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COMMON COUNCIL Packet 02252025CITY OF MUSKEGO COMMON COUNCIL AGENDA 02/25/2025 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE 4e C21 of SKEGO PUBLIC COMMENT City Residents and Taxpayers Only - Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to three minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. COMMUNICATIONS FROM THE MAYOR'S OFFICE PUBLIC HEARING Area -wide Water Capacity Assessment for water service in the City of Muskego (9th Amended WCA District) Public Hearing Notice WCA District 19.pdf Common Council Memo - WCA - 19th Amendment.docx Letter WCA 19 to Residents-2024-11-01.pdf Signed Preliminary WCA Resolution.pdf Amendment 19 Legal Description (Exhibit A).pdf 19th Amendment Map (Exhibit B).pdf To consider the petition of John Jewell to rezone a property known as Tax Key No. 2229.992.006 located at S81 W20871 Russet Court from RS-2 - Suburban Residence District to PD - Planned Development District (based on RS-2 - Suburban Residence District) for the purpose of allowing the development of a ten (10) lot subdivision known as Apple Hills. PH2O250225_Jewel l_AppleHills_Rezoning.pdf Staffinemofor_Apple Hills -Jewell Rezoning.pdf Letter to Planning Commission.pdf Revised Site Plan.pdf CONSENT AGENDA Approval of Common Council Minutes - February 11, 2025 CCM.2025.02.11 draft.docx Voucher Approval Vouchers - Total Sheet.pdf Voucher Report - Alpha.pdf Resolution #009-2025 - Approval of Award of Bid for 2025-2026 Parks, Boulevards, Terraces and Facility Landscaping Services CCR2025.009-Award of Bid (Landscaping).docx Finance Memo - 2025-2026 Parks, Boulevards, Terraces, Facility Landscaping.docx 2025-2026 Landscape and Park Contract Rev 2-17-25.pdf Sebert Revised Bid 2-17-25.pdf Resolution #010-2025 - Approval of F Street Kirkland 1 LLC Developer's Agreement CCR2025.010-DA F Street Kirkland 1.docx DA - Kirkland Crossing - FINAL WITH ATTACHMENT A 02 20 2025.pdf Resolution #011-2025 - Acceptance of Offer to Purchase of Vacant Land (Tax Key #2229.992.006) CCR2025.01 1 -Offer to Purchase -vacant land.docx Staffinemofor_Apple Hills -Jewell Land Purchase.pdf Vacant Offer to Purchase (Jewell).pdf NEW BUSINESS Resolution #012-2025 - Final Resolution Authorizing Area -Wide Water Capacity Assessment for Water Services (19th Amended WCA District) CCR2025.012-Final WCA.docx Public Hearing Notice WCA District 19.pdf Common Council Memo - WCA - 19th Amendment.docx Letter WCA 19 to Residents-2024-11-01.pdf Signed Preliminary WCA Resolution.pdf Amendment 19 Legal Description (Exhibit A).pdf 19th Amendment Map (Exhibit B).pdf UNFINISHED BUSINESS Ordinance #1500 - An Ordinance to Amend Chapter 324 of the Municipal Code of the City of Muskego (Taxicabs). Second Reading. ORD2025.1500 Taxicabs (w.red lines).docx Chapter 324 Taxicabs with Amendments Per Ordinace #1500.docx FIRST READING OF ORDINANCES AND SECOND READING IF RULES ARE WAIVED Ordinance #1501 - An Ordinance to Amend the Zoning Map (RS-2 to PD / Apple Hills) ORD2025.1501-Rezone-Apple Hills.docx PH2O250225_Jewel l_AppleHills_Rezoning.pdf Staffinemofor_Apple Hills -Jewell Rezoning.pdf Letter to Planning Commission.pdf Revised Site Plan.pdf CITY OFFICIALS' REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Senior Taxi - Alderperson Hammel Muskego Festival Committee - Alderperson Schwer K Muskego Historical Society - Alderperson Kubacki Little Muskego Lake District - Alderperson Schwer GFL Emerald Park Landfill Standing Committee - Alderperson Madden FUTURE AGENDA ITEMS 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. 3 NOTICE OF PUBLIC HEARING ON AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE IN THE CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN (19t" Amended WCA District) PLEASE TAKE NOTICE that the Common Council of the City of Muskego has declared its intention to exercise its police power under §66.0703, Wisconsin Statues to create Water Capacity Assessment District Number 19, for the purpose of determining the boundaries contained within said District territory located in the City of Muskego, and identifying property owners who may be subject to future area -wide water capacity special assessments, for benefits conferred upon such properties, as a result of debt service and retirement for water connections and other water improvements, to provide water service to the entire newly established territory as described below: See Attached Legal Description Marked Exhibit "A" and Attached Map Marked Exhibit "B" PLEASE TAKE FURTHER NOTICE that in the event future special assessments will be levied against properties in the newly created Water Capacity Assessment District Number 19, the special assessments proposed to be levied are to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. PLEASE TAKE FURTHER NOTICE that levying water capacity special assessments in newly created Water Capacity Assessment Districts (WCA) is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. PLEASE TAKE FURTHER NOTICE that in the event special assessments are levied upon properties contained in the newly created Water Capacity Assessment District Number 19, said special assessments levied are allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when a Final Resolution is adopted by the City's Common Council. PLEASE TAKE FURTHER NOTICE that water capacity special assessments, if levied in the newly created Water Capacity Assessment District Number 19, will be used to pay back the financing incurred by the City of Muskego to create water service improvements as well as other expenses incurred for water service improvements. 4 Public Hearing Notice Page 2 191h Amended WCA PLEASE TAKE FURTHER NOTICE that a Public Hearing will be held by the Common Council at 6:00 p.m. on February 25, 2025, in the Muskego City Hall, W182 S8200 Racine Avenue for the public to voice concerns and ask questions about the creation of Water Capacity Assessment District Number 19 in the City of Muskego in the territory as defined herein and further described on Exhibits "A" and "B" attached hereto. The Council will hear all persons interested, or their agents or attorneys, concerning the matters contained in the Preliminary Resolution Authorizing the Creation of Water Capacity Assessment District Number 19 (WCA) and potential levying of future special assessments against the properties contained within said District. All objections will be heard and considered by the Council when making a final determination of proposed special assessments, which shall be accomplished by the passing of a Resolution to be published as a Class 1 notice, and a Notice of Assessment will be mailed to each property owner affected at the legally required time. Dated at Muskego, Wisconsin this 6t" day of February 2025. 41 . \ % I �� C4 W 1VIUSKEG0 Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From: Scott Kroeger Department: Public Works and Development Subject: Preliminary WCA —19' Amendment Date: February 25, 2025 Background Information: The City of Muskego plans to amend the Water Capacity Assessment (WCA) area. This would be the 19t" amendment to the area. This amendment would allow residents adjacent to the new watermain on Hillendale Drive to hook up to City Water. The Common Council per a Committee of the Whole Meeting that took place on May 14, 2024 allowed City staff to do larger amended areas for better planning and cost efficiencies. A Public Information Meeting (PIM) was held on Tuesday November 12, 2024 at City Hall about this proposed plan. All homeowners in the proposed WCA area amendment 19 were notified of this PIM. City Staff have answered questions before the PIM, during the meeting, and up to the Public Hearing being held today. Key Issues for Consideration: Attachments 1. Signed Preliminary WCA resolution 2. Exhibit A 3. Exhibit B 4. Engineer's Report 5. Final WCA resolution Recommendation for Action by Committee and/or Council: Common Council to approve the Amendment of the Water Capacity Assessment (WAC) area with amendment 19rn Date of Committee Action: Finance Committee February 25, 2025 Planned Date of Council Action (if required): February 25, 2025 Total $ Needed: $ Fiscal Note(s): $ Budgeted: $ Expenditure Account(s) to Be Used: (3/2019) � i/ic C?y of SKEGO February 7, 2025 Dear Resident: ENGINEERING DIVISION W182 S8200 Racine Avenue Muskego, Wisconsin 53150 (262) 679-4145 FAX (262) 679-5614 The City of Muskego will be amending the Water Capacity Assessment District (WCA) due to the installation of a water main on Hillendale Drive. The WCA District is an area proposed to be served by municipal water sometime in the future. The properties adjacent to Hillendale Drive and surrounding properties are not currently in the WCA District; therefore, amending the WCA District is required. The surrounding properties are also being included as part of this amendment as a formality. You will not be forced to connect to municipal water except on point of sale and if water is available. The WCA assessment is only due upon connection to municipal water. The City of Muskego completed an extension of water main as part of the Hillendale Drive Reconstruction project. The project extends from Sunny Hill Drive to Racine Avenue. If your home is not in the project area, you will not have water available to you at this time. The following packet of information includes a copy of the preliminary resolution, hearing notice (including the map and legal description), and engineer's report. The Public Hearing will be held on February 25, 2025, in the Muskego City Hall, W182 S8200 Racine Avenue. Attendance at this meeting is not mandatory. This Public Hearing is following a public informational meeting that was previously held on November 12, 2024. Please feel free to contact me at (262) 679-5686 or at skroeger@muskego.wi.gov if you have any questions or comments. Thank you, City of Muskego Scott Kroeger Public Works and Development Director 7 NOTICE OF PUBLIC HEARING ON AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE IN THE CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN (19t" Amended WCA District) PLEASE TAKE NOTICE that the Common Council of the City of Muskego has declared its intention to exercise its police power under §66.0703, Wisconsin Statues to create Water Capacity Assessment District Number 19, for the purpose of determining the boundaries contained within said District territory located in the City of Muskego, and identifying property owners who may be subject to future area -wide water capacity special assessments, for benefits conferred upon such properties, as a result of debt service and retirement for water connections and other water improvements, to provide water service to the entire newly established territory as described below: See Attached Legal Description Marked Exhibit "A" and Attached Map Marked Exhibit "B" PLEASE TAKE FURTHER NOTICE that in the event future special assessments will be levied against properties in the newly created Water Capacity Assessment District Number 19, the special assessments proposed to be levied are to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. PLEASE TAKE FURTHER NOTICE that levying water capacity special assessments in newly created Water Capacity Assessment Districts (WCA) is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. PLEASE TAKE FURTHER NOTICE that in the event special assessments are levied upon properties contained in the newly created Water Capacity Assessment District Number 19, said special assessments levied are allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when a Final Resolution is adopted by the City's Common Council. PLEASE TAKE FURTHER NOTICE that water capacity special assessments, if levied in the newly created Water Capacity Assessment District Number 19, will be used to pay back the financing incurred by the City of Muskego to create water service improvements as well as other expenses incurred for water service improvements. Public Hearing Notice Page 2 191h Amended WCA PLEASE TAKE FURTHER NOTICE that a Public Hearing will be held by the Common Council at 6:00 p.m. on February 25, 2025, in the Muskego City Hall, W182 S8200 Racine Avenue for the public to voice concerns and ask questions about the creation of Water Capacity Assessment District Number 19 in the City of Muskego in the territory as defined herein and further described on Exhibits "A" and "B" attached hereto. The Council will hear all persons interested, or their agents or attorneys, concerning the matters contained in the Preliminary Resolution Authorizing the Creation of Water Capacity Assessment District Number 19 (WCA) and potential levying of future special assessments against the properties contained within said District. All objections will be heard and considered by the Council when making a final determination of proposed special assessments, which shall be accomplished by the passing of a Resolution to be published as a Class 1 notice, and a Notice of Assessment will be mailed to each property owner affected at the legally required time. Dated at Muskego, Wisconsin this 6t" day of February 2025. 