The City shall make a reasonable effort to require the contractor responsible for the debris to clean up the debris or to hold the subject property owner who hired the contractor responsible. The Developer and/or subject property owner shall clean up the debris within forty-eight (48) hours after receiving a notice from the City Engineer. If said debris is not cleaned up after notification, the City will do so at the Developer’s and/or subject property owner's expense. 8. Public Construction Projects: If any aspect of the development involves a public construction project subject to the State law, all requirements of the State Public Construction Bidding Law must be satisfied, including but not limited to, providing a performance bond. SECTION XI: GENERAL CONDITIONS AND REGULATIONS Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION XII: GUARANTEES The Developer shall guarantee the sanitary sewers described in Section III, Improvements, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Developer shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION XIII: GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this Agreement as stated above by any party or parties except those claims asserted by Developer against City, its officers, agents and employees in an effort to enforce this Agreement. a) Hold Harmless. The Developer shall indemnify and hold harmless the City, its officers, agents, independent contractors, consultants, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Developer, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable. In any and all claims against the City, its officers, agents, 14 7 independent contractors, and employees by the Developer, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Developer, its officers, agents, independent contractors, employees under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. The foregoing indemnity shall not apply to the negligence or willful misconduct of the City. b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, consultant, and employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Development (including but not limited to street right of way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Developer shall at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Two Million Dollars ($2,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover both Developer and the City and its agents, employees, and officials. A certificate of Developer’s insurance shall be furnished to the City upon execution of this Agreement including separate written endorsements naming the City as an additional insured, providing 30 days written notification of cancellation, naming the Developer’s insurance as primary and non-contributory and waiving any rights of subrogation as to the City. Such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City’s right to recover thereon. SECTION XIV: CITY RESPONSIBILITY FOR IMPROVEMENTS: The City shall not be responsible to perform repair or maintenance on any Improvements until all Improvements have been dedicated to and accepted by the City. SECTION XV: AGREEMENT FOR BENEFIT OF PURCHASERS: The Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot in the Development. Further, that the sale of any lot or parcel shall not release the Developer from completing the Improvements provided for under this Agreement, by applicable Ordinances and as set forth in the plans and specifications on file in the Community Development Department. 15 8 SECTION XVI: CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Developer to construct the Improvements in accordance with the plans and specifications called for by this Agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Developer such permits or easements as may be required to enter upon and install the previous described Improvements in any public street or public property. 3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Developer or their nominee, successors or assigns, permits for the construction of single-family residences subject to the provision of Section XVII, Building and Occupancy Permits. SECTION XVII: BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no buildings permit shall be issued until the City Engineer or his designee has determined that: 1. A Letter of Credit or bond remains on file to guarantee compliance with any other obligations under the agreement. 2. All parameters of Resolution #PC045-2020 has been met to the satisfaction of the Planning Manager. 3. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public Works & Development Director or his designee. 4. The Developer is not in default of any aspect of this Agreement. 5. The Certified Survey Map has been recorded and proof of such has been provided to the City. It is expressly understood and agreed that no occupancy permit shall be issued until the City Engineer or his designee has determined that: 1. A Letter of Credit or bond remains on file to guarantee compliance with any other obligations under the agreement. 2. The Resolution of the dedication and acceptance of Improvements is approved by the City. 3. All parameters of Resolution #PC045-2020 has been met to the satisfaction of the Planning Manager. 4. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public Works & Development Director or his designee. 5. The Developer is not in default of any aspect of this Agreement. SECTION XVIII: RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building permits if Developer is in violation of this Agreement, but no permits shall be unreasonably withheld. 16 9 SECTION XIX: FINANCIAL GUARANTEES: 1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit, in the City Attorney approved form, setting forth terms and conditions in the amount of $144,327 which amount shall be approximately 120% of the estimated cost of improvements and other obligations pursuant to this Agreement. This shall be held by the City as a guarantee that the required plans and improvements will be completed by the Developer and its subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Development is satisfied and all other obligations pursuant to this Agreement have been satisfied. Instead of a Letter of Credit, Developer may deposit cash, a certified check or the equivalent in the same amount pursuant to the same terms and conditions as set forth in this Agreement. If at any time: a) If, the Developer is in default of any aspect of this Agreement, or b) The Developer does not complete the installation of the Improvements within one (1) year from the signing of this Agreement unless otherwise extended by this Agreement or by action of the City Council, or c) The Letter of Credit on file with the City is dated to expire sixty (60) days prior to the expiration of the same if the same has not been extended, renewed or replaced, per the terms of this Agreement or d) The Developer fails to maintain a cash deposit, bond or Letter of Credit in an amount approved by City Engineer, and in a form approved by the City Attorney, to pay the costs of Improvements in the development per the terms of this Agreement, the Developer shall be deemed in violation of this Agreement and the City Council shall have the authority to draw upon the financial guarantee. 2. Invoices: Invoices documenting public Improvements addressed and not addressed in the Letter of Credit, but attributable to the subject development shall be provided to the City. 3. Reduction of Letter of Credit Balance: The Developer shall provide City Engineer or his designee with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form and signed original lien waivers for all work which is subject of the release request. The City Engineer or his designee will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. The City Engineer shall not, however, reduce the financial guarantee with regard to amounts necessary to ensure compliance with obligations of this Agreement that are not improvement construction costs, unless (1) the Developer proves full compliance with such issues to the satisfaction of the City Engineer; or (2) 14 months have passed from the date of substantial completion as determined in Wisconsin Statute 236.13(2)(am)(1)(c) and no claims have been made against the City or by the City against the Developer in that regard. 4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $2,000.00 balance in the Developer's Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. Upon completion of the project, acceptance of improvements and payment of all project related costs, any unused balance remaining in Developer’s deposit account shall be returned to Developer. 17 10 5. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement relating to the Improvements or other Developer obligations pursuant to this Agreement. This provision constitutes the Developer’s consent to the installation by the City of all Improvements required by this Agreement and constitutes the Developer’s waiver of notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XX: PARTIES BOUND: Developer or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to any phase of the development. This section allows for the City to enforce the terms and conditions of this agreement against all such assignees, but does not grant rights to assignees absent the City’s written consent as described in Section XXII, Amendments and Assignment. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, drainage facilities, ditches, landscaping and all other improvements shall be the Developers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XXI: EXCULPATION OF CITY CORPORATE AUTHORITIES: The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this Agreement solely in their official capacity and not individually, and shall have no personal liability or responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived. SECTION XXII: AMENDMENTS AND ASSIGNMENT: Developer shall not assign this Agreement without the written consent of the City. The City and the Developer, by mutual consent, may amend this Agreement, by written agreement between the City and the Developer. SECTION XXIII: NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally or sent by prepaid United States Postal Service certified mail with return receipt requested, to all parties as follows: To City: Planning Division City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0749 (262) 679-4136 To Developer: PEGARL LLP – Reno Berg S77 W17727 St Leonards Court Muskego, WI 53150 (414) 254-1721 18 11 All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, or three (3) days after the date of postmark on any prepaid certified letter. Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the party. SECTION XXIV: RECORDING This Agreement shall be recorded against the Development property and shall run with the land. 19 12 SECTION XXV: PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. PEGARL LLP – Reno Berg: By: _______________________________ Its: ________________________________ STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this ____day of _____________,2021, ______________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of _____________ My Commission Expires ___ IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. MORTGAGEE CONSENT The undersigned Mortgagee of the Development lands consents to this Developer’s Agreement, and agrees that its lien of mortgage shall be subordinate to the rights of the City of Muskego granted by this Developer’s Agreement. TITLE: ___________________________________________ BY: ___________________________________________ Dated this _____ day of ____________________________, 2021. STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______, 20_, __________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires 20 13 IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. B. CITY OF MUSKEGO: BY: Richard R. Petfalski, Jr., Mayor BY: Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______________,2021, the above named Richard R. Petfalski, Jr., Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the ______ day of _____________, 2021. Notary Public-State of Wisconsin My Commission Expires CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for the PEGARL LLP Development, Muskego, Wisconsin, as entered into on the ____ day of _____________, 2021 by and between PEGARL LLP and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ____________, 2021. BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This ______day of ___________, 2021. My commission expires This instrument drafted by: Jeffrey Warchol, City Attorney City of Muskego, WI W182 S8200 Racine Avenue Muskego, WI 53150 21 22 23 Statewide Claim Division March 15,2021 Mr. Matt McCarroll S75 W l3 130 Oxford Ct. Muskego. Wl 53150 Regarding:Our Insured: City of MuskegoClaimNo: WM000672510186 Date/Loss: I I l0Bl2O20 I am sorry that we cannot of assistance to you, and please do not hesitate to call me with anyque:!isw>a Douglass A.-Detlie Casualty Claims Special ist Statewide Services, Inc. PO Box 5555 Madisorr, WI 53705-0555 Office: 608-828-5503 E-mai I : dde-tlie@statswidp.svs_s.sop Cc: City of Muskego 1241 John Q. Hammons Dr. P.O. Box 5555 Madison, WI 53705-0555 877-204-9712 Dear Mr. McCarroll: Statewide Services, lrrc. administers the claims for the League of Wisconsin MunicipalitiesMutual Insurance, wlrich provides the insurance coverage ior the city of Muskego. iv. ur" inreceipt of the above-captioned claim involving damage"frorn a back-up of seweiwater into yourhome. we have completed our investigation, and we recommend that the city of Muskego disallow yourclairn. This unfortunate loss occurred on account of a crog within the city,s sewer main Iine;however, City operations did rrot cause the clog. on.e mJre, city staff had rro prior notice that theunforeseen clog existed. thrrs, they were unablJ to take a preventive measure. The city would notbe liable unless city staff krlew' or should have known, atout the clog, and had ua.quut" time tocorrectthe problern prior to the loss. once the City was made aware of the problem, staffresponded tirnely to diagnose the clog and clear it from the line, thus, the city is ,"i ri"ur" for anydelayed response time. Finally, there is no evidence that the City failed to adhere to anyministerial duties- --or msnd2lss-regarding the maintenance oithe sewer main; and absent arninisterial duty, wr Statute gg3.g0 anoras tne city discretionurf ir*rnity. Given thatthecity bears no liability forthis urrfoftunate lossand/orgiven the immunity in placefor tlre citv, Statewide Services, Inc. wiil not be abre to pay for y;.?;,;;;;v.rrrr"ru'!rrf,' Sinceyz{y, 24 Statewide Seruice,fnc. Claim 1241 John Q. Hammons Dr. P.O. Box 5555 Madison, WI 53705-0555 877-204-9712 Dear Ms. Krocker: Statewide Services, Inc. administers the clairns for the League of Wisconsin Municipalities Mutual Insurance, which provides the insurance coverage for the City of Muskego. we a.e inreceipt of the above-captioned clairn involving damage frorn a back-up of seweiwater into your home. We have completed our investigation, and we recommend that the City of Muskego disallow yourclaim. This unfortLtnate loss occurred on account of a clog within the City's seweimain line;however, City operations did not cause the clog. once mJre, City staff had no prior notice that theunforeseen clog existed, thus, they were unable to take u pr"r"ntir" measure. it " city would notbe liable unless City staff kltew, or should have known, atout the clog, and had adequate time tocorrectthe problern priorto the loss. Orrce the City was made aware of the problem, staffresponded tirnely to diagnose the clog and clear it frorn the line, thus, the City is not tiuUl. for anydelayed resporrse tirne. Finally, there is no evidence that the City failed to adirere to anyrninisterial duties---or mandates-regarding the maintenance oithe s.*e. ,ain;-uidtr.n, uministerial duty, wl Statute 893.80 affords the city discretionary immu,ity. Given that the City bears no liability for this unfoftunate loss arrd/or given the immunity in placeforthe city, Statewide Services, rnc. wiil not be able to pay foryorr-durug"s. March 15,2021 Ms. Trish Krocker S75 Wl3l27 Oxford Ct. Muskego, WI 53150 Regarding: Our Insured: City of MuskegoClaimNo: WM0006725101g6 Date/Loss: Il0BlZ020 sorry that wercannot of assistance to you. and please do not hesitate to call me with any Casualty Claims Specialist Statewide Services, Inc. PO Box 5555 Madison, Wl 53705-0555 Office: 608-828-5503 E-mai I : dde-tI ie@slarewidesycs,cop Cc: City of Muskego 'm*m 25 Statewide Claim Division 1241 John Q. Hammons Dr. P.O. Box 5555 Madison, WI 53705-0555 877-204-9712 March 18,2021 Mr. Michael Hallmann S74 W l3 180 Courtland Ln. Muskego, WI 53150 Regarding: Our Insured: City of Muskego Claim No: WM0006725 l0l g6 Dare/Loss: I I l}gl202} Dear Mr. Hallmann: statewide Services, Inc. adrninisters the clairns for the League of wisconsin MunicipalitiesMutual Insurance, which provides the insurance coverage iorthe city of Muskego. we are in ;:::,y"::ij:;,::"J"il:!,,ffi|":i"llinvorving da,nage?om,rback_up of se*ei*ater into your we have cornpleted our,investigation and we recommend thar the city of Muskego disallow yourclaim. This unfortunate loss occurred on account of a clog within the City,s sewer main line;however' city operations did not cause the cJog. once more, city staff had no prior notice that theunforeseen clog existed, thus, they were unablJto take a pr;;;;il". measure. The city would notbe liable unless they knew, or should have known about tle clou, uno had adequate time tocorrect the problern prior to the loss. once the city was *ua" uilu." of the problem, staffresponded timely to diagrrose the clog and clear ir from th" i;;, ;rrs, the city i. ,"i ii"ul. for anydelayed response tirne. Finally, therels no evidence.that the City'failed to adhere to anyrninisterial dLrties---or.rru,rd1T:rlegnrding the maintenanc. .,f th. sewer main; and absent aministeriar duty, wr Statute gg3.g0 arroro, ttr" city discretionary immunity. Given that the city bears no liability forthis unfortunate ross and/or given the immunity in placefor the city, statewide Services, Inc. wiil not be abre to pay for your damages. I am sorry that we cannot of assistance to you, and please do n.t hesitate to call me with any Casualty Claims Specialist Statewide Services, Irrc. PO Box 5555 Madison, Wt 53705-0555 Office: 608-828-5503 E-mai I : ddelf ie@s1a19widesvcg,9o4 Cc: City of Muskego K'Wruglass A. Detlie 26 €@tewide Seruice fnc. 1241 John Q. Hammons Dr. P.O. Box 5555 Madison, WI 53705-0555 877-204-97t2 March 15,2021 Mr. Richard Randa W l3 I S7576 Cheviot Rd. Muskego, Wl 53150 Regarding:Our Insured: City of MuskegoClaimNo: WM00067251bt86Date/Loss: I I l0gl2}20 Iam sorry that we cannot of assistance to you, and please do not hesitate to call me with any Dear Mr. Randa: Statewide Services, lnc. adrninisters tlre clairns for the League of wisconsin MunicipalitiesMutual Insurance, whiclr provides the insurance coverage for the city of Muskego. we are in ;t"T'jt of the above-captio,ed clairn involving damageTro,, u uu"t -rp of sewer water into your we have completed our investigation, and we recommend that the_city of Muskego disallow yourclairn' This unfortunate loss ocJurred on account of a crog within the city,s sewer main Iine;however' city operations did not cause the clog once more, city staff had no prior notice that theunforeseen clog existed, thus, they were unablJto take a p."u.,,ir. measure. The city would notbe liable unless city staff kn"*, o. shoulJ l.,uu" k,.,o*,r, atout the clog, and had adequate time tocorrect the problem prior to the loss. once the city was -ua" u*ur" of the problem, staffresponded timely to diagnose the clog and clear it from ttre line, thu.s, the city i, "ri iiuut. ro. unydelayed response time. Finally, therels no evidence that the city failed to adhere to anvministerial duties--or rnandates--regarding the maintenar"" "iil;';;;; il'u,ir',"uffir"n, urninisterial duty, wr Stature gg3.g0 iffords"the city discretionary immunity. Giverr that the city bears no liability for this unfoftunate loss and/or given the irnmunity in placefor the city, Statewide Services, Ini. wiI not be abre to pay for your damages. : Sinc Casualty Claims Specialist Statewide Services, Inc. PO Box 5555 Madison, WI 53705-0555 Office: 608-828-5503 E-m ai I : ddetf i9@s1a19wides-vcs.9op Cc: City of MLrskego 27 €tatewide Seruice.Inc, March 15,2021 Mr. Michael Hauke W l3 I S7558Cheviot Rd. Muskego, WI 53150 1241 John Q. Hammons Dr. P.O, Box 5555 Madison, WI 53705-0555 877-204-9712 Regarding: Our Insured: City of MuskegoCtaimNo: WM000672510t86 Date/Loss: I I l}gl2)20 Dear Mr. Hauke: Statewide Services, Inc. adrninit;ters the claims for the League of wisconsin MunicipalitiesMutual Insurance, which provides the insurance coverage for the city of Muskego. we are in ;"ffIt of the above-captioned claim involving damage ?rom a back-up of sewer water into your we have cornpleted our investigation, and we recommend that the.city of Muskego disallow yourclaim. This unfortunate loss ocJurred on account of a clog within the City,s sewer main line;however' city operations did not cause the cJog. once more, city staff had no prior notice thattheunforeseen clog existed,-tlrus, they were unablJto take a pr*",-,iir" measure. The city would notbe liable unless city staff knew, or should have known, ufor,ihl clog, and had adequate time tocorrect the problern prior to the loss. once the City was -ua" u*u." of the problem, staffresponded timely to diagnose the clog and clear it from the line. thus, the city is ""i ii"ul" for anydelayed response time. Finally, therels no evidence;M,;;. c;y failed to adhere to anyrninisterial duties-or mandates--regarding the maintenur".-oirtr.-r.