CCR2022.111-Naming Agreement (Tews, Dog Park)MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (the "Agreement") is made by and among Karen E.
Tews, a Wisconsin resident ("Tews") and City of Muskego, a Wisconsin municipal corporation (the "City").
Hereinafter, Tews and the City may be referred to individually as a "Party" or collectively as "Parties."
WHEREAS, Tews desires to provide a major portion of the funds necessary for the construction and
furnishing of a dog park located in Moreland Park in Muskego, Wisconsin; and
WHEREAS, on November 23, 2022, Tews committed to make a monetary contribution via stock
transfer to the City of Muskego of One Hundred Thousand and 00/100 Dollars ($100,000.00) for construction
of the dog park; and
WHEREAS, Tews and the City wish to set forth in writing certain obligations with respect to the
foregoing gift, all as set forth in this Agreement.
IT IS HEREBY UNDERSTOOD between the Parties to this Agreement that:
1. Tews shall make her contribution of One Hundred Thousand and 00/100 Dollars ($100,000.00)
for construction of the dog park via stock transfer in the following manner:
a. The amount of $40,000.00 (40%) on or before December 21, 2022;
b. The amount of $30,000.00 (30%) at groundbreaking to occur in calendar year 2023;
c. The final amount of $30,000.00 (30%) at ribbon cutting to occur in calendar year 2023.
d. City shall convert the stock to cash by sale within six (6) hours of receiving it from Tews.
e. In the event any stock as referenced above is not worth the amount stated herein at the time
of conversion by City, Tews agrees to make up the difference to City at the time of final
payment in calendar year 2023.
2. The City has decided that, in recognition of the foregoing gift, going forward, in perpetuity,
the dog park as currently planned will be named the `Bandi's Paw and Play" or some other
mutually agreed upon variation of such name that incorporates Tew's name. Such name will
be prominently displayed on the exterior of the fence and/or at the main entrances to the
Moreland Park, in a mutually agreed upon form.
3. The dog park will have the following amenities constructed at the discretion of the City to the
best of its ability:
a. The fence to the dog park shall be black coated with a height of four (4) feet.
b. The dog entrance will be poured concrete with a two -gate entry to eliminate any potential
escapes and minimize dog conflicts when entering.
c. The dog park will be equipped with a "small dog" side and a "large dog" side where each
will have their own entrance.
d. Maintenance gates will be installed.
e. Proposed benches, seating areas, shade, signage, and an agility course are all planned
amenities for the dog park space but are contingent upon updated quotes and financial
resources.
f. There will be a Memorial Area in the dog park allowing for dog owners and visitors to
purchase pavers to show their dedication to the project and help cover future updates to the
park.
4. The commitments contained herein are intended to be and shall be binding upon, and shall
inure to the benefit of, the Parties hereto.
5. Any and all gifts described herein and received by the City shall be expended for the design
and construction of the dog park and any related costs.
6. Unless expressly provided otherwise herein, the rights and remedies of the Parties provided
herein shall be cumulative and concurrent and shall include all other rights and remedies
available at law or in equity, may be pursued singly, successively or together, at the sole and
absolute discretion of either Parry and may be exercised as often as occasion therefore shall
arise.
7. The failure of any Party to this Agreement to insist upon strict and prompt performance of the
terms, covenants, agreements and conditions herein contained, or any of them, upon any other
Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's
rights, to enforce any such term, covenant, agreement, or condition, but the same shall continue
in full force and effect. No waiver by either Party shall be valid or binding on such Party unless
it is in writing signed by such Party and only to the extent therein set forth.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Wisconsin. Any legal action regarding this Agreement shall be brought and maintained in
the Circuit Court of Waukesha County, Wisconsin. If any provision of this Agreement or the
application thereof to any persons or circumstances shall, to any extent, be invalid or
unenforceable, then the remainder of this Agreement or the application of such provision, or
portion thereof, and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law. This Agreement sets forth the entire understanding between
the Parties with respect to its subject matter, there being no terms, conditions, warranties, or
representations with respect to its subject matter other than that contained herein. This
Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their
respective successors and assignees.
9. Except as expressly provided otherwise in this Agreement, the provisions of this Agreement
are for the exclusive benefit of the Parties hereto and not for the benefit of any other persons
or parties, as third -party beneficiaries or otherwise, and this Agreement shall not be deemed to
have conferred any rights, expressed or implied, upon any other person.
10. Neither party may assign its interest under this Agreement without the other parry's prior
written consent, which may be granted or withheld in such party's sole reasonable discretion.
11. This Agreement is subject to any and all governmental regulations as they may be amended
from time to time over the term of this Agreement. If the Agreement is in conflict with said
regulations, the regulations must be followed.
12. This writing constitutes the entire Agreement between the parties hereto, and all prior
statements, letters of intent, representations and offers, if any, are hereby terminated. This
Agreement may be modified or amended only by written instrument signed by both parties.
13. Each parry to this Agreement represents and warrants that it has the power and authority to
consummate the transactions contemplated by this Agreement.
CITY OF MUSKEGO
By:
Karen E. Tews Date Rick Petfalski, Mayor Date
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