9 EXHIBIT "A" Nineteenth Amended Legal Description for the Water Capacity Assessment (WCA) District Part of the Northeast 1/4, Southeast 1/4 of Section 13, Township 5 North, Range 19 East, and part of the Northwest 1/4, Southwest 1/4 of Section 5, and part of the Northeast 1/4 Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 6, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 7, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 8, located in Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 5 North, Range 20 East; thence bearing S88013'52"W along the Northerly line of said Northeast 1/4 of T 5 N, R20 E, a distance of 1727.05 feet; thence bearing along the City of Muskego municipal line for the next 7 courses; thence bearing S00°52'06"E, a distance of 373.80feet; thence bearing S43°21'29"W, a distance of 142.00 feet; thence bearing S64°07'02"W, a distance of 124.45 feet; thence bearing S87°51'10"W, a distance of 177.02 feet; thence bearing S01 048'07"E. a distance of 236.72 feet; thence bearing S74°43'08"W, a distance of 2238.55 feet; thence bearing S88031'05"W, a distance of 322.63 feet to the West line of the Northeast 1/4 of the Northeast 1/4 of Section 13, T 5 N, R 20 E ; thence bearing line S01°29'28"W along said line, a distance of 1815.91 feet to the center of said section 13; thence bearing N88°17'52"E along the Southerly line of the Northeast 1/4 of Section 13, T5 N, R20 E, 829.00 feet; thence bearing S01 042'54"E, a distance of 2722.76 feet to the centerline of the intersection of Edgewood Avenue and Janesville Rd; thence bearing N71 °36'46"E along the centerline of Janesville Road, also being the City of Muskego municipal limits, a distance of 2586.61 feet; thence bearing N06017'48"W, a distance of 227.47 feet to a point on the centerline of Crowbar Drive; thence bearing N51013'45"E, a distance of 39.12 feet to the Easterly Right -Of -Way (ROW) line of Crowbar Drive; thence bearing N06°17'48"W, alongthe Easterly ROW line of Crowbar Drive a distance of 712.22 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 13; thence bearing N87°30'18"E along the Southerly line of said Northwest 1/4, a distance of 1092.26 feet to the Westerly line of lands described in Warranty Deed No. 3746774; thence bearing NO2°13'24"W along the Easterly line of said lands, a distance of 930.00 feet to the Northly line of said lands; thence bearing N87029'23"E along said line, a distance of 829.25 feet to a point on the Westerly line of Fireside Orchard Subdivision; thence bearing N01 °08'33"W along the Westerly line of Fireside Orchard Subdivision and its Northerly extension, a distance of 1469.87 feet to Southerly line of the NE 1/4 of Section 18-T5N-R20E thence bearing S87032'15"W along the Southerly line of said NE 1/4 a distance of 175.00 feet to the Westerly line of said NE 1/4; thence bearing N01001'58"W along said line, a distance of 1325.45 feet to the North 1/4 corner of said Section 18; thence bearing N00057'07" W along the West line of the SE 1/4 of Section 7, a distance of 1328.46 feet to the North line of the SW 1/4 of the SE 1/4; thence bearing N87008'13"E along said line, a distance of 2373.25 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing N45016'51 "E along said ROW line, a distance of 102.22 feet to the Westerly line of CSM 5747; thence bearing N44°43'33"W along said line, a distance of 253.00 feet to the North line of said CSM; thence bearing N45°08'31 "E along said line, a distance of 240.00 feet to a Westerly line of said CSM; thence bearing N45038'08"W along said line, a distance of 161.84 feet to a Northerly line of said CSM; thence bearing N45016'43"E along said line, a distance of 266.08 feet; 10 thence bearing N89°18'06"E along said line, a distance of 222.49 feet to the Westerly line of CSM 8529; thence bearing N01°43'48"E along said line and its Northerly extension, a distance of 589.79 feet to the Southerly ROW line of Field Drive; thence bearing N88°37'19"E along the Southerly ROW of Field Drive a distance of 1021.47 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing S44°05'47"E, a distance of 71.02 feet to the Easterly ROW line of Hillendale Drive,; thence bearing S45°47'49"W along said ROW, a distance of 1406.54 feet to the Southerly ROW line of Sunny Hill Drive and point of curvature, thence Southeasterly 151.16 feet along the arc of said curve to the right of said ROW line, whose radius is 344.47 feet and whose chord bears S55009'28"E, a distance of 149.95 feet to the Westerly line of Lot 7 of Block B of Hillendale Heights Subdivision; thence bearing S45°13'38"W along said line, a distance of 177.79 feet; thence bearing S01 043'37"E along said line, a distance of 77.50 feet to the Southerly line of Hillendale Heights Subdivision; thence bearing N88022'25"E along said line, a distance of 1916.17 feet to the Westerly Line of Outlot 7 of Lake Forest Addition #1; thence bearing S01 °07'22"W along said line, a distance of 297.36 feet; thence bearing SO4°44'38"W along said line, a distance of 101.26 feet to the Southerly line of Outlot 7; thence bearing N76°21'08"E along said line, a distance of 204.05 feet to the Southerly line of CSM 2840; thence bearing S88°47'19"E along said line, a distance of 605.00 feet to the Easterly line of said CSM; thence bearing N01 049'50"W along the said line, a distance of 360.00 feet to the Southerly line of Lot 3, Block 3, Bay Shore Hills Subdivision; thence bearing S88035'58"W along said line, a distance of 120.00 feet on the Westerly line of said Lot 3; thence bearing N01 008'48"W along said line, a distance of 99.99 feet to the Northerly line of said Lot 3; thence bearing N88°28'51 "E said line, a distance of 151.05 feet to the Easterly line of Lot 2, Block 3 of Bay Shore Hills Subdivision; thence bearing N02022'31 "W along said line, a distance of 238.04 feet to a point on the Southerly ROW of Prospect Drive; thence bearing N33°20'39"W, a distance of 60.09 feet to the Easterly line of Lot 12, Block 1 of Bay Shore Hills Subdivision; thence bearing NO2°02'48"W along said line, a distance of 265.92 feet to the Northerly line of said Lot 12; thence bearing S89°30'42"W along said line, a distance of 107.78 feet to the Easterly line of Hillendale Heights Subdivision, also being the Easterly line of the Southwest 1/4 of Section 8 , T 5 N, R 20 E; thence bearing N01 008'59"W along said line continuing through the center of the section on the Easterly line of the Northwest 1/4 of Section 8, T 5 N, R 20 E, a distance of 932.73 feet to the North line of CSM 5160; thence bearing N88°48'15"E along said line, a distance of 428.42 feet to the Northeast corner of Lot 5, Block 1 of Bay Shore Hills Subdivision; thence bearing S10042'04"E along the Easterly line of said Lot 5, a distance of 159.42 feet to the Northwest corner of Lot 4, Block 1 of Bay Shore Hills Subdivision; thence bearing N88048'12"E along the Northerly line of said Lot 4, a distance of 138.15 feet to the West line of Lot 3, Block 1 of Bay Shore Hills Subdivision; thence bearing N04049'17"W along the said line, a distance of 20.00 feet to the Northerly line of said Lot 3; thence bearing N88032'31 "E along said line and its Easterly extension, a distance of 108.71 feet to the Westerly ROW line of Racine Avenue; thence bearing Northerly along said ROW a distance of 6990.43 feet, to a point on the boundary of the City of New Berlin and the City of Muskego, also being the Easterly line of lands described by Warranty Deed No. 3180311; thence bearing S24017'29"W along said line, a distance of 211.52 feet to the Northerly line of CSM 3767; thence bearing S89023'39"W along said line, a distance of 496.74 feet to the West line of said CSM; thence bearing S00028'29"W along said line, a distance of 1319.97 feet to the Northerly line of the Southwest 1/4 of Section 5, T 5 N, R 20 E; thence bearing S89009'47"W along said Northerly line, a distance of 1986.22 feet to the East 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing 2 11 N46°00'43"W along the centerline of Trans Drive, a distance of 204.31 feet; thence bearing N47°23'46"W along said line, a distance of 473.02 feet; thence bearing N70°02'59"W along said Line, a distance of 91.48 feet; thence bearing S73009'17"W along said line, a distance of 237.97 feet; thence bearing S50022'38"W along said line, a distance of 134.90 feet; thence bearing S24045'19"W along said line, a distance of 170.81 feet; thence bearing S20024'07"W along said line, a distance of 139.86 feet; thence bearing S49025'44"W along said line, a distance of 188.13 feet to the Easterly line of lands described by Warranty Deed No. 4727505; thence bearing N00°44'33"E along said line, a distance of 194.70 feet to the Northerly line of said lands; thence bearing S86052'18"W along said line, a distance of 134.40 feet to the Westerly line of said lands; thence bearing S01111'08"W along said line, a distance of 194.70 feet to the North line of the Southeast 1/4 of Section 6-T 5 N, R 20 E; thence bearing S88052'26"W along said line, a distance of 1314.84 feet to the Center 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S86052'01 "W along the Northerly Line of the Southwest 1/4 of Section 6, T 5 N, R 20 E, a distance of 2711.33 feet to the West 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S00°49'49"E along the Westerly line of said Southwest 1/4 of Section 6, a distance of 2664.89 feet; thence bearing S00048'08"E along the Westerly line of the Northwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2672.31 feet; thence bearing S01 °16'17"E along the Westerly line of the Southwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2641.75 feet to the Point of Beginning. Containing 77,931,830 square feet (1789 acres). (See Attached Map) John M. Schutz, PLS #3253 August 20, 2024 3 `V I .. is `Yy�r �.f ";.�?• ��. •! � r.' � � -' •i" - IN 4 six i. 4 �.,:��:�; :• � .. � ��':., Rl . � :� � � � � .•:� r� tip, .� . �' � „jai• �-" ��' `r [+If .. i.,;., � , �' � 'Mr . � : � ; is � .. _ xr ` ^ � - . � r . SS •YJ � � f �� Iq r COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #008-2025 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE UNDER §66.0703, WISCONSIN STATUTES (19th Amended WCA District) RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1. The Common Council hereby declares its intent to exercise its police power under §66.0703, Wisconsin Statutes to levy area -wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked Exhibit "A" and attached map marked Exhibit "B" 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the City's Financial Consultant, its consulting engineer and the Public Works Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water- system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. 