*"ril'u]", uriJjr.r, urninisterial duty, wr Statute gg3.ig0 irro.arin" city discretionary irmunity. civen that the city bears no liability for this unfoftunate loss and/or given the immunity in placefor the city, Statewide Services, tnc. wiil not be abre ro pay for y";r?;;"i."""''""' I am sorry that welcannot of assistance to you, and prease do not hesitate to cail me with any Casualty Claims Special ist Statewide Services, Inc. PO Box 5555 Madison, WI 53705-0555 Office: 608-828-5503 E-rna i I : dd91l ie@pta[ewi-desvc9, go-m Cc: City of Muskego Sinc /'l+l 28 Statewide Seruices, fnc, Claim Division 1241 John Q. Hammons Dr. P.0. Box 5555 Madison, WI 53705-0555 877-204-97t2 March 15,2021 Mr. Michael Reitz W 132 57547 Cheviot Rd. Muskego, WI 53150 Regarding:Our Insured: City of Muskego Claim No: WM0006725 l0l 86 Date/Loss: I I10812020 Dear Mr. Reitz: Statewide Services, Inc. adrninisters the claims for the League of Wisconsin Municipalities Mutual Insurance, which provides the insurance coverage for the City of Muskego. We are in receipt of the above-captioned claim involving damage from :r back-up of sewer water into your home. We lrave conrpleted our investigation, and we recorlmend that the City of Muskego disallow your clairn. This unfortunate loss occurred on account of a clog within the City's re*"imain line; however, City operations did not cause the clog. Once more, City staff had no prior notice thatthe unforeseen clog existed, thus, they were unable to take a prevr3ntive measure. The Cify would not be liable unless City staff kne\ /, or should have known, about the clog, and had adequate time to correct the problem prior to the loss. Once the City was made aware of the problem, staff responded timely to diagnose tJire clog and clear it from the lirre, tlrus, the City is not liable for any delayed response time. Finally, there is no evidence that the City failed to adhere to any ministerial duties- --or mandates-regarding the maintenance ,rf the sewer main; and absent a rninisterial duty, wl Statute 893.80 affords the city discretionary imrrunity. Given that the City bears no Iiability for this unfoftunate loss ilnd/or given the immunity in place for the city, Statewide Servicer;, Inc. will not be abre to pay fcrr your durug"r. I am sorry that we cannot of as:;istance to you, and please do not hesitate to call rne with any Casualty Clairns Special ist Statewide Services, Inc. PO Box 5555 Madison, WI 53705-0555 Office: 608-828-5503 E- rn ai I : ddel I ie@ gtatew ides-vcs, c-o1n Cc: City of Muskego 29 Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From:Scott Kroeger Department: Public Works & Development Subject: 2021-2022 Parks, Boulevards, Terraces, and Facility Landscaping and Game Day Field preparation Date: March 23, 2021 Background Information: This service contract was sent to 6 bidders (refer to attached bid summary). There were two bidders for the project. This is a two (2) year contract. The two bids are as follows: Service 3 is the Game Day Field Preparation that is passed directly to anyone who requests that a baseball field is prepared for a game. In order to make City of Muskego budgets, the work under service 1 and 2 was reduced. The final cost to the City of Muskego is below. Key Issues for Consideration: Attachments 1. Bid Summary 2. Final Contract Recommendation for Action by Committee and/or Council: Award the 2021-2022 Parks, Boulevards, Terraces, and Facility Landscaping and Maintenance and Athletic Field Renovation and Game Day preparation to Happy Mower Bidders Service 1: Lawn Mowing Service 2: Medians Service 3: Field Prep Total Lump Sum Fee Contract Price per year per year per game 1 year 2 years Happy Mower, LLC 55,000.00$ 67,500.00$ 175.00$ 122,500.00$ 245,000.00$ Sebert Landscape 100,000.00$ 105,000.00$ 300.00$ 205,000.00$ 410,000.00$ Bidders Service 1: Lawn Mowing Service 2: Medians Service 3: Field Prep Total Lump Sum Fee Contract Price per year per year per game 1 year 2 years Happy Mower, LLC 43,500.00$ 62,500.00$ 175.00$ 106,000.00$ 212,000.00$ 30 Date of Committee Action: March 23, 2021 Planned Date of Council Action (if required): March 23, 2021 Total $ Needed: $212,000.00 Fiscal Note(s): Remember this amount is for a two (2) year contract $ Budgeted: $212,000.00 Expenditure Account(s) to Be Used: #100.04.51.11.5820 Parks Contracted Services # 100.01.06.00.5820 City Road Landscape Management Please remember field prep cost is passed on directly to baseball groups, tournament organizers, etc. who request field preparation on the baseball fields. ($175/field). There is no guarantee money for this work. The vendor gets paid only for the fields they prepare. (3/2019) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Opening: 01/15/2021, 3:00PM Place: City of Muskego, Wisconsin Bidders Service 1: Lawn Mowing Service 2: Medians Service 3: Field Prep Total Lump Sum Fee Contract Price per year per year per game 1 year 2 years ASI (Achtenhagen Services)No submission Blaze Landscaping No submission Happy Mower, LLC 55,000.00$ 67,500.00$ 175.00$ 122,500.00$ 245,000.00$ Seasonal Services No submission Sebert Landscape 100,000.00$ 105,000.00$ 300.00$ 205,000.00$ 410,000.00$ Terra Firma Landscaping No submission Bid: 2021-2022 Parks, Boulevards, Terraces, and Facility Landscaping and Maintenance and Game Day Preparation 58 59 60 61 62 Reports and Presentations to Finance/Common Council To: Finance/Common Council From:Scott Kroeger Department:Public Works & Development Subject: Home Path Financial LP Developer’s Agreement (DA) Date:March 23, 2021 Background Information: Home Path Financial LP is submitting a Developer’s Agreement for the Cobblestone Court development on Janesville Road across from the entrance to Park Drive. The development will construct public sanitary sewer, watermain, storm sewer, and road. City Attorney Warchol and City Staff have reviewed the proposed Developer’s Agreement. Attached is the Developer’s Agreement for your review. Key Issues for Consideration: 1. Home Path Financial LP DA Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the Home Path Financial LP DA for signatures. Date of Committee Action: March 23, 2021 Planned Date of Council Action (if required): March 23, 2021 Total $ Needed:$ Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: # (3/2019) 63 1 This Agreement, made this ____ day of _____________, 2021 by and between Home Path Financial LP (the "Developer") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". W I T N E S S E T H WHEREAS, the Developer has submitted for approval by the City the development plans for a new Cobblestone Court development, on a part of the lands described as: Being part of the Northeast 1/4 of the Southeast 1/4 of Section 09, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin. Said lands are bounded and described as follows; Commencing at the Northeast corner of Certified Survey May No. 11325 and the Point of Beginning; thence continuing South 25°48'14” East, a distance of 231.50 feet along the west line of Certified Survey Map No. 2667, thence North 61°42'46” East, a distance of 135.00 feet along the south line of aforesaid CSM 2667, thence South 26°00'09” East a distance of 138.74 feet along the west line of Certified Survey Map No. 123, thence South 10°28'40” East, a distance of 222.14 feet along the east line of Lot 3 of aforesaid CSM 11325, thence South 01°33'15” East, a distance of 100.00 feet along the west line of Certified Survey Map No. 7170, then South 88°49'39" West, a distance of 5.00 feet along the north line of Certified Survey Map No. 4432, thence South 11°24'24” West a distance of 111.82 feet along the west line of aforesaid CSM 4432, thence South 88°49'39” West, a distance of 477.87 feet along the north line of Block 1 of St. Leonard's Subdivision, a recorded subdivision, to a point on the east line of Kristin Down, a recorded subdivision, thence North 02°16'55” West a distance of 480.98 feet along the east line of aforesaid Kristin Down subdivision to a point; thence North 76°58'38” East, a distance of 125.23 feet; thence North 11°54'46” West, a distance of 153.99 feet to a point on the South line of Janesville Road (C.T.H. "L"); thence northwesterly 120.05 feet along the south line of aforesaid Janesville Road and arc of a curve whose center lies to the north, whose radius is 3560.00 feet and whose chord bears North 66°40'11” East, a distance of 120.05 feet; thence South 25°45'14"East, a distance of 8.06 feet to the point of beginning. Said lands containing 276,090 square feet (6.338 gross acres) of land, more or less. Dedicating therefrom 37,815 square feet (0.868 acres) of land, more or less for public road purposes. WHEREAS, The Developer is required to make and install certain public improvements (“Improvements”) reasonably necessary for the Development, conditioned upon the construction of said Improvements according to approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement, without cost to City; and WHEREAS, The City Engineer and the City's Public Works and Safety Committee have duly approved, contingent on certain other approvals, Developer's plans and specifications for the Improvements, and the City's Plan Commission has duly approved the Development contingent in part upon the execution and performance of this Agreement by the Developer. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Parcel ID # (PIN): MSKC 2196.958.004 COBBLESTONE COURT DEVELOPER'S AGREEMENT Document Number Document Title Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 64 2 SECTION I : DEVELOPMENT 1. LAND USE. The Development, as approved by Plan Commission Resolution #021-2020, consists of eight (8) two-family condos, totaling 16 units, along a new publicly dedicated roadway. SECTION II : PLATTING/ZONING 1. This Developer’s Agreement addresses the development of land for the eight (8) two-family condo buildings, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the auspices of the PD-48 zoning district, which was approved under the auspice of the RM-3 – Multiple Family Residence District and B-3 General Business District. 2. Developer shall entirely at its expense: a) Prior to beginning any work related to the public improvements discussed herein, tender a bond in the amount required herein for the construction of improvements required by this Agreement. No construction activity related to the water main work may commence until this Agreement has been executed and recorded, and the bond has been tendered. b) Before any improvements found in Section III of this agreement begin, the Developer shall execute this Agreement, the Agreement shall be recorded at the Waukesha County Register of Deeds, and the City shall receive evidence of recording. c) Place and install monuments required by State Statute or City Ordinance. SECTION III : IMPROVEMENTS: City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to enter upon and install the sanitary sewer, storm sewer, water main, stormwater management facilities and roadway improvements described herein. Developer shall cause the construction of all Improvements called for by this Agreement to be carried out and performed in a good and workmanlike manner. Developer shall submit to the City valid copies of any agency permits that may be required in connection with the improvements, including , if necessary, the Wisconsin Department of Safety and Professional Services permits, MMSD permits and the Wisconsin Department of Natural Resources permits before construction commences and prior to any preconstruction meeting. Developer shall entirely at its expense: A. SANITARY SEWER: 1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire Development, and including offsite improvements necessary to provide such system, as approved by the Public Works & Development Director or his designee and the Public Works Committee in accordance with the plans, specifications and drawings on file in the City Engineering Department. 