6. The Director of Public Works and Development or Designee for the City of Muskego is hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. U) r Reso. 4008-2025 Page 2 7. The City Clerk, after receiving the report, is directed to publish a Class 1 Notice of a Public Hearing, under Chapter 985 of the Wisconsin Statutes, on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.0703(7)(a), Wisconsin Statutes. DATED THIS 28th DAY OF JANUARY 2025. SPONSORED BY: Richard Petfalski Jr., Mayor This is to certify that this is a true and accurate copy of Resolution #008-2025, which was adopted by the Common Council of the City of Muskego. euAA,- P-.&Wm City Clerk Engineer's Report on Proposed Water Capacity Assessments for the City of Muskego — Nineteenth Amendment Waukesha County, Wisconsin In accordance with the resolution of the City of Muskego, we herewith submit our report on Water Capacity Assessments (WCA) to be levied upon all present and future users of the portion of the Muskego Water Utility who are in the attached area (Schedule "V") This report consists of the following schedules: Schedule "A" - Engineer's report dated November 24, 1986 regarding Water Capacity Assessment on file with the City Clerk Schedule "B" - Engineer's report dated February 25, 1991 regarding the First Amended WCA District on file with the City Clerk Schedule "C" - Engineer's report dated October 18, 1996 regarding Water Capacity Assessments on file with the City Clerk Schedule "D" - Engineer's report dated June 23, 1999 regarding the Second Amended WCA District on file with the City Clerk Schedule "E" - Engineer's report dated September 23, 1999 regarding the Third Amended WCA District on file with the City Clerk Schedule "F" - Engineer's report dated September 23, 1999 regarding the Fourth Amended WCA District on file with the City Clerk Schedule "G" - Engineer's report dated October 4, 1999 regarding the Fifth Amended WCA District on file with the City Clerk Schedule "H" - Engineer's report dated June 19, 2000 regarding the Sixth Amended WCA District on file with the City Clerk Schedule "I" - Engineer's report dated January 2, 2002, regarding the Seventh Amended WCA District on file with the City Clerk. Schedule "J" - Engineer's report dated September 17, 2002, regarding the Ninth Amended WCA District on file with the City Clerk. Schedule "K" - Engineer's report dated February 14, 2003, regarding the Eighth Amended WCA District on file with the City Clerk. Schedule "L" - Engineer's report dated February 17, 2003, regarding the Tenth Amended WCA District on file with the City Clerk. Schedule "M" - Engineer's report dated February 17, 2003, regarding the Eleventh Amended WCA District on file with the City Clerk. —1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment 1 16 Schedule "N" - Engineer's report dated October 29, 2003, regarding the Twelfth Amended WCA District on file with the City Clerk. Schedule "O" - Engineer's report dated November 19, 2003, regarding the Thirteenth Amended WCA District on file with the City Clerk. Schedule "P" - Engineer's report dated November 7, 2003, regarding the Fourteenth Amended WCA District on file with the City Clerk. Schedule "Q" - Engineer's report dated August 16, 2004, regarding the Fifteenth Amended WCA District on file with the City Clerk. Schedule "R" - Engineer's report dated August 16, 2004, regarding the Sixteenth Amended WCA District on file with the City Clerk. Schedule "S" - Engineer's report dated March 3, 2008 regarding the Seventeenth Amended WCA District on file with the City Clerk. Schedule "T" - Engineer's report dated October 9, 2017 regarding the Eighteenth Amended WCA District on file with the City Clerk. Schedule "U" - Listing of all parcels affected by the proposed WCA. Schedule "V" - Legal description and mapping of the proposed Nineteenth Amended WCA District Schedule "W" - Summary of costs and improvements All present and future users of the Muskego Water Utility that lie within the proposed WCA District against which assessments are proposed are benefited and the improvements constitute an exercise of Police Powers. The improvements consist of those facilities that are not assessed for under the frontage or unit assessment policy and include costs associated with the oversizing of water mains, wells, pump stations, water towers, reservoirs, pump controls and appurtenant facilities. Schedule "A" - See report dated November 24, 1986, on file at the City Clerk's Office Schedule `B" - See report dated February 25, 1991, on file at the City Clerk's Office Schedule "C" - See report dated October 18, 1996, on file at the City Clerk's Office Schedule "D" - See report dated June 23, 1999, on file at the City Clerk's Office Schedule "E" - See report dated September 23, 1999 on file at the City Clerk's Office Schedule "F" - See report dated September 23, 1999 on file at the City Clerk's Office Schedule "G" - See report dated October 4, 1999 on file at the City Clerk's Office —1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-2 17 Schedule "H" - See report dated June 19, 2000 on file at the City Clerk's Office Schedule "I" - Engineer's report dated January 2, 2002 on file at the City Clerk's Office. Schedule "J" - Engineer's report dated September 17, 2002 on file at the City Clerk's Office. Schedule "K" - Engineer's report dated February 14, 2003 on file at the City Clerk's Office. Schedule ' L" - Engineer's report dated February 17, 2003 on file at the City Clerk's Office. Schedule "M" -Engineer's report dated February 17, 2003 on file at the City Clerk's Office. Schedule "N" - Engineer's report dated October 29, 2003 on file at the City Clerk's Office. Schedule "O" - Engineer's report dated November 19, 2003 on file at the City Clerk's Office. Schedule "P" - Engineer's report dated November 7, 2003 on file at the City Clerk's Office. Schedule "Q" - Engineer's report dated August 16, 2004 on file at the City Clerk's Office. Schedule "R" Engineer's report dated August 16, 2004 on file at the City Clerk's Office. Schedule "S" — Engineer's report dated March 3, 2008 on file at the City Clerk's Office. Schedule "T" — Engineer's report dated October 9, 2017 on file at the City Clerk's Office. Schedule "U" - A listing of each parcel affected by the proposed Water Capacity Assessment may be reviewed with the City Clerk by interested persons. Schedule "V" - See attached legal description labeled "Exhibit A" dated August 20, 2024 and map labeled "Exhibit B", dated August 22, 2024. Schedule "W" -Summary of cost of projects and estimates. Estimated costs of improvements, wells, facilities, oversized water mains and system controls A) Additional Well 1, Radium Mitigation $500,000.00 B) Additional Well 2, Radium Mitigation $500,000.00 C) Project MW-32-02 (Janesville Road) Oversize Costs $132,773.00 D) Project MW-33-03 (Janesville Road) Oversize Costs $96,385.00 E) Project MW-35-03 (Parkland Drive) Oversize Costs $139,879.00 —1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-3 18 F) Big Muskego Estates North Connection Oversize Costs (Project MW-34-03) $125,558.00 G) Booster Station — Racine Avenue $225,000.00 H) Water Main Oversize — Racine/Hillendale $64,484.00 I) System Conversion — Well 8 $13,000.00 J) System Conversion — Well 10 — Champions Village $15,000.00 K) System Conversion — Well 11 — Champions Village $15,000.00 L) System Conversion — Well 12 — Lakewood Meadows $15,000.00 M) Well 13 — Well Development and Pump House Construction $1,630,000.00 N) Well 14 — Well Development $2,985.00 O) Well 9 — Building and Pump House $729,253.00 P) Moorland Road Elevated Storage (Allocated 35.95% of $561,239.19 $1,561,167.00 Construction Cost Q) Water main Extension to School Site $200,000.00 R) Deduct Additional Well 1, Radium Mitigation ($500,000.00) S) Deduct Additional Well 2, Radium Mitigation ($500,000.00) T) Hillendale Drive and Racine Avenue Water Main Extension $1,000,000.00 Subtotal: $4,965,556.19 20% Administration, Legal, Land Acquisition and Legal Costs $993,111.24 Total Estimated Value of Improvements $5,958,667.43 Value of WCA's to be collected — 8th Amended Area previously approved or anticipated $327,690.00 Value of WCA's to be collected 9th Amended District previously approved area $245,814.00 Value of WCA's to be collected 1 Oth Amended Area previously approved or anticipated $774,180.00 Value of WCA's to be collected 1 lth Amended Area previously approved or anticipated $31,350.00 -1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-4 19 Value of WCA's to be collected 12th Amended Area previously approved or anticipated $2,970.00 Value of WCA's to be collected 13th Amended Area previously approved or anticipated $978,460.00 Value of WCA's to be collected 14th Amended Area previously approved or anticipated $2,650.00 Value of WCA's to be collected 15th Amended Area previously approved or anticipated $134,064.00 Value of WCA's to be collected 16th Amended Area $153,558.00 previously approved or anticipated Value of WCA's to be collected 17th Amended Area $142,710.00 previously approved or anticipated Value of WCA's to be collected 18th Amended Area $204,180.00 previously approved or anticipated Value of WCA's to be collected 19th Amended Area Value of existing WCA's to be collected 348 @ $1,710.00 = $595,080.00 Value of future WCA's to be collected 28 @ $2,850.00 = $79,800.00 Subtotal of WCA's previously approved or anticipated $3,672,506.00 Total value of anticipated projects $5,958,667.43 Net excess (deficit) value of WCA's $(2,286,161.43) RUEKERT & MIELKE, INC. Consulting Engineers W233 N2080 Ridgeview Parkway Waukesha, WI 53188 August 22, 2024 -1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-5 20 N COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #008-2025 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE UNDER §66.0703, WISCONSIN STATUTES (19th Amended WCA District) RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1. The Common Council hereby declares its intent to exercise its police power under §66.0703, Wisconsin Statutes to levy area -wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked Exhibit "A" and attached map marked Exhibit "B" 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the City's Financial Consultant, its consulting engineer and the Public Works Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water- system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. 6. The Director of Public Works and Development or Designee for the City of Muskego is hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. N N Reso. 4008-2025 Page 2 7. The City Clerk, after receiving the report, is directed to publish a Class 1 Notice of a Public Hearing, under Chapter 985 of the Wisconsin Statutes, on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.0703(7)(a), Wisconsin Statutes. DATED THIS 28th DAY OF JANUARY 2025. SPONSORED BY: Richard Petfalski Jr., Mayor This is to certify that this is a true and accurate copy of Resolution #008-2025, which was adopted by the Common Council of the City of Muskego. euAA,- P-.