2. Complete, to the satisfaction of the Public Works & Development Director or his designee, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems. 3. Clean all sanitary sewers in the Subdivision prior to acceptance of the Improvements and issuance of building permits by the City. 4. Request televising of the sanitary system by the City of Muskego and reimburse the City for costs to complete the televising. 65 3 B. WATER MAIN: 1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and distribution, throughout the development, and including off-site improvements necessary to provide such system, as approved by the Public Works & Development Director or his designee and Public Works and Safety Committee and in accordance with the plans and specifications on file in the City Engineering Department. 2. Apply for and pay for all necessary permits to use water from hydrants for construction permits, as may be required by the City. 3. Complete to the satisfaction of the City any punch list items concerning the water system prior to connection of any building to the water system. C. ROADS AND STREETS: 1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee including off-site improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Public Works & Development Director or his designee and Public Works Committee as indicated in the plans and specifications on file with the Engineering Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of subdivision improvements. 3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of their installation. 4. Contractors working at the Development are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the Developer shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has been granted by the City Council as described in Section VII, Final Acceptance. The City shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The Developer shall clean up the streets within twenty-four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not cleaned up after notification, the City may do so at the Developer’s and/or subject property owner's expense, at the option of the City. D. STORM AND SURFACE WATER DRAINAGE AND GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works & Development Director or his designee and Public Works Committee for storm and surface water drainage throughout the entire Development and off-site improvements as necessary, all in accordance with the plans and specifications on file in the Engineering Department. The City retains the right to require the Developer to install at Developer’s cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. Grade and improve the development in conformance with the grading plan as approved by the Public Works & Development Director or his designee and Public Works Committee in accordance with the plans and specifications on file in the City Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 3. The City retains the right to require Developer to install within the development (and immediately adjacent area if applicable and necessary), additional surface and storm water drainage measures if it is determined 66 4 by the City Engineer that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written procedures and policies. 4. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. 5. Execute and record a Maintenance Agreement as approved by the Public Works & Development Director or his designee relating to privately owned storm water appurtenances and provide proof of recording. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement. 6. Submit an as-built grading plan that meets all City requirements. E. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the Subdivision improvements. Replace trees in accordance with plans to be approved by the Plan Commission. 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. Plant street trees without cost to City in accordance with Section 392-45 of the Muskego Municipal Code and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and landscape plans on file in the City Building and Engineering Department that were approved by the Planning Manager and City Forester prior to the signing of this agreement. The planting of the street trees shall occur before the installation of the final course of pavement with the City Engineer’s approval of planting schedule. 4. The City has the right to trim and remove any landscaping features which would interfere with safe operation and maintenance of the City right-of-ways and drainageways. F. EROSION CONTROL MEASURES: 1. The Developer shall cause all grading, excavation, open cuts, side slopes and other land surface disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with the plans and specifications reviewed and approved by the City Engineer, the State of Wisconsin Department of Natural Resources, and Army Corps of Engineers, if applicable. 2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, on and off-site, in accordance with the Erosion Control Plan as approved by the Public Works & Development Director or his designee and Public Works Committee and in accordance with the plans and specifications on file in the City Engineering Department. 3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and construction work. Such fences shall be maintained by the Developer until such time as vegetative cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 162. 67 5 SECTION IV : ADDITIONAL IMPROVEMENTS The Developer hereby agrees that if, at any time after plan approval and during construction of the Improvements, the City Engineer determines that modifications to the plans including additional Improvements such as additional drainage ways, erosion control measures, and surface and storm water management measures are necessary in the interest of public safety, are necessary in order to comply with current laws or are necessary for implementation of the original intent of the Improvement plans, the City is authorized to order Developer, at Developer’s expense, to implement the same. If Developer fails to construct the additional Improvement within a reasonable time under the circumstances, the City may cause such work to be carried out and shall charge against the financial guarantee held by the City pursuant to this Agreement. The requirement by the City of such additional Improvements as set forth herein must not negatively impact the development or cause or result in the loss of a lot/unit/building within the development. SECTION V : TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section III, Improvements, except for final surface course of pavement as described herein, shall be completed by the Developer within one (1) year from the signing of this Agreement or prior to occupancy of any homes or issuance of building permits except if an earlier date is provided for in the Agreement. The final surface course of pavement must be deferred until ninety percent (90%) of the homes have been substantially completed, or twenty-four (24) months after the date of acceptance of improvements, whichever comes first. If the final surface course of pavement, is not completed within twelve (12) months of the date of this Agreement, the Developer shall extend the bond in a form acceptable to the City until such time as the final surface course of pavement is completed. If the City receives notice of the intention to terminate the bond prior to completion of the final surface course pavement, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the bond. SECTION VI : AS -BUILT CONSTRUCTION PLANS For private utilities the Developer can use its contractor or authorize the City to prepare all necessary as-built construction plans. For public utilities, the Developer authorizes the City to prepare all necessary as-built construction plans for the Improvements to be dedicated to the City. Developer agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City’s Geographic Information System, and City may utilize Developer’s Deposit account for all charges related hereto. SECTION VII : FINAL ACCEPTANCE Throughout this Agreement, various stages of the development will require approval by the City. “Final Acceptance” as used herein, however, shall be the ultimate acceptance of all of the Improvements in the completed development as a whole and shall be granted specifically by resolution of the City Council. Final Acceptance shall be granted when substantial completion occurs, as determined by the City Council pursuant to the definition of substantial completion shown in Wisconsin Statutes Section 236.13(2)(am)(2). Granting Final Acceptance does not relieve the Developer of any obligations of this Agreement for uncompleted Improvements, and does not constitute a waiver, in particular, of the Developer’s obligation to complete any other Improvements or obligations that may be outstanding at the time that Final Acceptance is granted. 68 6 SECTION VIII : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the sanitary sewer, storm sewer, water main and roadway improvements, (excluding those facilities which are to be owned and maintained by the developer) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities, when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenants. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development necessary: 1. The sanitary sewer, water, and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent, and 4. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standards. SECTION IX : INSPECTION AND ADMINISTRATION FEES Developer shall pay and reimburse the City, in accordance with Section 392-13 of the Land Division Ordinance and Muskego Municipal Code Section 39-10, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the Improvements covered by Section III, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction 69 7 inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION X : MISCELLANEOUS REQUIREMENTS The Developer shall: 1. Easements: Provide any easements on Developer's land deemed necessary by the Public Works & Development Director or his designee prior to accepting any public improvements and prior to any occupancy being granted for the use of any of the building(s). 