&Wm City Clerk EXHIBIT "A" Nineteenth Amended Legal Description for the Water Capacity Assessment (WCA) District Part of the Northeast 1/4, Southeast 1/4 of Section 13, Township 5 North, Range 19 East, and part of the Northwest 1/4, Southwest 1/4 of Section 5, and part of the Northeast 1/4 Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 6, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 7, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 8, located in Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 5 North, Range 20 East; thence bearing S88013'52"W along the Northerly line of said Northeast 1/4 of T 5 N, R20 E, a distance of 1727.05 feet; thence bearing along the City of Muskego municipal line for the next 7 courses; thence bearing S00°52'06"E, a distance of 373.80feet; thence bearing S43°21'29"W, a distance of 142.00 feet; thence bearing S64°07'02"W, a distance of 124.45 feet; thence bearing S87°51'10"W, a distance of 177.02 feet; thence bearing S01 048'07"E. a distance of 236.72 feet; thence bearing S74°43'08"W, a distance of 2238.55 feet; thence bearing S88031'05"W, a distance of 322.63 feet to the West line of the Northeast 1/4 of the Northeast 1/4 of Section 13, T 5 N, R 20 E ; thence bearing line S01°29'28"W along said line, a distance of 1815.91 feet to the center of said section 13; thence bearing N88°17'52"E along the Southerly line of the Northeast 1/4 of Section 13, T5 N, R20 E, 829.00 feet; thence bearing S01 042'54"E, a distance of 2722.76 feet to the centerline of the intersection of Edgewood Avenue and Janesville Rd; thence bearing N71 °36'46"E along the centerline of Janesville Road, also being the City of Muskego municipal limits, a distance of 2586.61 feet; thence bearing N06017'48"W, a distance of 227.47 feet to a point on the centerline of Crowbar Drive; thence bearing N51013'45"E, a distance of 39.12 feet to the Easterly Right -Of -Way (ROW) line of Crowbar Drive; thence bearing N06°17'48"W, alongthe Easterly ROW line of Crowbar Drive a distance of 712.22 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 13; thence bearing N87°30'18"E along the Southerly line of said Northwest 1/4, a distance of 1092.26 feet to the Westerly line of lands described in Warranty Deed No. 3746774; thence bearing NO2°13'24"W along the Easterly line of said lands, a distance of 930.00 feet to the Northly line of said lands; thence bearing N87029'23"E along said line, a distance of 829.25 feet to a point on the Westerly line of Fireside Orchard Subdivision; thence bearing N01 °08'33"W along the Westerly line of Fireside Orchard Subdivision and its Northerly extension, a distance of 1469.87 feet to Southerly line of the NE 1/4 of Section 18-T5N-R20E thence bearing S87032'15"W along the Southerly line of said NE 1/4 a distance of 175.00 feet to the Westerly line of said NE 1/4; thence bearing N01001'58"W along said line, a distance of 1325.45 feet to the North 1/4 corner of said Section 18; thence bearing N00057'07" W along the West line of the SE 1/4 of Section 7, a distance of 1328.46 feet to the North line of the SW 1/4 of the SE 1/4; thence bearing N87008'13"E along said line, a distance of 2373.25 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing N45016'51 "E along said ROW line, a distance of 102.22 feet to the Westerly line of CSM 5747; thence bearing N44°43'33"W along said line, a distance of 253.00 feet to the North line of said CSM; thence bearing N45°08'31 "E along said line, a distance of 240.00 feet to a Westerly line of said CSM; thence bearing N45038'08"W along said line, a distance of 161.84 feet to a Northerly line of said CSM; thence bearing N45016'43"E along said line, a distance of 266.08 feet; 23 thence bearing N89°18'06"E along said line, a distance of 222.49 feet to the Westerly line of CSM 8529; thence bearing N01°43'48"E along said line and its Northerly extension, a distance of 589.79 feet to the Southerly ROW line of Field Drive; thence bearing N88°37'19"E along the Southerly ROW of Field Drive a distance of 1021.47 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing S44°05'47"E, a distance of 71.02 feet to the Easterly ROW line of Hillendale Drive,; thence bearing S45°47'49"W along said ROW, a distance of 1406.54 feet to the Southerly ROW line of Sunny Hill Drive and point of curvature, thence Southeasterly 151.16 feet along the arc of said curve to the right of said ROW line, whose radius is 344.47 feet and whose chord bears S55009'28"E, a distance of 149.95 feet to the Westerly line of Lot 7 of Block B of Hillendale Heights Subdivision; thence bearing S45°13'38"W along said line, a distance of 177.79 feet; thence bearing S01 043'37"E along said line, a distance of 77.50 feet to the Southerly line of Hillendale Heights Subdivision; thence bearing N88022'25"E along said line, a distance of 1916.17 feet to the Westerly Line of Outlot 7 of Lake Forest Addition #1; thence bearing S01 °07'22"W along said line, a distance of 297.36 feet; thence bearing SO4°44'38"W along said line, a distance of 101.26 feet to the Southerly line of Outlot 7; thence bearing N76°21'08"E along said line, a distance of 204.05 feet to the Southerly line of CSM 2840; thence bearing S88°47'19"E along said line, a distance of 605.00 feet to the Easterly line of said CSM; thence bearing N01 049'50"W along the said line, a distance of 360.00 feet to the Southerly line of Lot 3, Block 3, Bay Shore Hills Subdivision; thence bearing S88035'58"W along said line, a distance of 120.00 feet on the Westerly line of said Lot 3; thence bearing N01 008'48"W along said line, a distance of 99.99 feet to the Northerly line of said Lot 3; thence bearing N88°28'51 "E said line, a distance of 151.05 feet to the Easterly line of Lot 2, Block 3 of Bay Shore Hills Subdivision; thence bearing N02022'31 "W along said line, a distance of 238.04 feet to a point on the Southerly ROW of Prospect Drive; thence bearing N33°20'39"W, a distance of 60.09 feet to the Easterly line of Lot 12, Block 1 of Bay Shore Hills Subdivision; thence bearing NO2°02'48"W along said line, a distance of 265.92 feet to the Northerly line of said Lot 12; thence bearing S89°30'42"W along said line, a distance of 107.78 feet to the Easterly line of Hillendale Heights Subdivision, also being the Easterly line of the Southwest 1/4 of Section 8 , T 5 N, R 20 E; thence bearing N01 008'59"W along said line continuing through the center of the section on the Easterly line of the Northwest 1/4 of Section 8, T 5 N, R 20 E, a distance of 932.73 feet to the North line of CSM 5160; thence bearing N88°48'15"E along said line, a distance of 428.42 feet to the Northeast corner of Lot 5, Block 1 of Bay Shore Hills Subdivision; thence bearing S10042'04"E along the Easterly line of said Lot 5, a distance of 159.42 feet to the Northwest corner of Lot 4, Block 1 of Bay Shore Hills Subdivision; thence bearing N88048'12"E along the Northerly line of said Lot 4, a distance of 138.15 feet to the West line of Lot 3, Block 1 of Bay Shore Hills Subdivision; thence bearing N04049'17"W along the said line, a distance of 20.00 feet to the Northerly line of said Lot 3; thence bearing N88032'31 "E along said line and its Easterly extension, a distance of 108.71 feet to the Westerly ROW line of Racine Avenue; thence bearing Northerly along said ROW a distance of 6990.43 feet, to a point on the boundary of the City of New Berlin and the City of Muskego, also being the Easterly line of lands described by Warranty Deed No. 3180311; thence bearing S24017'29"W along said line, a distance of 211.52 feet to the Northerly line of CSM 3767; thence bearing S89023'39"W along said line, a distance of 496.74 feet to the West line of said CSM; thence bearing S00028'29"W along said line, a distance of 1319.97 feet to the Northerly line of the Southwest 1/4 of Section 5, T 5 N, R 20 E; thence bearing S89009'47"W along said Northerly line, a distance of 1986.22 feet to the East 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing 2 24 N46°00'43"W along the centerline of Trans Drive, a distance of 204.31 feet; thence bearing N47°23'46"W along said line, a distance of 473.02 feet; thence bearing N70°02'59"W along said Line, a distance of 91.48 feet; thence bearing S73009'17"W along said line, a distance of 237.97 feet; thence bearing S50022'38"W along said line, a distance of 134.90 feet; thence bearing S24045'19"W along said line, a distance of 170.81 feet; thence bearing S20024'07"W along said line, a distance of 139.86 feet; thence bearing S49025'44"W along said line, a distance of 188.13 feet to the Easterly line of lands described by Warranty Deed No. 4727505; thence bearing N00°44'33"E along said line, a distance of 194.70 feet to the Northerly line of said lands; thence bearing S86052'18"W along said line, a distance of 134.40 feet to the Westerly line of said lands; thence bearing S01111'08"W along said line, a distance of 194.70 feet to the North line of the Southeast 1/4 of Section 6-T 5 N, R 20 E; thence bearing S88052'26"W along said line, a distance of 1314.84 feet to the Center 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S86052'01 "W along the Northerly Line of the Southwest 1/4 of Section 6, T 5 N, R 20 E, a distance of 2711.33 feet to the West 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S00°49'49"E along the Westerly line of said Southwest 1/4 of Section 6, a distance of 2664.89 feet; thence bearing S00048'08"E along the Westerly line of the Northwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2672.31 feet; thence bearing S01 °16'17"E along the Westerly line of the Southwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2641.75 feet to the Point of Beginning. Containing 77,931,830 square feet (1789 acres). (See Attached Map) John M. Schutz, PLS #3253 August 20, 2024 3 25 I .. is `Yy�r �.f ";.�?• ��. •! � r.' � � -' •i" - IN 4 six i. 4 �.,:��:�; :• � .. � ��':., Rl . � :� � � � � .•:� r� tip, .� . �' � „jai• �-" ��' `r [+If .. i.,;., � , �' � 'Mr . � : � ; is � .. _ xr ` ^ � - . � r . SS •YJ � � f �� CITY OF MUSKEGO NOTICE OF PUBLIC HEARING Q. y PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 6:00 PM, or ' shortly thereafter, on Tuesday, February 25, 2025, at Muskego City Hall, W 182 S8200 Racine Avenue, to considerthe following: Ica, •■ Upon the John Jewell the following described ��je petition of shall area as: _� r Tax Key No. 2229.992.006 / S81 W20871 Russet Court �' • Be granted a rezoning from RS-2 — Suburban Residence District to PD — Planned Development District (based on RS- _fps 2 — Suburban Residence District) for the purpose of allowing the development of a ten (10) lot subdivision known as ti g Apple Hills. The petitioner's application is available for public inspection by contacting the City of Muskego Planning Division. All ; r interested parties will be given an opportunity to be heard. .— t Plan Commission City of Muskego Publish in the Waukesha Freeman Newspaper on February 5, 2025 and February 12, 2025. Dated this 291h day of January, 2025. i 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 AND 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. Russet Ct. NOTICE "Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through For information to this the Planning .1 me • -A 9r appropriate aids and services. additional or request service, contact _ Division at City Hall, W 182 S8200 Racine Avenue, (262) 679-4136." s a � 011 00 S J �a(�e Legend Affected Area ® Properties within 300 ft I: Municipal Boundary 0 Right -of -Way Parcels Structures 4 Lake EScale: 0 390 780 1,560 Feet e � i i i in 27 CITY OF MUSKEGO Staff Report to Common Council February 25, 2025 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: Apple Hills Subdivision/Jewell Rezoning (RS-2 to PD — Planned Development District) Date: February 19, 2025 Background Information: The petitioner, John Jewell of the pending Apple Hills Subdivision, is applying to rezone the development located along Hillendale Drive/Russet Court (Tax Key No. 2229.992.006 / S81 W20871 Russet Court). The proposed rezoning is from RS-2 — Suburban Residence District to PD — Planned Development District (based on the underlying guidelines of the RS-2 — Suburban Residence District). This PD request is to still follow the bulk requirements of the previously granted RS-2 district in place, but with two exceptions as follows: 1. Reduction to the east side street setback on Lot 9 from 40' to 30'. This is requested in order to allow the proposed roadway to the east to be shift westward in order to expand Outlot 1 for proper stormwater management needs. This lot contains an existing home on it that is planned to remain. 2. Reduction to the minimum allowed lot size on Lot 10 from 20,000 SF to 19,932 SF, which is a reduction of 68 SF. This lot reduction is requested in order to allow Outlot 1, which is located just east of this lot, to be expanded for proper stormwater management needs. - SAN Proposed PD changes noted in red above. 28 LYNCH & ASSOCIATES ENGINEERING CONSULTANTS, LLC February 3, 2025 Dear Planning Commission: The rezoning request aims to maintain the existing RS-2 zoning standards with two specific exceptions. 1. The side yard setback requirement on the east side of the corner lot 9 (existing house) adjacent to Sommerfield Lane would be reduced from 40 feet to 30 feet, while maintaining the full 40-foot setback to the north adjacent to Russet Court. 2. The minimum lot size for Lot 10 would be adjusted to 19,932 square feet, below the standard 20,000 square feet. These modifications are necessary to accommodate the stormwater management facility on the adjacent Outlot to the East of Lot 10. The site presents a unique challenge due to the steep slopes, which have complicated stormwater management. During the preliminary plating stage, the stormwater facility was sized but did not account for the additional real estate needed to grade the steep slopes effectively. As a result, the current layout cannot adequately service the subdivision without requiring deed restrictions on impervious surfaces for each individual lot. The proposed changes represent a balanced solution, allowing for the necessary space to construct a properly functioning stormwater facility while preserving the overall intent of the RS-2 zoning standards. We respectfully ask the planning commission to approve the requested 30-foot side yard setback on Lot 9 and the reduction of its minimum lot size from 20,000 square feet to 19,932 square feet. Thank you for your time and consideration. Sincerely, Tom Miles Associate Project Manager LYNCH & ASSOCIATES - ENGINEERING CONSULTANTS, LLC 440 Milwaukee Avenue Burlington, WI 53105 262.402.5040 LW www.lvnch en ineerin .corn 5482 S. Westridge Drive New Berlin, WI 53151 262.402.5040 29 0 M � I 117.2' 111.6' 217.9' 4.6' 148.0' I I co I I I Izo I LOT 5 c; I 20,038 SF Q5F b 720 0� 2s.1' \ 0.46 AC EMENgGE \ N NT \ LOT 3 / 0 I 22,788 SF / \ LO 6 5' 0.52 AC LOT 2 / 20, 0 SF 28,335 SF / \ 9g 0' 0.65 AC / 0. 6 AC /^ / LOT 1 ,1 10. 0" � 22,665 SF I 4Q / 0.52 AC r, 140.7' FT COO 6 "� �� l \ Rr / I I /o o 973, 5 , -12.0' R20p. s OT7 23, 85 SF 0.5 AC / 60 0' w w w vv w V\ 695, SAN SiN SAN SAN SAN S / / V R260' o / a4s 85 V) 104.9' �12.0' M04 / h ��• ry 3� / 20.0' I M,658 SF 240, 400, SEE WALL DETAIL I D; / 0.70 AC LOT 10 SHEET C506 LOT 8 / 19,932 SF `t I J o / 20�8F / x 0.46 AC 55AC FENCE/RAILING, TYP. W / o 154.0 162.7' 10.3' 158 0' 147.3' 0 � I I I I PROPOSED BUILDING SETBACK I I PROPOSED LOT LINES � V) U LU J �p p cn LL V Q V) z U� z < J V J CL (/)-0 H V) V) wZ) � () w �Z OW `n > V o 00 cD CL0 z — N = LU U W W N r Z Z 00 >. to J z Z W v w o� m o z J v) Z CL w Z � 00 `) �' 3 ww w V O c) z ISSUED FOR REVIEW PLAN DATE 09.24.24 DESIGNED BY DEM 0 40' SCALE PROJECT NO. 21.0029 SHEET NO. c 101 FILENAME: P:\Shared\1 Projects\2021\21.0029 John Marek — S81 W20871 Russet Court Muskego — TX ID MSKC 2229992006\CAD\Sheets\21.0029 PLOT DATE: 2/3/2025 4:08 PM SP.dwg CITY OF MUSKEGO COMMON COUNCIL MINUTES February 11, 2025 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 pm. ROLL CALL USKEGO UNAPPROVED Present: Mayor Petfalski, Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Absent: Alderperson Kubacki Also Present: City Attorney Warchol, Assistant Deputy Clerk -Treasurer Crisp STATEMENT OF PUBLIC NOTICE Assistant Deputy Clerk -Treasurer Crisp stated the meeting was noticed in accordance with the open meeting law on Friday, February 7, 2025. PUBLIC COMMENT None. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor Petfalski reminded everyone to drive safely due to expected snow, with assurance that public works would manage road safety. CONSENT AGENDA Approval of Common Council Minutes - January 28, 2025 CCM.2025.01.28 draft.docx Moved by Alderperson Madden; seconded by Alderperson Schroeder to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None NEW BUSINESS None. UNFINISHED BUSINESS Ordinance #1496 - An Ordinance to Add Chapter 135 to the Municipal Code of the City of Muskego (All -Terrain Vehicles and Utility -Terrain Vehicles). Second Reading. ORD2025.1496-ATV UTV.final.docx Memo ATV-UTV.pdf Moved by Alderperson Hammel; seconded by Alderperson Wolfe to Amend. Discussion included a proposal to remove time restrictions for operation - Section 135-7. G. Mayor called for a motion to amend. Moved by Alderperson Hammel; seconded by Alderperson Schwer to Amend the Ordinance to remove Section 135-7. G regarding time restrictions. There was no discussion on the motion to amend; the motion as amended passed unanimously: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None 31 Common Council Meeting Minutes February 11, 2025 Page 12 Ordinance #1497 - An Ordinance to Amend Chapter 263 of the Municipal Code of the City of Muskego (Peace and Good Order). Second Reading. ORD2025.1497-Peace and Good Order (w.red lines).docx Chapter 263 Peace & Good Order with Amendments Per Ordinace #1497.docx Memo Chronic_Nuisance.pdf Moved by Alderperson Wolfe; seconded by Alderperson Hammel to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None Ordinance #1498 - An Ordinance to Amend Chapter 278 of the Municipal Code of the City of Muskego (Public Waters and Beaches). Second Reading. ORD2025.1498-Public Waters and Beaches (w.red lines).docx Chapter 278 Public Waters & Beaches with Amendments Per Ordinace #1498.docx Memo Slow_No_Wake.pdf Moved by Alderperson Hammel; seconded by Alderperson Schwer to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None Ordinance #1499 - An Ordinance to Amend Chapter 302 of the Municipal Code of the City of Muskego (Snowmobiles). Second Reading. ORD2025.1499-Snowmobiles (w.red lines).docx Chapter 302 Snowmobiles with Amendments Per Ordinace #1499.docx Moved by Alderperson Hammel; seconded by Alderperson Schwer to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None FIRST READING OF ORDINANCES AND SECOND READING IF RULES ARE WAIVED Ordinance #1500 - An Ordinance to Amend Chapter 324 of the Municipal Code of the City of Muskego (Taxicabs) ORD2025.1500 Taxicabs (w.red lines).docx Chapter 324 Taxicabs with Amendments Per Ordinace #1500.docx VOUCHER APPROVAL Approval of Utility Vouchers in the amount of $38,999.10. Vouchers - Total Sheet.pdf Vouchers - Alpha report.pdf Moved by Alderperson Schroeder, seconded by Alderperson Madden to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None 32 Common Council Meeting Minutes February 11, 2025 Page 13 Approval of Tax Vouchers in the amount of $24,461.69. Vouchers - Total Sheet.pdf Vouchers - Alpha report.pdf Moved by Alderperson Schroeder; seconded by Alderperson Wolfe to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None Approval of General Fund Vouchers in the amount of $440,328.67. Vouchers - Total Sheet.pdf Vouchers - Alpha report.pdf Moved by Alderperson Schroeder, seconded by Alderperson Madden to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None Approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $420,167.34. Vouchers - Total Sheet.pdf Vouchers - Alpha report.pdf Moved by Alderperson Schroeder, seconded by Alderperson Hammel to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None REVIEW OF COMMITTEE REPORTS Finance Committee Minutes - January 14, 2024 FCM.2025.01.14 Appr.pdf CITY OFFICIALS' REPORTS None COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None FUTURE AGENDA ITEMS A request was made for items to be placed on a future COW meeting regarding: 1) old Police Department building and 2) information on grants related to EMT services. ADJOURNMENT Moved by Alderperson Madden; seconded by Alderperson Hammel to Adjourn. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Madden Voting Against: None Minutes taken and transcribed by Assistant Deputy Clerk -Treasurer Crisp. 33 Council Date Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers $ 27,029.24 Water Wire Transfers Total Water $ 27,029.24 Sewer Vouchers 505,938.93 Sewer Wire Transfers Total Sewer $ 505,938.93 Net Total Utility Vouchers Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $ 19,894.35 Tax Void Checks Total Tax Vouchers Total General Fund Vouchers (Approve Separately) General Fund Vouchers $ 525,745.72 Total General Fund Vouchers Wire transfers (Approve Separately): Debt Service Payroll/Invoice Transmittals February 25, 2025 $ 1,078,608.24 Total Voucher Approval $ 532,968.17 #1 -Utility Voucher Approval 19,894.35 #2 - Tax Voucher Approval $ 525,745.72 #3 - General Voucher Approval $ 421.471.96 34 CITY OF MUSKEGO Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = {<>} "1099 adjustment" Payment Approval Report - Board Report Alpha Report dates: 2/13/2025-2/26/2025 Invoice Number SegNo Type Description ABRAHAM'S ON -SITE SHREDDING SERVICE 0020484 2 Invoice CONTAINER SERVICE - PD 0020484 1 Invoice CONTAINER SERVICE - CH Total ABRAHAM'S ON -SITE SHREDDING SERVICE: ABT MAILCOM Page: 1 Feb 21, 2025 02:58PM Invoice Date Payment Due Date Total Cost GL Period GL Account Number 01/29/2025 02/17/2025 01/29/2025 02/17/2025 45.00 225 100.02.20.01.5704 54.00 225 100.01.06.00.5701 51527 1 Invoice PAST DUE MILLING 4TH QUARTE 02/18/2025 02/18/2025 254.89 225 205.03.00.00.6056 51527 3 Invoice PAST DUE MILLING 4TH QUARTE 02/18/2025 02/18/2025 509.79 225 601.61.63.42.5701 51527 4 Invoice PAST DUE MILLING 4TH QUARTE 02/18/2025 02/18/2025 509.80 225 605.55.09.03.5710 51527 2 Invoice PAST DUE MILLING 4TH QUARTE 02/18/2025 02/18/2025 254.90 225 205.03.30.00.5704 Total ABT MAILCOM: 1,529.38 ACE HARDWARE - WINDLAKE 112451 1 Invoice FILTERS WIRE NUTS FLEXIBLE C 02/05/2025 03/04/2025 249.73 225 605.51.06.02.5702 Total ACE HARDWARE - WINDLAKE: 249.73 ALSTAR CO LLC, THE 42108 1 Invoice UNDERBODY TRUCK BOX 02/07/2025 03/06/2025 229.54 225 601.61.61.21.5306 42108 2 Invoice UNDERBODY TRUCK BOX 02/07/2025 03/06/2025 229.55 225 605.56.09.33.5735 42330 1 Invoice MARTIN DC-3200 COUGAR 12V M 02/20/2025 03/23/2025 1,812.00 225 410.08.93.51.6508 Total ALSTAR CO LLC, THE: 2,271.09 AMAZON CAPITAL SERVICES 1JVV-1MGG-Q 6 Invoice SHIPPING PROMO/DISCOUNT 02/18/2025 02/18/2025 43.69- 225 100.02.20.01.5722 1JVV-1MGG-Q 1 Invoice MROTEK UNIFORMS 02/18/2025 02/18/2025 82.77 225 100.02.20.01.5151 1JVV-1MGG-Q 2 Invoice OFFICE SUPPLIES 02/18/2025 02/18/2025 114.18 225 100.02.20.01.5701 1JVV-1MGG-Q 3 Invoice EVIDENCE ROOM SUPPLIES 02/18/2025 02/18/2025 244.29 225 100.02.20.01.5722 1JVV-1MGG-Q 5 Invoice SHIPPING EVIDENCE SUPPLIES 02/18/2025 02/18/2025 48.68 225 100.02.20.01.5722 1JVV-IMGG-Q 4 Invoice BLDG MAINT SUPPLIES 02/18/2025 02/18/2025 151.42 225 100.02.20.01.5415 1LXV-QIR4-H7 1 Invoice CREDIT 02/04/2025 03/03/2025 314.25- 225 100.04.51.04.5744 1WQY-CKQJ- 5 Invoice GLOVES TOOL ORGANIZER 01/31/2025 03/01/2025 346.99 225 100.04.51.04.5744 1WQY-CKQJ- 2 Invoice CONCRETE SCREWS 01/31/2025 03/01/2025 90.20 225 100.04.51.08.5415 1WQY-CKQJ- 4 Invoice ULTRASONIC CLEANER SENSOR 01/31/2025 03/01/2025 390.31 225 100.04.51.11.5405 1WQY-CKQJ- 1 Invoice BINDERS 01/31/2025 03/01/2025 49.76 225 100.04.51.01.5701 1WQY-CKQJ- 3 Invoice ENGINE HEATER 01/31/2025 03/01/2025 24.23 225 100.04.51.11.5415 Total AMAZON CAPITAL SERVICES: AMERICAN DEFENSE MFG PRODUCTS 175253 1 Invoice PARTS FOR RIFLES Total AMERICAN DEFENSE MFG PRODUCTS: ANDY KRAATZ OVERHEAD DOORS INC 3345 1 Invoice WEST DOORS Total ANDY KRAATZ OVERHEAD DOORS INC: 02/18/2025 02/18/2025 72.00 225 410.08.91.20.6509 02/12/2025 02/27/2025 650.00 225 100.04.51.08.5415 35 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number AT&T 1664728905 1 Invoice MONTHLY PRI-PD & CITY HALL 02/07/2025 03/19/2025 1,788.56 225 100.01.06.00.5601 