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 3. Survey Monuments: Properly place and install any lot, block or other monuments required by State Statute, City Ordinance or the City Engineer. 4. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground. Coordination of installation and all costs shall be the responsibility of the Developer. 5. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental agency permits. 6. Removal of Topsoil: The Developer agrees that no topsoil shall be removed from the development without approval from the City Engineer of which said approval shall not be unreasonably withheld. 7. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under construction within the development until such time as all Improvements have been installed and building occupancy has been granted. The City shall make a reasonable effort to require the contractor responsible for the debris to clean up the debris or to hold the subject property owner who hired the contractor responsible. The Developer and/or subject property owner shall clean up the debris within forty-eight (48) hours after receiving a notice from the City Engineer. If said debris is not cleaned up after notification, the City will do so at the Developer’s and/or subject property owner's expense. SECTION XI : GENERAL CONDITIONS AND REGULATIONS Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION XII : GUARANTEES The Developer shall guarantee all improvements described in Section III, Improvements, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Developer shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION XIII : GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and 70 8 employees, and independent contractors growing out of this Agreement as stated above by any party or parties except those claims asserted by Developer against City, its officers, agents and employees in an effort to enforce this Agreement. a) Indemnification and Hold Harmless. The Developer shall indemnify and hold harmless the City, its officers, agents, independent contractors, consultants, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Developer, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable. In any and all claims against the City, its officers, agents, independent contractors, and employees by the Developer, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Developer, its officers, agents, independent contractors, employees under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. The foregoing indemnity shall not apply to the negligence or willful misconduct of the City. b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, consultant, and employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Development (including but not limited to street right of way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Developer shall at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover both Developer and the City and its agents, employees, and officials. A certificate of Developer’s insurance shall be furnished to the City upon execution of this Agreement including separate written endorsements naming the City as an additional insured, providing 30 days written notification of cancellation, naming the Developer’s insurance as Primary and Non-Contributory and waiving any rights of subrogation as to the City. Such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City’s right to recover thereon. 71 9 SECTION XIV : CITY RESPONSIBILITY FOR IMPROVEMENTS: The City shall not be responsible to perform repair or maintenance on any Improvements until the Improvements have been accepted by the City. After acceptance by the City, the City shall be responsible for the repair and maintenance of the improvements, including the repairs and replacement of any Developer- owned asphalt, concrete, curb, landscaping or building damaged as a result of any such repair or maintenance. SECTION XV : AGREEMENT FOR BENEFIT OF PURCHASERS: The Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of any possible purchaser of this lot. Further, that the sale of this lot shall not release the Developer from completing the Improvements provided for under this Agreement, by applicable Ordinances and as set forth in the plans and specifications on file in the Department of Public Works and Development. SECTION XVI : CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Developer to construct the Improvements in accordance with the plans and specifications called for by this Agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Developer such permits or easements as may be required to enter upon and install the previous described Improvements in any public street or public property. 3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Developer or their nominee, successors or assigns, permits for the construction of the building subject to the provision of Section XVII, Building and Occupancy Permits. SECTION XVII : BUILDING AND OCCUPANCY PERMITS: Once the applicable Improvements, as identified in Section III, are complete to the City’s satisfaction, the developers may apply for building permits to be reviewed by the city. These improvements include the installations of all curb and gutter, the base course(s) of asphalt, required mass grading and operation of the sanitary sewer, storm sewer and water systems. It is expressly understood and agreed that no occupancy permit shall be issued until the City Engineer or his designee has determined that: 1. All parameters of Plan Commission Resolution #021-2020 have been met to the satisfaction of the Planning Manager. 2. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public Works & Development Director. 3. A bond remains on file to guarantee compliance with any other obligations under the agreement. 4. A Resolution of the dedication and acceptance of Improvements is approved by the City. 5. The Developer is not in default of any aspect of this Agreement. 72 10 SECTION XVIII : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building and/or occupancy permits if Developer is in violation of this Agreement, but no permits and/or occupancy shall be unreasonably withheld. SECTION XIX : FINANCIAL GUARANTEES: 1. BOND: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a bond, setting forth terms and conditions upon which the City may draw upon the same, in the City Attorney approved form, in the amount of $1,621,586.00 which amount shall be approximately 120% of the estimated cost of improvements and other obligations pursuant to this Agreement. This shall be held by the City as a guarantee that the required plans and improvements will be completed by the Developer and its subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Development is satisfied and all other obligations pursuant to this Agreement have been satisfied. If at any time: a) Developer is in default of any aspect of this Agreement, or b) The Developer does not complete the installation of the Improvements within one (1) year from the signing of this Agreement unless otherwise extended by this Agreement or by action of the City Council, or c) The Developer fails to maintain a bond in an amount approved by City Engineer to pay the costs of Improvements in the Development per the terms of this Agreement, the Developer shall be deemed in violation of this Agreement and the City Council shall have the authority to draw upon the financial guarantee. 2. Invoices: All invoices documenting public Improvements shall be provided to the City. 3. Reduction of Bond: The Developer shall provide the Public Works & Development Director or his designee with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form and signed original lien waivers for all work which is subject of the release request. The Public Works & Development Director or his designee will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. The Public Works & Development Director shall not, however, reduce the financial guarantee with regard to amounts necessary to ensure compliance with obligations of this Agreement that are not improvement construction costs, unless (1) the Developer proves full compliance with such issues to the satisfaction of the Public Works & Development Director; or (2) 14 months have passed from the date of substantial completion as determined in Wisconsin Statute 236.13(2)(am)(1)(c) and no claims have been made against the City or by the City against the Developer in that regard. In the event the Bond requires renewal, the City shall reduce the required amount of the Bond to 120% of the amount of the outstanding Improvements. 4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $7,500.00 balance in the Developer's Deposit. No reduction of the balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. Upon completion of the project, acceptance of improvements and payment of all project related costs, any unused balance remaining in Developer’s Deposit account shall be returned to Developer. 5. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the 73 11 City is entitled by virtue of this Agreement relating to the Improvements or other Developer obligations pursuant to this Agreement. This provision constitutes the Developer’s consent to the installation by the City of all Improvements required by this Agreement and constitutes the Developer’s waiver of notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XX : PARTIES BOUND: Developer or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to any phase of the development. This section allows for the City to enforce the terms and conditions of this agreement against all such assignees, but does not grant rights to assignees absent the City’s written consent as described in Section XXII, Amendments and Assignment. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, drainage facilities, ditches, landscaping and all other improvements shall be the Developers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XXI : EXCULPATION OF CITY CORPORATE AUTHORITIES: The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this Agreement solely in their official capacity and not individually, and shall have no personal liability or responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived. SECTION XXII : AMENDMENTS AND ASSIGNMENT: Developer shall not assign this Agreement without the written consent of the City. The City and the Developer, by mutual consent, may amend this Agreement, by written agreement between the City and the Developer. SECTION XXIII : NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally or sent by prepaid United States Postal Service certified mail with return receipt requested, to all parties as follows: To City: Planning Division - City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0749 (262) 679-4136 To Developer: Home Path Financial LP 19435 W. Capital Drive, Suite 102 Brookfield, WI 53045 All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, or three (3) days after the date of postmark on any prepaid certified letter. Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the party. 