262679563102 1 Invoice MONTHLY-CENTREX LINES 02/19/2025 02/19/2025 105.72 225 100.01.06.00.5601 s662264264-25 1 Invoice NEW 911 SYSTEM- BILLING FOR 2 02/19/2025 02/19/2025 381.99 225 100.02.20.01.5504 Total AT&T. 2,276.27 AXON ENTERPRISE INC. INUS314975 1 Invoice BWC/FLEET 3 02/18/2025 02/18/2025 52,471.64 225 410.08.91.20.6512 Total AXON ENTERPRISE INC.: 52,471.64 BAKER & TAYLOR COMPANY 2038855283 1 Invoice PRINT 01/30/2025 02/28/2025 714.13 225 100.05.71.01.5711 2038865082 1 Invoice PRINT 02/05/2025 03/05/2025 1,115.56 225 100.05.71.01.5711 2038867237 1 Invoice PRINT 02/06/2025 03/06/2025 514.22 225 100.05.71.01.5711 2038868149 1 Invoice PRINT 02/06/2025 03/06/2025 564.97 225 100.05.71.01.5711 2038875919 1 Invoice PRINT 02/11/2025 03/11/2025 284.30 225 100.05.71.01.5711 2038881055 1 Invoice PRINT 02/13/2025 03/13/2025 506.90 225 100.05.71.01.5711 2038890779 1 Invoice PRINT 02/17/2025 03/18/2025 801.94 225 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY: 4,502.02 BAYCOM INC SRVCE000000 1 Invoice SERVICE AGREEMENT 02/18/2025 02/18/2025 13,160.00 225 100.02.20.01.5406 SRVCE000000 1 Invoice RADIO REPAIR JACK BOX 02/18/2025 02/18/2025 290.00 225 100.02.20.01.5406 Total BAYCOM INC: 13,450.00 BOBCAT PLUS LLC IB30054 1 Invoice 2 MEL 46K8 ELBOW 02/12/2025 03/15/2025 66.22 225 100.04.51.11.5405 IB30296 1 Invoice BOBCAT PARTS 02/11/2025 03/10/2025 356.09 225 605.56.09.33.5735 IB30296 2 Invoice BOBCAT PARTS 02/11/2025 03/10/2025 356.09 225 601.61.61.21.5306 Total BOBCAT PLUS LLC: 778.40 CARDMEMBER SERVICE 0083 TZ FEB 2 1 Invoice STEELANGLE 01/28/2025 02/24/2025 71.30 225 250.01.00.00.6056 0083 TZ FEB 2 3 Invoice VIDEO FEED 01/28/2025 02/24/2025 27.00 225 215.06.00.00.5704 0083 TZ FEB 2 4 Invoice PRAIRIE CONF 01/28/2025 02/24/2025 65.00 225 215.06.00.00.5303 0083 TZ FEB 2 2 Invoice TRIM & RIM 01/28/2025 02/24/2025 556.50 225 215.06.00.00.5704 1530 EMFeb25 1 Invoice KIDS FOL - WALMART - ATLAS/PA 01/29/2025 02/28/2025 39.06 225 100.05.71.00.5752 1530 EMFeb25 2 Invoice KIDS FOL - WALMART - STEAM EX 01/29/2025 02/28/2025 11.82 225 100.05.71.00.5752 1737 KCFeb25 1 Invoice SHRM MEMBERSHIP 2025 01/28/2025 02/24/2025 264.00 225 100.01.01.01.5305 1947LMFeb25 1 Invoice SCIT VEST PURCHASE 02/19/2025 02/19/2025 1,509.46 1224 410.08.91.20.6508 1947LMFeb25 2 Invoice SARTOIRUS 24 UNIFORM 02/19/2025 02/19/2025 268.80 1224 100.02.20.01.5151 1947LMFeb25( 5 Invoice CREDIT FROM FRAUD CHARGES 02/19/2025 02/19/2025 1,075.71- 225 100.02.20.01.5415 1947LMFeb25( 4 Invoice 8PT HATS FOR NEWER EMPLOYE 02/19/2025 02/19/2025 1,412.65 225 100.02.20.01.5151 1947LMFeb25( 1 Invoice BICYCLE SEAT REPLACEMENT CA 02/19/2025 02/19/2025 124.91 225 505.00.00.00.2637 1947LMFeb25( 2 Invoice SRO AWARD/JOURNALSENTINAL 02/19/2025 02/19/2025 235.62 225 505.00.00.00.2637 1947LMFeb25( 3 Invoice BLDG MAINT SUPPLIES 02/19/2025 02/19/2025 57.16 225 100.02.20.01.5415 2965 AT FEB 2 1 Invoice BUSINESS JOURNAL 01/25/2025 02/24/2025 170.00 225 100.06.18.01.5704 2965 AT FEB 2 2 Invoice MILWAUKEE JOURNAL 01/25/2025 02/24/2025 1.00 225 100.06.18.01.5704 3349sjfeb25 1 Invoice UNIFORMS JOHANNIK 01/28/2025 02/24/2025 45.94 225 100.02.20.01.5151 3469 BLAFeb2 1 Invoice 12.30.24-01.29.25 BUSINESS INTE 01/29/2025 02/28/2025 109.98 225 100.05.71.00.5505 3469 BLAFeb2 2 Invoice BL LIB LEGISLATIVE DAY 01/29/2025 02/28/2025 45.00 225 100.05.71.00.5303 3469 BLAFeb2 3 Invoice HS ART RECEPTION 01/29/2025 02/28/2025 63.74 225 100.05.71.00.6062 3469 BLAFeb2 1 Invoice BUSINESS CARDS 01/29/2025 02/24/2025 115.97 1224 100.05.71.00.5701 36 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 3921TDFeb25 1 Invoice PRESCHOOL/CAMP MATERIALS 01/28/2025 02/28/2025 81.90 225 100.05.72.16.5702 4271 RPFEB25 3 Invoice URBAN ALLIANCE 02/01/2025 02/24/2025 30.00 225 100.01.01.00.5303 4271 RPFEB25 2 Invoice CITY MUSKEGO PARKING DECAL 02/01/2025 02/24/2025 278.62 225 202.08.94.74.6584 4271 RPFEB25 5 Invoice PUBLICATIONS HR/FINANCE 02/01/2025 02/24/2025 130.00 225 100.01.06.00.6001 4271 RPFEB25 6 Invoice CONFERENCE SEMINAR 02/01/2025 02/24/2025 60.00 225 100.01.01.00.5303 4271 RPFEB25 4 Invoice CONFERENCE 02/01/2025 02/24/2025 20.00 225 100.01.01.00.5303 4271 RPFEB25 7 Invoice CONFERENCE PARKING 02/01/2025 02/24/2025 12.00 225 100.01.01.00.5303 4271 RPFEB25 1 Invoice DISCOUNT LABELS PARK/REC LA 02/01/2025 02/24/2025 315.02 225 202.08.94.74.6584 4441jmfeb25 1 Invoice GLOCK ARMOUR CLASS KINNEY 01/28/2025 02/24/2025 300.00 225 100.02.20.01.5301 5449nffeb25 3 Invoice SCIT COLDWEATHER GEAR 02/19/2025 02/19/2025 4,900.00 225 410.08.91.20.6534 5449nffeb25 2 Invoice FILTER FOR FRIDGE 02/19/2025 02/19/2025 52.94 225 100.02.20.01.5415 5449nffeb25 1 Invoice SRO CONF 02/19/2025 02/19/2025 51.81 225 100.02.20.01.5303 5800JW-Feb25 1 Invoice LEXIS NEXIS 01/28/2025 02/24/2025 316.00 225 100.01.05.00.5506 6796 RB FEB 1 Invoice USPS OIL SAMPLES SHED 01/28/2025 02/24/2025 1,042.46 225 100.04.51.04.5744 6796 RB FEB 3 Invoice TAPE MEASURE DRYWALL BLAD 01/28/2025 02/24/2025 194.88 225 100.04.51.11.5731 6796 RB FEB 2 Invoice PROPANE 01/28/2025 02/24/2025 34.40 225 100.04.51.11.5735 6796 RB FEB 4 Invoice SPRING GROUP SF 2014 FREIGH 01/28/2025 02/24/2025 576.58 225 100.04.51.11.5405 7706BLOFeb2 1 Invoice HELPDESK/PATCH MANGT 01/28/2025 02/24/2025 387.50 225 100.01.14.00.5507 8312swfeb25 1 Invoice COLDWEATHER GEAR 02/19/2025 02/19/2025 1,566.28 225 410.08.91.20.6534 8312swfeb25 2 Invoice STATE OF CITY BREAKFAST 02/19/2025 02/19/2025 100.00 225 100.02.20.01.5303 8372jrfeb25 2 Invoice USPS RETURN WEATHERGEAR 01/28/2025 02/24/2025 32.58 225 100.02.20.01.5722 8372jrfeb25 1 Invoice PELOCK SWAT CONF 01/28/2025 02/24/2025 238.50 225 100.02.20.01.5303 8467 KRFeb25 1 Invoice OFFICE SUPPLIES 01/28/2025 02/24/2025 37.67 225 100.01.03.01.5704 8467 KRFeb25 2 Invoice POSTAGE 01/28/2025 02/24/2025 48.76 225 100.01.06.00.5710 8824 TB FEB 2 1 Invoice FLOOD HEADLAMP WET/DRY VA 01/28/2025 02/24/2025 264.86 225 601.61.61.15.5415 8824 TB FEB 2 3 Invoice TOOLS 01/28/2025 02/24/2025 142.81 225 601.61.61.21.5306 8824 TB FEB 2 2 Invoice CLEANERS WIPES 01/28/2025 02/24/2025 47.23 225 605.56.09.33.5735 9070 AHFeb25 2 Invoice TEEN FOL - UNIVERSAL YUMS - C 01/29/2025 02/28/2025 24.18 225 100.05.71.00.5752 9070 AHFeb25 1 Invoice TEEN FOL - SAMS CLUB -S TUDY 01/29/2025 02/28/2025 98.72 225 100.05.71.00.5752 9206 SKR FEB 3 Invoice CLOTHING 01/28/2025 02/24/2025 105.00 225 100.04.19.00.5225 9206 SKR FEB 5 Invoice ASCE DINNER 01/28/2025 02/24/2025 36.00 225 100.04.19.00.5303 9206 SKR FEB 2 Invoice BOOTS 01/28/2025 02/24/2025 57.17 225 100.04.19.00.5225 9206 SKR FEB 4 Invoice WATER STORE 01/28/2025 02/24/2025 61.01 225 100.01.09.00.5415 9206 SKR FEB 6 Invoice CLOTHING 01/28/2025 02/24/2025 69.45 225 100.04.19.00.5225 9206 SKR FEB 1 Invoice ASCE MEMBERSHIP 01/28/2025 02/24/2025 321.00 225 100.04.19.00.5305 9383 ECFeb25 2 Invoice ADULT FOL - OTC - PUZZLE 01/29/2025 02/28/2025 53.73 225 100.05.71.00.5752 9383 ECFeb25 1 Invoice KIDS FOL - WALMART -ATLAS 01/29/2025 02/28/2025 64.29 225 100.05.71.00.5752 Total CARDMEMBER SERVICE: 16,272.55 CDW GOVERNMENT INC AC6C96J 1 Invoice ANNUAL ANTI -VIRUS 02/03/2025 03/05/2025 5,440.00 225 100.01.14.00.5507 AC6cw4i 1 Invoice MDR -WITH ANTIVIRUS 02/03/2025 03/05/2025 5,750.00 225 100.01.14.00.5507 Total CDW GOVERNMENT INC: 11,190.00 CINTAS CORP PW 422018678 1 Invoice MONTHLY CHARGES UNIFORMS 02/05/2025 03/04/2025 261.69 225 100.04.51.07.5704 PW 422092870 1 Invoice MONTHLY CHARGES UNIFORMS 02/12/2025 03/11/2025 264.09 225 100.04.51.07.5704 PW 422160006 1 Invoice MONTHLY CHARGES UNIFORMS 02/19/2025 03/21/2025 264.09 225 100.04.51.11.5820 UT 422018678 2 Invoice MONTHLY CHARGES UNIFORMS 02/13/2025 03/11/2025 54.68 225 605.56.09.21.5835 UT 422018678 1 Invoice MONTHLY CHARGES UNIFORMS 02/13/2025 03/11/2025 54.69 225 601.61.61.12.5702 UT 422092870 1 Invoice MONTHLY CHARGES UNIFORMS 02/12/2025 03/11/2025 54.69 225 605.56.09.21.5835 UT 422092870 2 Invoice MONTHLY CHARGES UNIFORMS 02/12/2025 03/11/2025 54.68 225 601.61.61.12.5702 LIT422160006 2 Invoice MONTHLY CHARGES UNIFORMS 02/19/2025 03/21/2025 54.68 225 601.61.61.12.5702 UT422160006 1 Invoice MONTHLY CHARGES UNIFORMS 02/19/2025 03/21/2025 54.69 225 605.56.09.21.5835 37 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 2/13/2025-2/26/2025 Page: 4 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total CINTAS CORP: 1,117.98 COMPASS MINERALS AMERICA 1438982 1 Invoice 308.38 TN 01/22/2025 02/21/2025 24,935.61 225 100.04.51.05.5747 1447199 1 Invoice 280.62 TN 01/30/2025 03/01/2025 22,690.93 225 100.04.51.05.5747 1448987 1 Invoice 73.15 TN 02/01/2025 03/03/2025 5,914.91 225 100.04.51.05.5747 1453908 1 Invoice 212.68 TN 02/07/2025 03/09/2025 17,197.30 225 100.04.51.05.5747 Total COMPASS MINERALS AMERICA: 70,738.75 COMPLETE OFFICE OF WIS 872406 1 Invoice LINERS 02/18/2025 03/20/2025 34.85 225 100.05.71.00.5703 872406 2 Invoice LINERS 02/18/2025 03/20/2025 85.44 225 100.02.20.01.5704 872407 1 Invoice LINERS 02/18/2025 03/20/2025 38.26 225 100.05.71.00.5703 872408 1 Invoice TOWELS 02/18/2025 03/20/2025 207.27 225 601.61.63.42.5701 Total COMPLETE OFFICE OF WIS: 365.82 CONCENTRA HEALTH SERVICES, INC 18042464 1 Invoice RANDOM DRUG SCREENS Q1 202 01/24/2025 02/01/2025 290.00 225 605.56.09.30.5305 Total CONCENTRA HEALTH SERVICES, INC: 290.00 CORE & MAIN LP W390179 1 Invoice GASKET L/P SLV 20" FORCE MAI 02/04/2025 03/06/2025 1,472.32 225 601.61.61.16.5411 W390274 1 Invoice PIPE T-HEAD B& N COR BLUEW 02/04/2025 03/06/2025 8,666.98 225 601.61.61.16.5411 Total CORE & MAIN LP: 10,139.30 DC MOTORS PLUS INC 82275 1 Invoice CONTROL BOX 02/06/2025 03/08/2025 1,152.97 225 100.04.51.11.5405 Total DC MOTORS PLUS INC: 1,152.97 DERMATEC DIRECT 152101 1 Invoice NITRILE GLOVES 02/11/2025 03/11/2025 149.64 225 100.02.20.01.5722 Total DERMATEC DIRECT. 149.64 DF TOMASINI INC. DFT #2326-19 1 Invoice COURTLAND SEWER REPAIR 02/14/2025 03/16/2025 30,021.50 225 601.61.61.16.5411 Total DF TOMASINI INC.: 30,021.50 DIGGERS HOTLINE INC JAN 25 2 Invoice JAN 2025 01/31/2025 02/02/2025 39.75 225 605.54.06.41.5870 JAN 25 1 Invoice JAN 2025 01/31/2025 02/02/2025 79.48 225 100.04.51.04.6026 JAN 25 3 Invoice JAN 2025 01/31/2025 02/02/2025 39.74 225 601.61.63.43.5801 Total DIGGERS HOTLINE INC: 158.97 DIVERSIFIED BENEFIT SERV INC. 434005 1 Invoice FEB 25 HRAADMIN SERVICES 02/07/2025 03/05/2025 458.49 225 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.: 458.49 38 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 2/13/2025-2/26/2025 Page: 5 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number DORN, DANIEL 2196.981.001 1 Invoice SOLD HOME SHOULD NOT HAVE 02/14/2025 02/14/2025 202.11 225 001.00.00.00.1005 Total DORN, DANIEL: 202.11 DORNER COMPANY 514346 1 Invoice KINETROL ACTUATOR BRACKET 02/11/2025 03/15/2025 1,517.00 1224 605.51.06.02.5702 Total DORNER COMPANY: 1,517.00 DOXO, INC 2207026 1 Invoice REF ID 493CC4AD OVERPAYMENT 02/18/2025 02/18/2025 2,235.32 225 501.00.00.00.2120 Total DOXO, INC: 2,235.32 EAGLE MEDIA INC. 00140367 1 Invoice SARTORIUS CADET UNIFORM 02/18/2025 02/18/2025 43.98 225 505.00.00.00.2636 00140591 1 Invoice REFLECTIVE HOODIES 02/10/2025 02/25/2025 1,362.30 225 100.04.51.05.5704 00140892 1 Invoice JOHANNIK UNIFORMS 02/18/2025 02/18/2025 495.72 225 100.02.20.01.5151 00140972 1 Invoice MACK UNIFORMS 02/18/2025 02/18/2025 95.94 225 100.02.20.10.5151 00140997 1 Invoice SARTORIUS UNIFORMS 02/18/2025 02/18/2025 278.00 225 100.02.20.01.5151 00141010 1 Invoice TRUCK 14 01/27/2025 02/26/2025 223.29 225 100.04.51.07.5405 00141141 1 Invoice KRAUS UNIFORMS 02/18/2025 02/18/2025 37.98 225 100.02.20.10.5151 Total EAGLE MEDIA INC.: 2,537.21 ELLIOTT'S ACE HARDWARE 854879 1 Invoice GLV NIPPLES ANTI -SEIZE 02/11/2025 03/10/2025 30.20 225 605.54.06.52.5702 Total ELLIOTT'S ACE HARDWARE: 30.20 EVIDENT 247716A 1 Invoice EVIDENCE ROOM SUPPLIES 02/18/2025 02/18/2025 396.12 225 100.02.20.01.5722 Total EVIDENT: 396.12 FAIRWAY GREEN LLC CITY HALL 25 2 Invoice CITY HALL 25 02/12/2025 03/15/2025 293.75 225 100.02.20.01.5415 CITY