74 12 SECTION XXIV : RECORDING This Agreement shall be recorded against the Development property and shall run with the land. 75 13 SECTION XXV : PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officer(s) and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. Home Path Financial LP: By: _______________________________ Its: ________________________________ STATE OF WISCONSIN ) SS _____________ COUNTY ) PERSONALLY came before me this ____day of _____________, 2021, ______________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of _____________ My Commission Expires ___ IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. B. CITY OF MUSKEGO: BY: Richard R. Petfalski, Jr., Mayor BY: Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______________, 2021, the above named Richard R. Petfalski, Jr., Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the ______ day of _____________, 2021. Notary Public-State of Wisconsin My Commission Expires 76 14 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Cobblestone Court, Muskego, Wisconsin, as entered into on the ____ day of _____________, 2021 by and between Home Path Financial LP, and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ____________, 2021. BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This ______day of ___________, 2021. My commission expires This instrument drafted by: Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 77 Council Date March 23, 2021 $639,381.37 Total Voucher Approval $65,688.77 Total Water $65,688.77 5,963.76 Total Sewer $5,963.76 $ #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) $252,497.36 ( $ #2 - Tax Voucher Approval $315,231.48 ( Total General Fund Vouchers $ #3 - General Voucher Approval $ $ Debt Service $ $367,678.07 #4 - Wire Transfers Approval Check #Amount Check #Amount Total *** Total 0.00 *Total *** Wire transfers (Approve Separately): Payroll/Invoice Transmittals Void Checks Since Last Report Total General Fund Vouchers (Approve Separately) General Fund Vouchers General Fund Prior Council Correction 315,231.48 Big Muskego Lake Vouchers Development Fund Vouchers Net Total Utility Vouchers 71,652.53 Tax Vouchers Tax Void Checks Total Tax Vouchers 252,497.36 Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers Water Wire Transfers Sewer Vouchers Sewer Wire Transfers 78 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number ACE HARDWARE - WINDLAKE 012133 1 Invoice DOOR SWEEP 02/22/2021 03/23/2021 29.98 321 100.04.51.08.5415 Total ACE HARDWARE - WINDLAKE:29.98 ADVANCED DISPOSAL - MUSKEGO-C6 C60001710460 3 Invoice YARD WASTE - OCTOBER 10/31/2020 03/23/2021 1,484.11 1220 205.03.00.00.6056 C60001710460 1 Invoice REFUSE - OCTOBER 10/31/2020 03/23/2021 48,273.61 1220 205.03.30.00.5820 C60001710460 2 Invoice RECYCLING - OCTOBER 10/31/2020 03/23/2021 25,350.93 1220 205.03.00.00.5820 Total ADVANCED DISPOSAL - MUSKEGO-C6:75,108.65 ADVANTAGE POLICE SUPPLY INC 21-005 2 Invoice KRISTALIDIS VEST EXCESS 03/23/2021 03/23/2021 230.00 321 100.02.20.01.5151 21-005 1 Invoice KRISTALIDIS VEST 03/23/2021 03/23/2021 800.00 321 100.02.20.01.5227 Total ADVANTAGE POLICE SUPPLY INC:1,030.00 AFLAC GROUP INSURANCE A153640900 1 Invoice SHORT TERM 02/28/2021 03/23/2021 1,412.28 321 100.00.00.00.2243 A153640900 2 Invoice ACCIDENT 02/28/2021 03/23/2021 317.00 321 100.00.00.00.2247 A153640900 3 Invoice CRITICAL ILL 02/28/2021 03/23/2021 57.64 321 100.00.00.00.2248 Total AFLAC GROUP INSURANCE:1,786.92 AM TOWING W 29117 1 Invoice VEHICLE FROM IR #21-3999 03/16/2021 03/23/2021 186.00 321 100.02.20.01.5722 Total AM TOWING:186.00 AMAZON CAPITAL SERVICES 11HH-M79P-JL 1 Invoice FOL - KIDS 03/15/2021 03/23/2021 103.73 321 100.05.71.00.5752 19P3-74NV-7Y 1 Invoice AV 03/09/2021 03/23/2021 18.36 321 100.05.71.02.5711 1GXD-D9DY-T 1 Invoice THREE RING BINDERS/TABS FTO 03/07/2021 03/23/2021 93.57 321 100.02.20.01.5701 1J6V-HLHV-6J 1 Invoice DPW- REPLACEMENT MONTIOR 03/18/2021 03/23/2021 124.99 321 100.07.01.06.6501 1J6V-HLHV-7V 1 Invoice MONTIOR CONNECTION- DPW-SS 03/18/2021 03/23/2021 45.93 321 100.01.14.00.5506 1L7J-R3CM-9C 1 Invoice EXTRA ADAPTOR FOR DETECTIV 03/10/2021 03/23/2021 18.88 321 100.02.20.01.5701 1NPTNPNJ-TY 1 Invoice USB CONNNECTOR DETECTIVE L 03/05/2021 03/23/2021 10.99 321 100.02.20.01.5701 1TMH-K6R7-4 1 Invoice AV 03/05/2021 03/23/2021 419.89 321 100.05.71.02.5711 1VHT-91VW-K 1 Invoice HDMI SWITCH AND GLUE STICKS 03/10/2021 03/23/2021 25.63 321 100.05.71.00.5701 1XFD-DMVJ-N 1 Invoice PRINT 03/07/2021 03/23/2021 76.99 321 100.05.71.01.5711 Total AMAZON CAPITAL SERVICES:938.96 AMERICAN HYDRAULICS INC 25280 1 Invoice REBUILT CYLINDER 03/02/2021 03/23/2021 1,686.00 321 100.04.51.07.5405 Total AMERICAN HYDRAULICS INC:1,686.00 AMERICAN STATE EQUIP INC P77141 1 Invoice OIL, AIR FILTERS, ETC 03/03/2021 03/23/2021 494.44 321 100.04.51.07.5405 79 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number P77200 1 Invoice GREASE GUN PARTS 03/05/2021 03/23/2021 27.70 321 100.04.51.07.5405 W13761 1 Invoice CORE CREDIT 10/06/2020 03/23/2021 327.07-1220 100.04.51.07.5405 Total AMERICAN STATE EQUIP INC:195.07 AT & T 262679410603/1 Invoice MONTHY CENTREX LINE-03/01/2021 03/23/2021 1,200.60 321 100.01.06.00.5601 Total AT & T:1,200.60 BAKER & TAYLOR COMPANY 1623969 1 Invoice PRINT 03/05/2021 03/23/2021 4,292.18 321 100.05.71.01.5711 2035798787 1 Invoice PRINT 02/23/2021 03/23/2021 916.17 321 100.05.71.01.5711 2035804395 1 Invoice PRINT 02/25/2021 03/23/2021 1,615.43 321 100.05.71.01.5711 2035808903 1 Invoice PRINT 03/01/2021 03/23/2021 1,000.30 321 100.05.71.01.5711 2035814050 1 Invoice PRINT 03/02/2021 03/23/2021 912.61 321 100.05.71.01.5711 2035819525 1 Invoice PRINT 03/04/2021 03/23/2021 464.07 321 100.05.71.01.5711 2035824346 1 Invoice PRINT 03/08/2021 03/23/2021 388.64 321 100.05.71.01.5711 2035831955 1 Invoice PRINT 03/10/2021 03/23/2021 404.47 321 100.05.71.01.5711 5016798116 1 Invoice PRINT 03/03/2021 03/23/2021 38.66 321 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:10,032.53 BAKER & TAYLOR ENTERTAINMENT H54364490 1 Invoice AV 02/23/2021 03/23/2021 55.41 321 100.05.71.02.5711 H54421230 1 Invoice AV 03/01/2021 03/23/2021 21.56 321 100.05.71.02.5711 H54430540 1 Invoice AV 03/01/2021 03/23/2021 70.50 321 100.05.71.02.5711 H54433700 1 Invoice AV 03/01/2021 03/23/2021 11.88 321 100.05.71.02.5711 H54476910 1 Invoice AV 03/02/2021 03/23/2021 21.59 321 100.05.71.02.5711 H54487070 1 Invoice AV 03/02/2021 03/23/2021 10.79 321 100.05.71.02.5711 H54522720 1 Invoice AV 03/05/2021 03/23/2021 12.73 321 100.05.71.02.5711 H54522920 1 Invoice AV 03/05/2021 03/23/2021 14.98 321 100.05.71.02.5711 H54539450 1 Invoice AV 03/08/2021 03/23/2021 249.72 321 100.05.71.02.5711 H5454720 1 Invoice AV 03/08/2021 03/23/2021 14.39 321 100.05.71.02.5711 H54572280 1 Invoice AV 03/10/2021 03/23/2021 17.99 321 100.05.71.02.5711 H54572281 1 Invoice AV 03/10/2021 03/23/2021 20.14 321 100.05.71.02.5711 H54595890 1 Invoice AV 03/10/2021 03/23/2021 14.39 321 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:536.07 BATTERIES PLUS LLC P37541207 1 Invoice AA BATTERIES 03/11/2021 03/23/2021 25.32 321 605.54.06.41.5702 Total BATTERIES PLUS LLC:25.32 BEST PLUMBING SPECIALTIES, INC 6012215 2 Invoice URINAL ENFORCER 03/09/2021 03/23/2021 37.80 321 100.05.71.00.5415 6012215 3 Invoice URINAL ENFORCER 03/09/2021 03/23/2021 37.80 321 100.01.09.00.5415 6012215 1 Invoice CLOSET DROP-IN 03/09/2021 03/23/2021 137.75 321 100.05.71.00.5415 Total BEST PLUMBING SPECIALTIES, INC:213.35 BOBCAT PLUS, INC. IB11548 1 Invoice SNOW BLOWER PARTS 02/23/2021 03/23/2021 19.75 321 100.04.51.11.5405 IB11763 1 Invoice BOBCAT PARTS 02/25/2021 03/23/2021 452.77 321 100.04.51.07.5405 Total BOBCAT PLUS, INC.:472.52 80 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number BPI COLOR 0578276 1 Invoice KIP PAPER 02/26/2021 03/23/2021 218.14 321 100.06.18.01.5704 Total BPI COLOR:218.14 CARDMEMBER SERVICE (ELAN) 0018/032321 1 Invoice WIPEG DUES 02/25/2021 03/23/2021 110.00 321 100.02.20.01.5305 0042/032321 4 Invoice TRAINING 02/25/2021 03/23/2021 350.00 321 605.56.09.21.5301 0042/032321 1 Invoice WATER DEPT SUPPLIES 02/25/2021 03/23/2021 165.10 321 605.54.06.54.5702 0042/032321 2 Invoice SHOP SUPPLIES 02/25/2021 03/23/2021 147.89 321 601.61.61.15.5415 0042/032321 3 Invoice POSTAGE - WATER SAMPLES 02/25/2021 03/23/2021 96.45 321 605.55.09.03.5710 0067/032321 3 Invoice AWS SERVICES-MONTHLY 02/25/2021 03/23/2021 64.43 321 100.01.14.00.5507 0067/032321 4 Invoice ADOBE MO.- DRONE EDITING 02/25/2021 03/23/2021 22.04 321 100.02.20.01.5504 0067/032321 1 Invoice ANNUAL DUES- GIPAW 02/25/2021 03/23/2021 50.00 321 100.01.14.00.5305 0067/032321 5 Invoice TRANSACTION FEE- SURVEYS 02/25/2021 03/23/2021 6.72 321 100.01.14.00.5507 0067/032321 2 Invoice SURVERYS FOR SOCIAL MEDIA 02/25/2021 03/23/2021 336.00 321 100.01.14.00.5507 0083/032321 2 Invoice DNR AQUATIC PLANT CONTROL P 02/25/2021 03/23/2021 1,301.75 321 250.01.00.00.6603 0083/032321 6 Invoice PRESCRIBED BURN AHEAD SIGN 02/25/2021 03/23/2021 82.05 321 215.06.00.00.5704 0083/032321 3 Invoice WILDLIFE CAMERAS ON NESTING 02/25/2021 03/23/2021 977.00 321 215.06.00.00.5704 0083/032321 7 Invoice WAA CONF 02/25/2021 03/23/2021 130.00 321 215.06.00.00.5303 0083/032321 4 Invoice WILDLIFE CAMERA PICTURE SER 02/25/2021 03/23/2021 360.00 321 215.06.00.00.6008 0083/032321 8 Invoice PRAIRIE ENTHUSIASTS CONF 02/25/2021 03/23/2021 60.00 321 215.06.00.00.5303 0083/032321 1 Invoice SIM CARD FOR WILDLIFE CAMER 02/25/2021 03/23/2021 30.00 321 215.06.00.00.5704 0083/032321 5 Invoice CAMERA MOUNTS 02/25/2021 03/23/2021 101.00 321 215.06.00.00.5704 0083/032321 9 Invoice EAGLES NEST VIDEO FEED 02/25/2021 03/23/2021 20.00 321 215.06.00.00.5704 0286/032321 1 Invoice LEXIS NEXIS 02/25/2021 03/23/2021 298.00 321 100.01.05.00.5506 1472/032321 3 Invoice KRISTALIDIS UNIFORM 02/25/2021 03/23/2021 104.99 321 100.02.20.01.5151 1472/032321 4 Invoice PFC LUNCH CHIEF INTERVIEWS 02/25/2021 03/23/2021 54.17 321 100.02.20.01.6022 1472/032321 1 Invoice WACCI CONFERENCE - KRAUS 02/25/2021 03/23/2021 40.00 321 100.02.20.01.5303 1472/032321 2 Invoice VEHICLE SCALE LICENSE RENEW 02/25/2021 03/23/2021 117.88 321 100.02.20.01.5722 2229/032321 2 Invoice MENARDS, JOHNNYS 02/25/2021 03/23/2021 569.22 321 100.04.51.04.5744 2229/032321 3 Invoice CLOTHING - CARHARTT 02/25/2021 03/23/2021 264.98 321 100.04.51.01.5225 2229/032321 1 Invoice SNOW GROOMER - XC TRAILS 02/25/2021 03/23/2021 1,599.95 321 100.04.51.11.5415 3189/032321 1 Invoice WRITTEN TESTS FOR OFFICER C 02/25/2021 03/23/2021 20.71 321 100.02.20.01.5845 3189/032321 2 Invoice FTO HOTEL/GAS 02/25/2021 03/23/2021 495.00 321 100.02.20.01.5301 3189/032321 4 Invoice SIPPEL HOTEL TRAINING 02/25/2021 03/23/2021 82.00 321 100.02.20.01.5301 3189/032321 3 Invoice WRITTEN TESTS RETURN 02/25/2021 03/23/2021 18.00 321 100.02.20.01.5845 3871/032321 2 Invoice MAR ADULT/YA TAKE AND MAKE 02/25/2021 03/23/2021 22.65 321 100.05.71.00.6062 3871/032321 1 Invoice WALL STREET JOURNAL ANNUAL 02/25/2021 03/23/2021 539.88 321 100.05.71.01.5711 3905/032321 1 Invoice FOL - TEEN 03/23/2021 03/23/2021 15.52 321 100.05.71.00.5752 