HALL 25 1 Invoice CITY HALL 25 02/12/2025 03/15/2025 293.75 225 100.01.09.00.5415 LIBRARY 25 1 Invoice LIBRARY 02/12/2025 03/15/2025 587.50 225 100.05.71.00.5415 PARK ARTHU 1 Invoice PARKARTHUR 02/12/2025 03/15/2025 1,057.50 225 202.08.94.74.6530 Total FAIRWAY GREEN LLC: 2,232.50 FERGUSON WATERWORKS #1476 0435942 1 Invoice ANNUAL ENTITLEMENT FEE BELT 02/04/2025 03/06/2025 9,282.00 225 605.56.09.23.5620 0437855 1 Invoice HOSE BIBB 02/06/2025 03/08/2025 550.00 225 605.54.06.53.5702 0438364 1 Invoice 4 MACH 10 R9001 20 LENGTH USG 02/10/2025 03/13/2025 4,529.77 225 605.00.00.00.1953 Total FERGUSON WATERWORKS #1476: 14,361.77 FICKAU INC. 86234 1 Invoice 2X2X1/4 ANGLE 10 CUT OFF WHE 02/10/2025 03/09/2025 143.04 225 601.61.61.21.5306 Total FICKAU INC.: 143.04 FIRST RESPONDERS PSYCHOLOGICAL SERVICES 0125MKPD 1 Invoice THERAPY 02/18/2025 02/18/2025 1,500.00 225 100.02.20.01.5845 39 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 2/13/2025-2/26/2025 Page: 6 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total FIRST RESPONDERS PSYCHOLOGICAL SERVICES: 1,500.00 FLEET CHARGE 2354858P-0 1 Invoice BALANCE DUE 02/20/2025 02/28/2025 49.37 225 100.04.51.07.5405 2355556P 1 Invoice PARTS 02/17/2025 03/29/2025 165.56 225 100.04.51.07.5405 2356459P 1 Invoice PARTS 02/17/2025 03/29/2025 2,930.96 225 100.04.51.07.5405 Total FLEET CHARGE: 3,145.89 FORCE AMERICA INC. IN001-2039515 1 Invoice 2 BOLT C - 1-1/4 KEYED SHAFT 01/31/2025 03/01/2025 3,616.45 225 100.04.51.07.5405 IN001-2041388 1 Invoice COIL PROPORTIONAL FLOW CON 02/07/2025 03/09/2025 837.29 225 100.04.51.07.5405 Total FORCE AMERICA INC.: 4,453.74 FORWARD MECHANICAL, INC 2183 1 Invoice RTU REPAIR 11/29/2025 01/28/2025 2,975.00 1124 100.04.51.08.5415 Total FORWARD MECHANICAL, INC: 2,975.00 GAIL BARTZ LEVIN 5508 1 Invoice CLASS INSTRUCTION PUNCH PAS 02/09/2025 03/09/2025 350.00 225 100.05.72.13.5110 Total GAIL BARTZ LEVIN: 350.00 GALLS, LLC 030309881 1 Invoice X UNIFORMS 02/18/2025 02/18/2025 268.52 225 100.02.20.01.5151 030323549 1 Invoice FOX UNIFORMS 02/18/2025 02/18/2025 10.99 225 100.02.20.01.5151 030370584 1 Invoice HARENDA UNIFORMS 02/18/2025 02/18/2025 112.46 225 100.02.20.01.5151 030427111 1 Invoice CADET UNIFORMS 02/18/2025 02/18/2025 5.00 225 505.00.00.00.2636 Total GALLS, LLC: 396.97 GENERAL CODE GCO0128829 1 Invoice ECODE360 ANNUAL MAINTENANC 01/24/2025 02/23/2025 1,195.00 225 100.01.06.00.5506 Total GENERAL CODE: 1,195.00 GOVERNMENTJOBS.COM INV-130003 1 Invoice NEOGOV ONBOARD SOFTWARE 02/05/2025 03/07/2025 7,685.74 225 410.08.90.01.6505 Total GOVERNMENTJOBS.COM: 7,685.74 GRAEF INC 0137254 1 Invoice KIRKLAND CROSSING DEVELOPM 02/18/2025 03/19/2025 4,092.50 225 507.00.00.00.2648 0137255 1 Invoice APPLE HILLS DEVELOPMENT 02/18/2025 03/19/2025 241.25 225 507.00.00.00.2743 0137256 1 Invoice BASELER HENNEBERRY DEVELO 02/18/2025 03/19/2025 656.25 225 507.00.00.00.2665 0137258 1 Invoice PEACH LANE (TWIN SILOS) 02/18/2025 03/19/2025 420.00 225 507.00.00.00.2760 0137259 1 Invoice MUSKEGO STORAGE ADDITION 02/18/2025 03/19/2025 303.75 225 507.00.00.00.2748 0137260 1 Invoice IDDE INSPECTION 02/17/2025 03/19/2025 322.50 225 216.08.00.00.6557 0137261 1 Invoice 2024 ROAD PROGRAM 02/17/2025 03/19/2025 330.00 1224 100.07.51.02.6502 0137264 1 Invoice GENERAL ENGINEERING SERVIC 02/18/2025 03/19/2025 1,707.50 225 605.56.09.23.5815 0137265 1 Invoice HILLENDALE ROAD CONSTRUCTI 02/18/2025 03/19/2025 6,879.00 225 410.08.91.19.6507 0137266 1 Invoice GOLF VIEW ESTATES 02/18/2025 03/19/2025 135.00 225 507.00.00.00.2724 0137267 1 Invoice IDLE ISLE PARK 02/18/2025 03/19/2025 660.00 225 202.08.94.74.6579 0137268 1 Invoice ST PAUL LUTHERAN CHURCH 02/18/2025 03/19/2025 1,116.25 225 507.00.00.00.2640 0137269 1 Invoice DAM INSPECTION 02/18/2025 03/19/2025 268.75 225 100.04.51.09.5744 40 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 0137270 1 Invoice 2025 ROAD PROGRAM 02/18/2025 03/19/2025 3,360.00 225 100.07.51.02.6502 0137271 1 Invoice GENERAL ENGINEERING SERVIC 02/17/2025 03/17/2025 3,684.00 225 605.56.09.23.5815 Total GRAEF INC: 24,176.75 HAWKINS INC. 6980712 1 Invoice AZONE 15 02/10/2025 03/13/2025 2,455.79 225 605.53.06.31.5750 Total HAWKINS INC.: 2,455.79 HEARTLAND BUSINESS SYSTEMS 767413-H 1 Invoice CONSULANT TIME 02/07/2025 03/07/2025 5,000.00 225 100.01.14.00.5840 Total HEARTLAND BUSINESS SYSTEMS: 5,000.00 HERO INDUSTRIES INC 20631 1 Invoice PD CHALLENGE COINS 02/18/2025 02/18/2025 690.00 225 100.02.20.01.5704 Total HERO INDUSTRIES INC: 690.00 HILLER FORD INC 1429269 1 Invoice SQD 23 REPAIR PARTS 02/04/2025 03/04/2025 28.12 225 100.02.20.01.5405 Total HILLER FORD INC: 28.12 HUMPHREY SERVICE PARTS 01P151451 1 Invoice PARTS 02/12/2025 03/11/2025 71.05 225 100.04.51.07.5405 01P152570 1 Invoice GAS CANS 02/13/2025 03/15/2025 321.35 225 100.04.51.07.5405 01P152576 1 Invoice PARTS 02/13/2025 03/15/2025 345.60 225 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS: 738.00 IDI IN828582 1 Invoice REVERSE LOOKUP 02/18/2025 02/18/2025 147.00 225 100.02.20.01.5504 Total IDI : 147.00 IMPACT ACQUISTIONS LLC 3404536 4 Invoice COURT 01/13/2025 02/13/2025 578.00 225 100.01.08.00.5410 3404536 6 Invoice COMM DEVELOPMENT 01/13/2025 02/13/2025 578.00 225 100.06.18.01.5410 3404536 3 Invoice MAYOR/LAW 01/13/2025 02/13/2025 578.00 225 100.01.05.00.5506 3404536 5 Invoice POLICE 01/13/2025 02/13/2025 578.00 225 100.02.20.01.5410 3404536 1 Invoice FINANCE 01/13/2025 02/13/2025 578.00 225 100.01.03.00.5410 3404536 7 Invoice LIBRARY 01/13/2025 02/13/2025 578.00 225 100.05.71.00.5401 3404536 2 Invoice RECREATION 01/13/2025 02/13/2025 578.00 225 100.05.72.10.5401 Total IMPACT ACQUISTIONS LLC: 4,046.00 INPRO CORPORATION 2221.019.002 1 Invoice REFUND OVERPAYMENT OF UTLI 02/13/2025 02/13/2025 2,943.51 225 001.00.00.00.1005 2221.019.002 2 Invoice REFUND OVERPAYMENT OF UTLI 02/13/2025 02/13/2025 717.61 225 001.00.00.00.1005 Total INPRO CORPORATION: 3,661.12 ITU ABSORB TECH INC FABAGO0608 1 Invoice MED SUPPLIES 02/05/2025 03/07/2025 89.40 225 100.04.51.05.5704 FABAGO0609 1 Invoice MED SUPPLIES 02/05/2025 03/09/2025 19.90 225 601.61.61.15.5425 41 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 2/13/2025-2/26/2025 Page: 8 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total ITU ABSORB TECH INC: 109.30 JOHNNY'S PETROLEUM PROD INC 16091 1 Invoice 355.9 GAL #2 OFF RD DIESEL 01/17/2025 02/16/2025 837.08 225 100.04.51.11.5735 16122 1 Invoice 200 GAL #2 OFF RD DIESEL 01/23/2025 02/22/2025 625.80 225 100.04.51.11.5735 74103 1 Invoice ABANDON TRAILER/BOAT TOW C 02/18/2025 02/18/2025 350.00 225 100.02.20.01.5722 Total JOHNNY'S PETROLEUM PROD INC: 1,812.88 KAESTNER AUTO ELECTRIC CO 440720 1 Invoice AMBR/GRN WASHER HANDLE/W 02/10/2025 03/09/2025 247.96 225 100.04.51.07.5405 440761 1 Invoice AMBR/GRN EYE 02/11/2025 03/10/2025 68.00 225 100.04.51.11.5405 440773 1 Invoice AMBR/GRN EYE 02/11/2025 03/10/2025 136.00 225 100.04.51.11.5405 Total KAESTNER AUTO ELECTRIC CO: 451.96 KIESLER'S POLICE SUPPLY INC IN250825 1 Invoice RIFLE PARTS 02/18/2025 02/18/2025 802.50 1224 410.08.91.20.6509 IN250914 1 Invoice RIFLE PARTS 02/18/2025 02/18/2025 6.41 225 410.08.91.20.6509 Total KIESLER'S POLICE SUPPLY INC: 808.91 LANDMARK STUDIO, LTD 500028 1 Invoice ENGEL CONSERVATION SIGNAGE 12/12/2024 01/12/2025 1,845.00 1224 215.06.00.00.6506 500029 1 Invoice ENGEL CONSERVATION SIGNAGE 12/12/2025 01/12/2025 3,496.50 1224 215.06.00.00.6506 Total LANDMARK STUDIO, LTD: 5,341.50 LUANN LANG 02182025 1 Invoice BLLOD DRIVE REIMBURSEMENT 02/19/2025 02/19/2025 57.05 225 100.03.22.00.5704 Total LUANN LANG: 57.05 MARCO TECHNOLOGIES LLC INV135095363 1 Invoice PHONE -LIC. ISSUE 02/11/2025 02/26/2025 277.50 225 100.01.14.00.5840 Total MARCO TECHNOLOGIES LLC: 277.50 MENARDS 68922 1 Invoice PAINT PLYWOOD 02/03/2025 03/05/2025 359.89 225 100.04.51.08.5415 68927 1 Invoice TRAIL CAM HOLDER BATT MUDD 02/03/2025 03/06/2025 121.93 225 100.04.51.11.5405 68954 1 Invoice TILE EDGE 8' MILL 02/04/2025 03/06/2025 39.98 225 100.04.51.11.5415 68992 1 Invoice ALUM FLAT HAEVY DUTY CONST/ 02/05/2025 03/08/2025 20.82 225 100.04.51.04.5744 69043 1 Invoice WOOD STAIN BRUSH 02/06/2025 03/05/2025 60.78 225 100.04.51.04.5744 69069 1 Invoice STAINING PAD POLYCRYLIC INT F 02/07/2025 03/08/2025 34.95 225 100.04.51.04.5744 69189 1 Invoice POLYCRYLIC INT FINISH SAT 4X8 02/10/2025 03/13/2025 122.65 225 100.04.51.04.5744 Total MENARDS: 761.00 MIDWEST TAPE 506671585 1 Invoice AV 01/28/2025 02/28/2025 56.22 225 100.05.71.02.5711 506671586 1 Invoice AV 01/28/2025 02/28/2025 121.46 225 100.05.71.02.5711 506702933 1 Invoice AV 02/03/2025 03/02/2025 395.53 225 100.05.71.02.5711 506702934 1 Invoice AV 02/03/2025 03/03/2025 197.96 225 100.05.71.02.5711 506713199 1 Invoice AV 02/07/2025 03/07/2025 31.99 225 100.05.71.02.5711 506719350 1 Invoice AV 02/07/2025 03/07/2025 200.67 225 100.05.71.02.5711 506719351 1 Invoice AV 02/07/2025 03/07/2025 80.45 225 100.05.71.02.5711 42 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total MIDWESTTAPE: 1,084.28 MILLS, CONNOR 20241959 1 Invoice REFUND BUSINESS REG MOD BR 02/17/2025 02/17/2025 125.00 225 100.02.25.00.4250 Total MILLS, CONNOR: 125.00 MILW MET. SEWERAGE DISTRICT 354001 1 Invoice QUARTERLY BILLING OCT 1 THRU 01/21/2025 03/07/2025 408,440.02 1224 601.61.61.03.6072 Total MILW MET. SEWERAGE DISTRICT: 408,440.02 MILWAUKEE JOURNAL SENTINEL MJ2973738 1 Invoice SUBSCRIPTION 03/01/2025-02/28/2 02/01/2025 02/22/2025 479.04 225 100.04.51.01.5701 Total MILWAUKEE JOURNAL SENTINEL: 479.04 MILWAUKEE SPRING & ALIGNMENT 47661 1 Invoice U-BOLT W NUTS & WASHERS 02/12/2025 03/14/2025 1,641.92 225 100.04.51.07.5405 Total MILWAUKEE SPRING & ALIGNMENT: 1,641.92 MITYLITE INC 00184658 1 Invoice EVIDENCE/SCIT ROOM FURNITUR 02/18/2025 02/18/2025 7,593.72 125 410.08.91.20.6550 Total MITYLITE INC: 7,593.72 NOTARY BOND RENEWAL SERVICE CMC/RENEWA 1 Invoice NOTARY BOND RENEWAL-CHRIST 02/12/2025 02/12/2025 30.00 225 100.01.08.00.5702 Total NOTARY BOND RENEWAL SERVICE: 30.00 OPG-3, INC 8581 1 Invoice ANNUAL MAINTENANCE 02/03/2025 03/05/2025 8,387.00 225 100.01.06.00.5506 Total OPG-3, INC: 8,387.00 O'REILLYAUTOMOTIVE INC. 3853-378125 1 Invoice OIL FILTER 02/03/2025 02/18/2025 87.17 225 100.02.20.01.5405 Total O'RE ILLY AUTOMOTIVE INC.: 87.17 PEAK SOFTWARE SYSTEMS INC. 028262 1 Invoice SPORTSMAN SENDGRID SET-UP 02/19/2025 03/21/2025 388.00 225 100.05.72.10.5506 Total PEAK SOFTWARE SYSTEMS INC.: 388.00 PERRILL 263836 1 Invoice ROWAY WEB APPS 02/01/2025 03/03/2025 85.00 225 100.04.19.00.5815 Total PERRILL: 85.00 PROHEALTH CARE MEDICAL GROUP 10006544628 1 Invoice BLOOD DRAW 02/18/2025 02/18/2025 39.39 225 100.02.20.01.5722 Total PROHEALTH CARE MEDICAL GROUP: 39.39 43 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number PROVEN POWER INC 02-483711 1 Invoice JDC SHOE 02/14/2025 03/16/2025 340.32 225 100.04.51.11.5405 Total PROVEN POWER INC: RENEWAL BYANDERSON RBA-Feb25 1 Invoice REFUND OVERPAYMENT 02/20/2025 Total RENEWAL BYANDERSON: RINDERLE TIRE INC. 154557 1 Invoice 6 FLAT STOP SEALANT 1-PALE 02/11/2025 Total RINDERLE TIRE INC.: ROYAL RECOGNITION 25-01888 1 Invoice AWARDS CREEMONY CERTIFICAT 02/12/2025 Total ROYAL RECOGNITION: ROZMAN TRUE VALUE/PD 124085 1 Invoice RANGE REPAIR SUPPLIES 02/18/2025 Total ROZMAN TRUE VALUE/PD: SAFEWAY PEST MANAGEMENT INC. 751012 1 Invoice PEST CONTROL CH 02/18/2025 751536 1 Invoice PEST CONTROL OLD TOWN HALL 02/18/2025 Total SAFEWAY PEST MANAGEMENT INC.: SCHAUER POWER CENTER, LLC 5811 1 Invoice 2025 POLARIS ATV 02/11/2025 Total SCHAUER POWER CENTER, LLC: SECURIAN FINANCIAL GROUP INC SE22525 1 Invoice MARCH 2O25 LIFE INSURANCE PR 02/01/2025 Total SECURIAN FINANCIAL GROUP INC: SERVICE SANITATION WISCONSIN INC 9033923 1 Invoice PORTABLE TOILET BLUHM PARK( 02/06/2025 Total SERVICE SANITATION WISCONSIN INC: SHERWIN INDUSTRIES, INC. SC053472 1 Invoice FIBER MIX BULK 01/31/2025 Total SHERWIN INDUSTRIES, INC.: SHERWIN-WILLIAMS CO. 2243-5 1 Invoice PAINT 02/06/2025 2674-1 1 Invoice PAINT & LINERS 02/18/2025 6198-8 1 Invoice PAINT 02/06/2025 