3913/032321 1 Invoice KIDS - FOL 02/25/2021 03/23/2021 61.62 321 100.05.71.00.5752 3921/032321 1 Invoice PRESCHOOL CLASS VALENTINES 02/25/2021 03/23/2021 6.94 321 100.05.72.16.5702 4271/032321 1 Invoice BIZTIMES SUBSCRIPTION 02/25/2021 03/23/2021 96.00 321 100.01.01.00.5701 5731/032321 1 Invoice STORMWATER WORKSHOP APRIL 02/25/2021 03/23/2021 120.00 321 100.04.19.00.5303 5731/032321 2 Invoice ASCE WI TECH CONF 02/25/2021 03/23/2021 25.00 321 100.04.19.00.5303 7547/032321 3 Invoice BATTERIES CITY HALL 02/25/2021 03/23/2021 9.44 321 100.01.09.00.5415 7547/032321 4 Invoice CANOLA OIL 02/25/2021 03/23/2021 7.96 321 100.01.09.00.5415 7547/032321 1 Invoice SODA & WATER 02/25/2021 03/23/2021 26.10 321 100.01.06.00.5702 7547/032321 5 Invoice UTILITY HOOKS FOR PD 02/25/2021 03/23/2021 11.37 321 100.02.20.01.5415 7547/032321 2 Invoice BULB FOR SQUAD 02/25/2021 03/23/2021 18.89 321 100.02.20.01.5405 9960/032321 1 Invoice WMCA MEMBERSHIP DUES - JILL 02/25/2021 03/23/2021 65.00 321 100.01.03.00.5305 9960/032321 2 Invoice SURVEY 02/25/2021 03/23/2021 225.00 321 605.56.09.21.5510 9960/032321 3 Invoice SURVEY 02/25/2021 03/23/2021 225.00 321 601.61.63.42.5509 9960/032321 4 Invoice SURVEY 02/25/2021 03/23/2021 450.00 321 100.01.06.00.5506 Total CARDMEMBER SERVICE (ELAN):10,001.70 81 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number CDW GOVERNMENT, INC 8942326 1 Invoice MEETING ROOMS-WIRELESS KEY 03/05/2021 03/23/2021 45.90 321 100.07.01.06.6501 Total CDW GOVERNMENT, INC:45.90 CIVIC PLUS CORP 210053 1 Invoice ANNUAL CIVIC PLUS-WEBSITE 04/01/2021 03/23/2021 13,512.85 321 100.01.14.00.5507 Total CIVIC PLUS CORP:13,512.85 COMPLETE OFFICE OF WIS 892543 1 Invoice OFFICE SUPPLIES 03/08/2021 03/23/2021 14.26 321 100.01.08.00.5701 897135 1 Invoice NEW CHIEF NAME STAMP 03/12/2021 03/23/2021 26.48 321 100.02.20.01.5701 Total COMPLETE OFFICE OF WIS:40.74 CONSERV FS INC 60038260 1 Invoice SPECTRA LUBE RED, OIL 03/11/2021 03/23/2021 377.20 321 100.04.51.07.5735 Total CONSERV FS INC:377.20 CUMMINS SALES AND SERVICE F6-4434 1 Invoice METER-HOUR 03/09/2021 03/23/2021 80.16 321 601.61.61.16.5411 Total CUMMINS SALES AND SERVICE:80.16 DEPT OF NATURAL RESOURCES/ DNR DNR/032321-B 1 Invoice LANDAU BOAT REG RENEWAL 03/11/2021 03/23/2021 32.00 321 215.06.00.00.6008 WDNR/032321 1 Invoice POLARIS ATV REG RENEWAL 03/11/2021 03/23/2021 30.00 321 250.01.00.00.5410 Total DEPT OF NATURAL RESOURCES/ DNR:62.00 DF TOMASINI, INC. 2181-14 1 Invoice WATER MAIN REPAIR - ST LEONA 03/10/2021 03/23/2021 4,297.00 321 605.54.06.50.5702 Total DF TOMASINI, INC.:4,297.00 EAGLE MEDIA, INC. 00132102 1 Invoice MACK UNIFORMS 03/11/2021 03/23/2021 110.72 321 100.02.20.10.5151 00132120 1 Invoice TACHICK UNIFORMS 03/12/2021 03/23/2021 161.64 321 100.02.20.10.5151 Total EAGLE MEDIA, INC.:272.36 EDUCATORS CREDIT UNION 2189990001/03 1 Invoice TAX REFUND/49 MSKC2189.990.00 03/04/2021 03/23/2021 2,282.36 321 501.00.00.00.2120 Total EDUCATORS CREDIT UNION:2,282.36 FBINAA WISCONSIN NA#260 1 Invoice FBINAA CONFERENCE CONSTAN 03/16/2021 03/23/2021 110.00 321 100.02.20.01.5303 Total FBINAA WISCONSIN:110.00 FERGUSON WATERWORKS #1476 0323429 1 Invoice METERS/PARTS 03/10/2021 03/23/2021 2,329.88 321 605.54.06.41.5702 Total FERGUSON WATERWORKS #1476:2,329.88 82 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number FINDAWAY WORLD LLC 342559 1 Invoice AV 02/25/2021 03/23/2021 372.94 321 100.05.71.02.5711 Total FINDAWAY WORLD LLC:372.94 FLEET CHARGE 2244862P 1 Invoice #16 OLD #8 02/23/2021 03/23/2021 481.88 321 100.04.51.07.5405 Total FLEET CHARGE:481.88 GALLS, LLC,-DBA RED THE UNIFORM TAILOR 017761137 1 Invoice RENS CREDIT UNIFORM 02/26/2021 03/23/2021 66.10-321 100.02.20.01.5151 BC1300490 1 Invoice PETZ UNIFORMS 03/23/2021 03/23/2021 309.97 321 100.02.20.01.5151 BC1300631 1 Invoice BECK UNIFORMS 02/23/2021 03/23/2021 16.00 321 100.02.20.01.5151 BC1303695 1 Invoice BECK UNIFORMS 02/26/2021 03/23/2021 13.56 321 100.02.20.01.5151 BC1303697 1 Invoice KRISTALIDIS UNIFORMS 02/26/2021 03/23/2021 16.00 321 100.02.20.01.5151 Total GALLS, LLC,-DBA RED THE UNIFORM TAILOR:289.43 GRAEF INC 0114455 2 Invoice GLEN AT PELLMAN FARM 03/13/2021 03/23/2021 303.00 321 507.00.00.00.2691 0114455 1 Invoice MS4 STORM WATER 03/13/2021 03/23/2021 42.50 321 216.08.00.00.6557 0114456 1 Invoice WILL ROSE APTS 03/13/2021 03/23/2021 2,564.63 321 507.00.00.00.2699 0114457 1 Invoice JEWELL LAKE DENOON DEVELOP 03/13/2021 03/23/2021 60.00 321 507.00.00.00.2777 0114458 1 Invoice HRIN 4 LOT DEVELOPEMENT 03/13/2021 03/23/2021 339.66 321 507.00.00.00.2783 0114459 1 Invoice MUSKEGO LAKE ESTATES 03/13/2021 03/23/2021 200.25 321 507.00.00.00.2761 0114460 1 Invoice INTERSTATE PARTNERS SPEC BL 03/13/2021 03/23/2021 2,565.00 321 507.00.00.00.2752 0114461 1 Invoice COBBLESTONE COURT DEVELOP 03/13/2021 03/23/2021 761.75 321 507.00.00.00.2646 0114462 1 Invoice COMMONWEALTH SCHOOL DEVE 03/13/2021 03/23/2021 499.01 321 507.00.00.00.2754 0114463 1 Invoice PRESBYTERIAN HOMES 03/13/2021 03/23/2021 2,176.00 321 507.00.00.00.2768 0114464 1 Invoice KWIK TRIP 03/13/2021 03/23/2021 30.00 321 507.00.00.00.2726 0114473 1 Invoice WELL PUMP #11 REPL 03/13/2021 03/23/2021 1,515.89 321 605.00.00.00.1961 0114474 1 Invoice GLEN AT MUSKEGO LAKES 03/13/2021 03/23/2021 5,679.50 321 507.00.00.00.2716 0114475 1 Invoice RENO BERG CROWBAR DEVELO 03/13/2021 03/23/2021 3,082.00 321 507.00.00.00.2692 0114476 1 Invoice DENOON COUNTRY ESTATES 03/13/2021 03/23/2021 3,965.66 321 507.00.00.00.2796 0114477 1 Invoice ROAD PROGRAM 03/13/2021 03/23/2021 4,737.75 321 100.07.51.02.6502 0114483 1 Invoice GENERAL ENGINEERING SERVIC 03/13/2021 03/23/2021 1,900.00 321 100.04.19.00.5815 0114484 1 Invoice THOMPSON CSM 03/13/2021 03/23/2021 777.50 321 507.00.00.00.2679 0114485 1 Invoice GENERAL ENGINEERING SEWER 03/13/2021 03/23/2021 616.50 321 601.61.63.43.5815 0114486 1 Invoice WELL PUMP #10 REPL 03/13/2021 03/23/2021 2,043.50 321 605.00.00.00.1935 0114487 1 Invoice WHITEHOUSE CSM 03/13/2021 03/23/2021 217.50 321 507.00.00.00.2689 Total GRAEF INC:34,077.60 HARPKE, ANDREW 03112165638 1 Invoice 22MM SOCKET - 1/2" DRIVE 03/11/2021 03/23/2021 36.75 321 100.04.51.07.5405 Total HARPKE, ANDREW:36.75 HAWKINS, INC. 4886036 1 Invoice AZONE 15 02/24/2021 03/23/2021 1,054.65 321 601.61.61.12.5750 4886036 2 Invoice AZONE 15 02/24/2021 03/23/2021 1,054.65 321 605.53.06.31.5750 4888361 1 Invoice LUTZ ON/OFF SWITCH 02/26/2021 03/23/2021 141.95 321 605.52.06.25.5702 Total HAWKINS, INC.:2,251.25 HOLZ MOTORS, INC 77019 1 Invoice KEY CUT FOR SUSPECT VEHICLE 03/12/2021 03/23/2021 71.62 321 100.02.20.01.5722 83 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total HOLZ MOTORS, INC:71.62 HUMPHREY SERVICE PARTS 1233027 1 Invoice FLOOR SCREW/BOLTS/WASHERS 02/04/2021 03/23/2021 139.44 321 100.04.51.08.5415 1234651 1 Invoice #7 FUSE 02/25/2021 03/23/2021 14.50 321 100.04.51.07.5405 1234809 1 Invoice SHOP 02/26/2021 03/23/2021 570.60 321 100.04.51.07.5405 1235700 1 Invoice #5 TRUCK 03/09/2021 03/23/2021 25.94 321 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS:750.48 HYDROCORP 0061062-IN 1 Invoice MCC - FEBRUARY 01/21 - 12/22 02/28/2021 03/23/2021 829.00 321 605.56.09.23.5815 Total HYDROCORP:829.00 IMPACT ACQUISTIONS LLC 2052585 1 Invoice PUBLIC MFD 03/01/21-05/31/21 03/01/2021 03/23/2021 328.00 321 100.05.71.00.5401 Total IMPACT ACQUISTIONS LLC:328.00 INGERSOLL LIGHTING 119629 1 Invoice LIGHTING - 4" TUBE 18W BULBS 02/26/2021 03/23/2021 669.00 321 100.05.71.00.5415 119633 1 Invoice LIGHTING - VICTORY PL 11W BUL 03/04/2021 03/23/2021 188.16 321 100.05.71.00.5415 Total INGERSOLL LIGHTING:857.16 INTRADO LIFE & SAFETY SOLUTIONS 5045782 1 Invoice 911 ANNUAL SUPPORT- ELM GRO 03/04/2021 03/23/2021 11,000.00 321 100.02.20.01.5504 5045783 1 Invoice 911 ANNUAL SUPPORT- MUKWON 03/04/2021 03/23/2021 11,000.00 321 100.02.20.01.5504 5045784 1 Invoice ANNUAL 911- SUPORT- MUSKEGO 03/04/2021 03/23/2021 11,000.00 321 100.02.20.01.5504 Total INTRADO LIFE & SAFETY SOLUTIONS:33,000.00 J & O TRUCKING INC 2021-1624 1 Invoice REMOVE SNOW - JANESVILLE 03/05/2021 03/23/2021 200.00 321 100.04.51.11.5820 Total J & O TRUCKING INC:200.00 JET VAC ENVIRONMENTAL 0000003605 1 Invoice CAMERA REPAIR 02/16/2021 03/23/2021 205.43 321 601.61.61.16.5411 Total JET VAC ENVIRONMENTAL:205.43 JOERS, STACI JO032321 1 Invoice CLASS INSTRUCTION- COOKING 03/04/2021 03/23/2021 54.00 321 100.05.72.18.5110 Total JOERS, STACI:54.00 LANDMARK STUDIO, LTD 18657 1 Invoice SIGN POSTS 03/05/2021 03/23/2021 640.00 321 100.04.51.03.5743 Total LANDMARK STUDIO, LTD:640.00 LANGE ENTERPRISES 75570 1 Invoice ADDRESS FRAMES & TILES 03/09/2021 03/23/2021 234.86 321 100.02.25.00.5752 84 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total LANGE ENTERPRISES:234.86 LEGACY RECYCLING 2323 1 Invoice EMERALD PARK LANDFILL FEB 20 03/08/2021 03/23/2021 870.55 321 205.03.00.00.5820 Total LEGACY RECYCLING:870.55 LEWICKI, ROBERT & MARY LE/032321 1 Invoice MAILBOX DAMAGE 03/03/2021 03/23/2021 50.00 321 100.04.51.05.5704 Total LEWICKI, ROBERT & MARY:50.00 LITTLE MUSKEGO LAKE DIST LMLD/032321 1 Invoice 2020 TAX LAKE FEES 03/15/2021 03/23/2021 250,125.00 1220 501.00.00.00.2307 Total LITTLE MUSKEGO LAKE DIST:250,125.00 MCCOY, DUSTIN & JULIE MC032321 1 Invoice REFUND 4TH QTR PAYMENT 03/11/2021 03/23/2021 282.64 321 001.00.00.00.1005 Total MCCOY, DUSTIN & JULIE:282.64 MENARDS 2367 1 Invoice GREEN TREATED LUMBER - BML 03/03/2021 03/23/2021 20.97 321 250.01.00.00.5410 2418 1 Invoice PARK SUPPLIES 03/04/2021 03/23/2021 1,057.49 321 100.04.51.08.5415 Total MENARDS:1,078.46 MERGENT INC 1673004607 1 Invoice HARRIS DIRECTORY OF WI BUSIN 09/11/2019 03/23/2021 376.00 321 100.05.71.01.5711 Total MERGENT INC:376.00 MICROMARKETING LLC 841933 1 Invoice AV 03/04/2021 03/23/2021 39.99 321 100.05.71.02.5711 842466 1 Invoice AV 03/09/2021 03/23/2021 119.99 321 100.05.71.02.5711 Total MICROMARKETING LLC:159.98 MILWAUKEE AREA TECHNICAL COLLEGE 61993 1 Invoice PETZ DAAT INSTRUCTOR TRAINI 03/03/2021 03/23/2021 455.38 321 100.02.20.01.5301 Total MILWAUKEE AREA TECHNICAL COLLEGE:455.38 MILWAUKEE JOURNAL SENTINEL 0003725034 1 Invoice ELECTION NOTICE-SPRING PRIM 02/28/2021 03/23/2021 109.28 321 100.01.03.00.5704 0003725374 2 Invoice ELECTIONS - PUBLIC TEST 02/28/2021 03/23/2021 16.95 321 100.01.03.00.5704 0003725374 3 Invoice AQUATIC PLANT MANAGE 02/28/2021 03/23/2021 45.10 321 215.06.00.00.6008 0003725374 4 Invoice 2021 ROAD IMPROVEMENT 02/28/2021 03/23/2021 125.28 321 100.07.51.02.6502 0003725374 1 Invoice PAYNE & DOLAN PUB HEARING N 02/28/2021 03/23/2021 477.77 321 100.06.18.01.5704 0003725374 5 Invoice MISC PUBLICATIONS 02/28/2021 03/23/2021 284.47 321 100.01.06.00.6001 Total MILWAUKEE JOURNAL SENTINEL:1,058.85 MINORIK MITIGATION MI/032321 1 Invoice RESTORATION/SERVICE/REMODE 02/09/2021 03/23/2021 5,864.90 321 100.04.51.11.5415 85 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total MINORIK MITIGATION:5,864.90 MTAW 2318 1 Invoice MEMBERSHIP DUES - JENNY 03/15/2021 03/23/2021 60.00 321 100.01.03.00.5305 Total MTAW:60.00 MUNICIPAL WELL & PUMP 17678 1 Invoice PUMP HOUSE #11 02/24/2021 03/23/2021 40,003.70 321 605.00.00.00.1961 Total MUNICIPAL WELL & PUMP:40,003.70 MUSKEGO HISTORICAL SOCIETY TRI-CO/03232 1 Invoice FARM MUSEUM ROOF 02/04/2021 03/23/2021 2,772.50 321 100.04.51.11.5415 Total MUSKEGO HISTORICAL SOCIETY:2,772.50 NAPA AUTO PARTS 5266-294111 1 Invoice SQD 11 GAS CAP 03/15/2021 03/23/2021 7.90 321 100.02.20.01.5405 Total NAPA AUTO PARTS:7.90 OLSON'S OUTDOOR POWER 154950 1 Invoice SPARK PLUGS, AIR FILTERS 03/05/2021 03/23/2021 216.58 321 100.04.51.11.5405 155005 1 Invoice TRACTOR PARTS 03/08/2021 03/23/2021 720.94 321 100.04.51.11.5405 Total OLSON'S OUTDOOR POWER:937.52 O'REILLY AUTOMOTIVE, INC. 1206536/03232 1 Invoice MISC CHARGES 02/28/2021 03/23/2021 68.16 321 100.04.51.07.5704 3853-291732 1 Invoice TAHOE'S AIR FILTERS 02/23/2021 03/23/2021 29.08 321 100.02.20.01.5405 3853-292059 1 Invoice SQUAD #15 - VACUUM CAPS, HEA 03/02/2021 03/23/2021 6.95 321 100.02.20.01.5405 3853-292063 1 Invoice VAC CONNECT 03/02/2021 03/23/2021 4.84 321 601.61.61.16.5411 3853-292453 1 Invoice SQUAD 3 WATER PUMP/MICRO-V 03/09/2021 03/23/2021 94.04 321 100.02.20.01.5405 Total O'REILLY AUTOMOTIVE, INC.:203.07 PARTSMASTER 23643514 1 Invoice SHOP SUPPLIES 02/19/2021 03/23/2021 485.31 321 100.04.51.07.5405 Total PARTSMASTER:485.31 PROHEALTH CARE 19524964 1 Invoice BLOOD DRAWS 03/01/2021 03/23/2021 210.00 321 100.02.20.01.5722 Total PROHEALTH CARE:210.00 PROVEN POWER INC 02-358580 1 Invoice JD TRACTOR 544K OIL FILTER 03/01/2021 03/23/2021 39.58 321 100.04.51.07.5405 Total PROVEN POWER INC:39.58 QUALITY AWARDS LLC 30474 1 Invoice NAME BADGES 03/11/2021 03/23/2021 24.46 321 100.05.71.00.5701 Total QUALITY AWARDS LLC:24.46 86 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number QUILL LLC 15236028 1 Invoice TOOL KIT FOR PROGRAMS 03/11/2021 03/23/2021 40.07 321 100.05.72.16.5702 15249995 1 Invoice PLAYGROUND STAFF SUPPLIES 03/11/2021 03/23/2021 15.57 321 100.05.72.16.5702 15252632 1 Invoice OFFICE SUPPLIES 03/11/2021 03/23/2021 66.55 321 100.05.72.10.5701 Total QUILL LLC:122.19 R & R INS. SRV., INC 2418702 1 Invoice WORKERS COMPENSATION 03/02/2021 03/23/2021 64,008.00 321 100.01.06.00.6101 2418703 3 Invoice PUBLIC OFFICIALS 03/02/2021 03/23/2021 3,037.00 321 100.01.06.00.6105 2418703 4 Invoice AUTO PHY DAMAGE 03/02/2021 03/23/2021 3,668.00 321 100.01.06.00.6104 2418703 1 Invoice RENEW - GEN & PD LIABILITY 03/02/2021 03/23/2021 10,138.00 321 100.01.06.00.6102 2418703 5 Invoice AUTO LIABILITY 03/02/2021 03/23/2021 3,227.50 321 100.01.06.00.6109 2418703 2 Invoice DAM COVERY 03/02/2021 03/23/2021 62.50 321 100.01.06.00.6103 Total R & R INS. SRV., INC:84,141.00 RELIANCE STANDARD LIFE INS CO VPL302974/03 1 Invoice LONG TERM DISSABILITY-MARCH 02/17/2021 03/23/2021 665.63 321 100.00.00.00.2246 Total RELIANCE STANDARD LIFE INS CO:665.63 RUNDLE-SPENCE S2913162.002 1 Invoice PVC BALL VALVE 03/08/2021 03/23/2021 566.88 321 605.52.06.25.5702 S2915977.001 1 Invoice SPOUT, WASTE DRAIN 03/01/2021 03/23/2021 178.80 321 605.54.06.41.5702 S2915977.002 1 Invoice SWING NOZZEL 03/01/2021 03/23/2021 29.79 321 605.54.06.41.5702 S2915977.003 1 Invoice COMMERCIAL SINK - SHOP 03/09/2021 03/23/2021 1,156.00 321 605.54.06.41.5702 S2920670.001 1 Invoice FOREST MAIN 03/10/2021 03/23/2021 45.95 321 605.54.06.51.5702 Total RUNDLE-SPENCE :1,977.42 SAFEWAY PEST MANAGEMENT INC. 656774 1 Invoice OLD PD PEST CONTROL 03/15/2021 03/23/2021 38.00 321 100.02.20.01.5415 656775 1 Invoice MAR21 PEST CONTROL 03/15/2021 03/23/2021 35.00 321 100.05.71.00.5415 656776 1 Invoice PEST CONTROL/CH-MAR 03/15/2021 03/23/2021 40.00 321 100.01.09.00.5415 657828 1 Invoice NEW PD PEST CONTROL 03/15/2021 03/23/2021 45.00 321 100.02.20.01.5415 Total SAFEWAY PEST MANAGEMENT INC.:158.00 SECURIAN FINANCIAL GROUP, INC. 002832L/03232 1 Invoice APRIL 2021 PREMIUMS 03/04/2021 03/23/2021 2,686.37 321 100.00.00.00.2207 Total SECURIAN FINANCIAL GROUP, INC.:2,686.37 SERVICE SANITATION WISCONSIN INC 58-1079 0/032 1 Invoice PORTABLE TOILET RENTALS MAR 03/03/2021 03/23/2021 340.00 321 100.04.51.11.5820 58-6092 8/032 1 Invoice PORTABLE TOILET RENTALS MAR 03/03/2021 03/23/2021 170.00 321 215.06.00.00.5801 Total SERVICE SANITATION WISCONSIN INC:510.00 SHERWIN-WILLIAMS CO. 1085-0 1 Invoice WELL #2-9 PAINT 02/24/2021 03/23/2021 212.52 321 605.51.06.05.5702 1295-5 1 Invoice SHOE COVERS 03/08/2021 03/23/2021 6.79 321 601.61.61.12.5702 9949-0 1 Invoice PAINT - PARKS 03/05/2021 03/23/2021 172.04 321 100.04.51.08.5415 9950-8 1 Invoice CLEANERS, DEGREASERS - PARK 03/05/2021 03/23/2021 95.44 321 100.04.51.08.5415 Total SHERWIN-WILLIAMS CO.:486.79 87 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number SIEMENS INDUSTRY, INC. 5446385284 1 Invoice CITY HALL FIRE PROTECTION 03/01/2021 03/23/2021 1,500.00 321 100.01.09.00.5415 5446385285 1 Invoice POLICE DEPT FIRE PROTECTION 03/01/2021 03/23/2021 1,150.00 321 100.02.20.01.5415 5446386534 1 Invoice 03/01/21-02/28/22 FIRE SERVICE A 03/01/2021 03/23/2021 1,990.00 321 100.05.71.00.5415 Total SIEMENS INDUSTRY, INC.:4,640.00 SOMAR TEK LLC/ ENTERPRISES 102215 1 Invoice TEMPLE UNIFORM 03/03/2021 03/23/2021 44.00 321 100.02.20.01.5151 102218 1 Invoice SANDRETTI UNIFORMS 03/08/2021 03/23/2021 15.80 321 100.02.20.01.5722 Total SOMAR TEK LLC/ ENTERPRISES:59.80 SONNENTAG, GEORGE 2296999006/03 1 Invoice TAX REFUND/49 03/04/2021 03/23/2021 90.00 321 501.00.00.00.2120 Total SONNENTAG, GEORGE:90.00 STATEWIDE FENCING INC 5828M-1 1 Invoice CHAIN LINK PEDESTRIAN GATE 03/09/2021 03/23/2021 1,388.00 321 601.61.61.15.5415 Total STATEWIDE FENCING INC:1,388.00 STOP STICK, LTD 0020001-IN 1 Invoice STOP STICKS REPLACEMENT 03/04/2021 03/23/2021 840.00 321 100.02.20.01.5722 Total STOP STICK, LTD:840.00 TAPCO INC. I691159 1 Invoice IDLE ISLE PAY STATIONS MONTH 02/26/2021 03/23/2021 100.00 321 100.04.51.11.5820 I691405 1 Invoice IDLE ISLE PAY STATION MONTHLY 03/03/2021 03/23/2021 100.00 321 100.04.51.11.5820 Total TAPCO INC.:200.00 THE ALSTAR CO LLC 21069 1 Invoice GENERATOR BATTERY 03/05/2021 03/23/2021 121.55 321 605.54.06.41.5702 Total THE ALSTAR CO LLC:121.55 THOMAS PRESS, INC. 1982-21 1 Invoice SPRING ABSENTEE INSTR 03/16/2021 03/23/2021 223.00 321 100.01.03.00.5704 Total THOMAS PRESS, INC.:223.00 TIAA COMMERCIAL FINANCE, INC. 20340429 1 Invoice 04/01/21-04/30/21 STAFF PRINTER 03/10/2021 03/23/2021 506.72 321 100.05.71.00.5401 Total TIAA COMMERCIAL FINANCE, INC.:506.72 TIME WARNER CABLE 063003301030 1 Invoice 03/01/21-03/28/21 BUSINESS INTE 03/02/2021 03/23/2021 99.98 321 100.05.71.00.5505 717807501022 1 Invoice MONTHLY FIBER CONNECTION-CI 02/25/2021 03/23/2021 1,620.00 321 100.01.14.00.5507 723336001030 1 Invoice MONTHY CONNECTION- SKATE P 03/07/2021 03/23/2021 104.98 321 100.04.51.11.5820 Total TIME WARNER CABLE:1,824.96 U.S. CELLULAR 0425738648 1 Invoice MONTHLY CHARGE- POLICE 02/28/2021 03/23/2021 296.40 321 100.02.20.01.5604 88 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 0425738648 5 Invoice MONTHLY CHARGE-FINANCE 02/28/2021 03/23/2021 30.00 321 100.01.03.00.5601 0425738648 2 Invoice MONTHLY CHARGE-WATER SCAD 02/28/2021 03/23/2021 142.75 321 605.56.09.21.5607 0425738648 6 Invoice MONTHLY CHARGE-DPW 02/28/2021 03/23/2021 365.00 321 100.04.51.01.5605 0425738648 3 Invoice MONTHLY CHARGE-SEWER SCAD 02/28/2021 03/23/2021 142.75 321 601.61.63.42.5606 0425738648 7 Invoice MONTHLY CHARGE-REC 02/28/2021 03/23/2021 10.00 321 100.05.72.10.5601 0425738648 4 Invoice MONTHLY CHARGE-IS 02/28/2021 03/23/2021 40.00 321 100.01.14.00.5601 Total U.S. CELLULAR:1,026.90 UNEMPLOYMENT INSURANCE 10665502 1 Invoice BENEFIT CHARGES-FEB 2021 02/28/2021 03/23/2021 1,150.84 321 100.01.06.00.6020 Total UNEMPLOYMENT INSURANCE:1,150.84 USA BLUE BOOK 528700 1 Invoice XL GLOVES 03/11/2021 03/23/2021 365.16 321 601.61.61.12.5702 532949 1 Invoice HYDRANT HOSE VALVE ASSEMBL 03/16/2021 03/23/2021 184.49 321 605.54.06.53.5702 Total USA BLUE BOOK:549.65 VIEVU LLC VVS1-1000020 1 Invoice METAL CLIPS FOR BODY CAMS 02/24/2019 03/23/2021 50.95 1220 100.02.20.01.5722 VVSI-1001816 1 Invoice CLIPS FOR BODY CAMERAS 06/12/2020 03/23/2021 265.00 1220 100.02.20.01.5722 VVSI-1002429 1 Invoice BWC REPAIRS 11/05/2020 03/23/2021 398.00 321 100.02.20.01.5722 VVSI-1002430 1 Invoice BWC REPAIR 11/05/2020 03/23/2021 398.00 1220 100.02.20.01.5722 VVSI-1002431 1 Invoice BWC REPAIRS 11/05/2020 03/23/2021 398.00 1220 100.02.20.01.5722 Total VIEVU LLC:1,509.95 WE ENERGIES 3619089468 1 Invoice GAS/ELECTRIC FOR PUMPS/WEL 03/02/2021 03/23/2021 7,459.67 321 605.52.06.22.5910 3619089468 2 Invoice GAS/ELECTRIC FOR PUMPS/WEL 03/02/2021 03/23/2021 2,083.93 1220 605.52.06.22.5910 3620720675 1 Invoice LIBRARY 03/03/2021 03/23/2021 2,908.67 321 100.05.71.00.5910 3620720675 2 Invoice HISTORIC TOWN HALL 03/03/2021 03/23/2021 542.89 321 100.05.72.03.5910 3620720675 3 Invoice AREA LIGHTING 03/03/2021 03/23/2021 225.62 321 100.04.51.11.5910 3622641101 1 Invoice PARKS 03/04/2021 03/23/2021 779.88 321 100.04.51.11.5910 3622641101 2 Invoice PARKS - DECEMBER 03/04/2021 03/23/2021 104.39 1220 100.04.51.11.5910 3622641198 1 Invoice L/S GROUP JAN 2021 03/04/2021 03/23/2021 1,726.59 321 601.61.61.20.5910 3622641198 2 Invoice L/S GROUP DEC 2020 03/04/2021 03/23/2021 77.46 1220 100.04.51.08.5910 3624349476 1 Invoice SIRENS 2021 03/05/2021 03/23/2021 3.05 321 100.02.22.00.5910 3624354195 2 Invoice STREET LIGHTING - DECEMBER 03/05/2021 03/23/2021 293.38 1220 100.04.51.06.5910 3624354195 1 Invoice STREET LIGHTING 03/05/2021 03/23/2021 7,611.78 321 100.04.51.06.5910 Total WE ENERGIES:23,817.31 WELDERS SUPPLY COMPANY 10197024 1 Invoice MONTHLY ACETYLENE 02/26/2021 03/23/2021 6.65 321 100.04.51.07.5405 Total WELDERS SUPPLY COMPANY:6.65 WI STATE LAB OF HYGIENE 667840 1 Invoice WELL 11 RADIUM TESTING 02/28/2021 03/23/2021 329.00 321 605.56.09.23.5865 Total WI STATE LAB OF HYGIENE:329.00 WIND LAKE AUTO PARTS 11660-322874 1 Invoice SUPPLIES 03/10/2021 03/23/2021 50.33 321 215.06.00.00.5704 1975/032321 3 Invoice FLUID FILM 02/27/2021 03/23/2021 84.80 321 100.04.51.07.5735 89 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12 Report dates: 3/10/2021-3/23/2021 Mar 18, 2021 01:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 1975/032321 1 Invoice UTIILITY TRUCK MAINT 02/27/2021 03/23/2021 454.71 321 100.04.51.11.5405 1975/032321 2 Invoice DPW VEHICLE MAINT 02/27/2021 03/23/2021 859.22 321 100.04.51.07.5405 Total WIND LAKE AUTO PARTS:1,449.06 WIS MUNC JUDGES ASSC WMJA/032321 1 Invoice JUDGES MEMBERSHIP 03/09/2021 03/23/2021 75.00 321 100.01.08.00.5303 Total WIS MUNC JUDGES ASSC:75.00 WIS RURAL WATER ASSOC WRWA/032321 1 Invoice COMMUNITY WATER SYSTEMS T 02/12/2021 03/23/2021 100.00 321 605.56.09.21.5301 Total WIS RURAL WATER ASSOC:100.00 WISCONSIN DEPT OF JUSTICE - CIB L68067/032321 1 Invoice RECORD NAME SEARCHES 03/05/2021 03/23/2021 161.00 321 100.01.06.00.6002 Total WISCONSIN DEPT OF JUSTICE - CIB:161.00 YOUNG'S AUTOBODY LLC RO#3687 1 Invoice BALANCE DUE ON SQD 12 REPAI 09/21/2020 03/23/2021 504.00 1220 100.02.20.01.5405 RO#3896 1 Invoice SQD 12 REPAIRS 02/25/2021 03/23/2021 1,242.12 321 100.02.20.01.5405 Total YOUNG'S AUTOBODY LLC:1,746.12 Grand Totals: 639,381.37 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" 90