6542-1 1 Invoice PAINT 02/07/2025 02/25/2025 300.00 225 100.01.02.00.4254 300.00 03/10/2025 162.00 225 100.04.51.07.5735 03/14/2025 32.85 225 100.02.20.01.5722 32.85 02/18/2025 89.45 225 100.02.20.01.6023 89.45 03/18/2025 40.00 225 100.01.09.00.5415 03/20/2025 70.00 225 100.04.51.11.5820 110.00 02/11/2025 13,529.00 225 250.01.00.00.6504 03/05/2025 2,892.42 225 100.00.00.00.2207 03/06/2025 76.29 225 100.04.51.11.5820 76.29 03/01/2025 1,566.00 225 100.04.51.02.5740 1,566.00 03/05/2025 52.45 225 100.04.51.04.5744 03/20/2025 320.96 225 605.51.06.02.5702 03/20/2025 310.39 225 605.51.06.02.5702 03/20/2025 46.73 225 605.51.06.02.5702 44 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 2/13/2025-2/26/2025 Page: 11 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total SHERWIN-WILLIAMS CO.: 730.53 SITEONE LANDSCAPE SUPPLY LLC 149869811.001 1 Invoice SHOVELS 02/11/2025 03/15/2025 448.04 225 100.04.51.04.5744 Total SITEONE LANDSCAPE SUPPLY LLC: 448.04 SNAP -ON TOOLS 020525115026 1 Invoice PROLINK EDGE TRADE TRAIN 02/05/2025 03/08/2025 4,570.00 225 100.04.51.07.5405 Total SNAP -ON TOOLS: 4,570.00 SOIUL SERVICES, LLC 5 1 Invoice 2/3-2/5 WOODY BADERTSCHER 02/03/2025 03/03/2025 855.00 225 215.06.00.00.6008 Total SOIUL SERVICES, LLC: 855.00 TERRACON CONSULTANTS INC TN38930 1 Invoice FORMER PD PHASE 1 02/07/2025 03/07/2025 9,660.00 225 410.08.90.06.6518 Total TERRACON CONSULTANTS INC: 9,660.00 TOWN OF NORWAY TNDEC24 1 Invoice 4TH QUARTER 2024 SEWER CHA 02/19/2025 02/19/2025 55,135.52 1224 601.61.61.10.6068 Total TOWN OF NORWAY: 55,135.52 UNITED STATES ALLIANCE FIRE PROTECTION 1046-F146257 1 Invoice FEBRUARY INSPECTION 02/10/2025 02/10/2025 230.00 225 100.01.09.00.5415 1046-F146257/ 1 Invoice FEBRUARY INSPECTION CITY HA 02/10/2025 02/18/2025 230.00 225 100.01.09.00.5415 1046—F146258 1 Invoice 02 25 QTRLY INSP - (2) DRY SPRIN 02/10/2025 03/11/2025 325.00 225 100.05.71.00.5415 Total UNITED STATES ALLIANCE FIRE PROTECTION: 785.00 US CELLULAR 0707516604 3 Invoice MONTHLY CHARGE - SEWER SCA 02/19/2025 02/19/2025 125.50 225 601.61.63.42.5606 0707516604 5 Invoice MONTHLY CHARGE - FINANCE 02/19/2025 02/19/2025 30.00 225 100.01.03.00.5601 0707516604 7 Invoice MONTHLY CHARGE - REC 02/19/2025 02/19/2025 10.00 225 100.05.72.10.5601 0707516604 4 Invoice MONTHLY CHARGE - IS 02/19/2025 02/19/2025 23.00 225 100.01.14.00.5601 0707516604 1 Invoice MONTHLY CHARGE-PD 02/19/2025 02/19/2025 176.49 225 100.02.20.01.5604 0707516604 2 Invoice MONTHLY CHARGE - WATER SCA 02/19/2025 02/19/2025 125.50 225 605.56.09.21.5607 0707516604 6 Invoice MONTHLY CHARGE - DPW 02/19/2025 02/19/2025 62.88 225 100.04.51.01.5605 Total US CELLULAR: 553.37 USA BLUE BOOK INV00616473 1 Invoice REPLACEMENT GASKET 02/06/2025 03/08/2025 56.96 225 605.53.06.32.5702 Total USA BLUE BOOK: 56.96 VERIZON WIRELESS 6105677577 1 Invoice PD- MONTHLY CELL 02/10/2025 03/02/2025 371.17 225 100.02.20.01.5604 Total VERIZON WIRELESS: 371.17 VON BRIESEN & ROPER S.C. 484276 1 Invoice PROFESSIONAL SERVICES 02/13/2025 03/13/2025 219.00 225 100.01.05.00.5805 45 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total VON BRIESEN & ROPER S.C.: WAPA 4508 1 Invoice ANNUAL CONF RYAN 11/28/2024 Total WAPA: WAUKESHA COUNTY CLERK OF CIRCUIT COURT michaelsbond 1 Invoice BRANDON MICHAELS BOND 02/18/2025 ossanna-rehlbo 1 Invoice JORDAN OSSANNA-REHL BOND 02/18/2025 waukeshacount 1 Invoice BOND SOMONA CHANTHPHONH 02/19/2025 zillerbond 1 Invoice KATHLEEY ZILLER BOND 02/18/2025 Total WAUKESHA COUNTY CLERK OF CIRCUIT COURT: WAUKESHA COUNTY PUBLIC WORKS ASSOC 2025 MEMBER 1 Invoice 2025 MEMBER DUES 02/18/2025 Total WAUKESHA COUNTY PUBLIC WORKS ASSOC: WAUKESHA COUNTY TREASURER 01312025 4 Invoice 2024 TAX PAYMENT MSKC 221109 02/18/2025 01312025 7 Invoice 2024 TAX SPAYMENT MSKC 22240 02/18/2025 01312025 2 Invoice 2024 TAX PAYMENT MSKC2180096 02/18/2025 01312025 3 Invoice 2024 TAX PAYMENT MSKC2191164 02/18/2025 01312025 1 Invoice 2024 TAX PAYMENT MSKC2168024 02/18/2025 01312025 6 Invoice 2024 TAX PAYMENT MSKC 219718 02/18/2025 01312025 5 Invoice 2024 TAX PAYMENT MSKC 229899 02/18/2025 02/11/2025 1 Invoice MANAGED FOREST LAW 20% 02/11/2025 2025-1009002 1 Invoice 2024 HHW PARTICIPANTS 12/30/2024 2165995 1 Invoice PAYMENT FOR TAXES 2165.995 1/ 02/20/2025 2227.092 1 Invoice TAX PAYMENT 2227.092 02/17/2025 Total WAUKESHA COUNTY TREASURER: WCA GROUP HEALTH TRUST 0017497620 1 Invoice MARCH 2O25 HEALTH INSURANCE 02/17/2025 Total WCA GROUP HEALTH TRUST: WE ENERGIES 5346991504 1 Invoice RANGE ELECTRICITY (00122) 01/30/2025 5358426403 1 Invoice STREET LIGHTING (00120) 02/07/2025 5362052531 1 Invoice PARKS DEPARTMENT (00123) 02/11/2025 5363838592 1 Invoice VETERANS MEMORIAL PARK (000 02/12/2025 Total WE ENERGIES: WELDERS SUPPLY COMPANY 3160586 1 Invoice SMALL OXYGEN 01/31/2025 Total WELDERS SUPPLY COMPANY: WISC DEPT OF ADMINISTRATION 505-00000991 1 Invoice GSB - EMAIL FILTERING 02/12/2025 219.00 12/28/2024 150.00 1224 100.04.19.00.5303 150.00 02/18/2025 150.00 225 100.02.20.01.4272 02/18/2025 150.00 225 100.02.20.01.4272 02/ 19/2025 150.00 1224 100.02.20.01.4272 02/18/2025 200.00 225 100.02.20.01.4272 650.00 03/05/2025 80.00 225 100.04.19.00.5305 80.00 02/18/2025 927.37 225 501.00.00.00.2120 02/18/2025 2,926.38 225 501.00.00.00.2120 02/18/2025 2,901.01 225 501.00.00.00.2120 02/18/2025 5,087.53 225 501.00.00.00.2120 02/18/2025 1,992.88 225 501.00.00.00.2120 02/18/2025 2,283.91 225 501.00.00.00.2120 02/18/2025 1,539.95 225 501.00.00.00.2120 02/11/2025 239.81 1224 100.01.06.00.4542 02/28/2025 701.88 225 205.03.00.00.5820 02/20/2025 1,350.00 225 001.00.00.00.1005 02/17/2025 2,250.85 225 001.00.00.00.1005 22,201.57 03/01/2025 208,675.82 225 100.00.00.00.2206 208,675.82 02/21/2025 47.83 225 100.02.20.01.6023 03/03/2025 6,546.71 225 100.04.51.06.5910 03/05/2025 981.40 225 100.04.51.11.5910 03/06/2025 115.78 225 100.04.51.11.5910 7,691.72 03/01/2025 8.06 225 100.04.51.07.5405 8.06 03/14/2025 70.50 225 100.01.14.00.5507 46 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 13 Report dates: 2/13/2025-2/26/2025 Feb 21, 2025 02:58PM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total WISC DEPT OF ADMINISTRATION: WISC DEPT OF FINANCIAL INSTITUTIONS CMCRENEWA 1 Invoice NOTARY APPL FILING FEE-CHRIS 02/12/2025 02/12/2025 Total WISC DEPT OF FINANCIAL INSTITUTIONS: WISC DEPT OF NATURAL RESOURCES/ DNR AR2024551335 1 Invoice NON METALLIC MINING REPORT 02/17/2025 02/17/2025 Total WISC DEPT OF NATURAL RESOURCES/ DNR: WISCONSIN RURAL WATER ASSOC 4975 1 Invoice CONSOLIDATED SAFETY ANNUAL 02/07/2025 03/06/2025 Total WISCONSIN RURAL WATER ASSOC: Grand Totals: Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = J-) "1099 adjustment" 70.50 20.00 225 100.01.03.00.5704 20.00 160.00 225 100.06.18.01.5704 526.23 225 605.56.09.21.5305 526.23 1,078,608.24 47 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #009-2025 AWARD OF BID FOR 2025-2026 PARKS, BOULEVARDS, TERRACES AND FACILITY LANDSCAPING SERVICES WHEREAS, the City sent out an RFP to eight contractors for the Parks, Boulevards, Terraces and Facility Landscaping Services two-year contract; that even though there was interest by several companies, only one contractor submitted a bid as noted below: Contractor No Bid 2025 Bid 2026 Bid TOTAL ASI Achtenhagen X Sebert Landscaping $181,500.00 $146,000.00 $327,500.00 Goodland X Blaze Landscaping X Legacy Landscaping X Terra Firma Landscaping X Muskego Lawn Care X Timberwolf Lawn Maintenance X ; and WHEREAS, the bid as received is $37,500.00 less than the previous two-year contract ($365,000.00) which was due to a revision of the overall scope of services and the City of Muskego Department of Public Works taking over more grass cutting duties in the parks; and WHEREAS, through negotiations with Sebert Landscaping and in an effort to achieve more cost saving measures; the final bid for the contract was reduced to the following: Contractor Qualification Statement 2025 Bid 2026 Bid TOTAL Sebert Landscaping X $180,500.00 $145,000.00 $325,500.00 ; and WHEREAS, the final bid received is $39,500.00 less than the previous two-year contract; that Sebert Landscaping is qualified to do this work and has performed these landscaping duties for the City of Muskego in our previous contract term; and WHEREAS, based on the above, the Director of Public Works and Development recommends Sebert Landscaping for this landscaping service contract for the 2025- 2026 seasons; and WHEREAS, the Finance Committee has reviewed the findings of the Director of Public Works and Development along with the bid of Sebert Landscaping and concurs with the recommendation. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the 48 Resolution #009-2025 Page 12 finalized total bid submitted by Sebert Landscaping in the amount of $325,500.00 for the 2025-2026 Parks, Boulevards, Terraces and Facility Landscaping Services Contract. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the Contract in the name of the City and the City Attorney is authorized to make substantive changes to the Contract as may be necessary in order to preserve the general intent thereof. BE IT FURTHER RESOLVED that the Mayor is authorized to sign such substantive changes made by the City Attorney. DATED THIS 25th DAY OF FEBRUARY, 2025. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #009-2025 which was adopted by the Common Council of the City of Muskego. City Clerk 2/25cmc 49 �„�iSKEGO Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From: Scott Kroeger Department: Public Works & Development Subject: Award of 2025-2026 Parks, Boulevards, Terraces, and Facility Landscaping Contract Date: February 25, 2025 Background Information: This is a 2-year service contract. The RFP was sent to 8 bidders. Even though there was interest by several companies, there was only 1 bidder for the project. The following is the bid received. 2025-2026 Bids for Landscaping Contract Qualification Contractor Bid Statement Bid 2025 Bid 2026 TOTALS Did not ASI Achtenhagen X X X X bid Sebert Landscaping Yes Yes $181,500.00 $146,000.00 $327,500.00 Did not Goodland X X X X bid Did not Blaze Landscaping X X X X bid Did not Legacy Landscaping X X X X bid Did not Terra Firm Landscaping X X X X bid Did not Muskego Lawn Care X X X X bid Timberwolf Lawn Did not Maintenance bid X X X X The bid received is $37,500 less than the previous contract ($365,000). This was made through a revision of scope of services and the City of Muskego — DPW taking over more grass cutting duties in the park. During the 2024 budget process, city staff listened Common Council members on ways to cut down contracted services. 50 The City of Muskego staff sat down with Sebert Landscaping on February 2/17/25 to discuss any other cost saving measures. The final bid for the contract is the following. 2025-2026 Bids for landscaping Contract Contractor Bid Qualification Statement Bid 2025 Bid 2026 TOTALS Sebert Landscaping Yes Yes $180,500.00 $145,000.00 $325,500.00 The final bid received is $39,500 less than the previous contract ($365,000). Sebert Landscaping is more than qualified to do this work and has performed these duties for the City of Muskego in our last contract. City of Muskego staff recommends Sebert Landscaping for this service contract for 2025-2026. Key Issues for Consideration: Attachments 1. Final Contract Revised 2-17-25 2. Final bid by Sebert Landscaping Recommendation for Action by Committee and/or Council: Award the 2025-2026 Parks, Boulevards, Terraces, and Facility Landscaping to Sebert Landscaping Date of Committee Action: February 25, 2025 Planned Date of Council Action (if required): February 25, 2025 Total $ Needed: $325,500 Fiscal Note(s): Remember this amount is for a two (2) year contract $ Budgeted: $325,500 — 2 year contract Expenditure Account(s) to Be Used: #100.04.51.11.5820 Parks Contracted Services # 100.01.06.00.5820, #100.04.51.11.5415 Maintenance of Pavilions & Grounds, City Road Landscape Management, #100.01.09.00.5415 City Hall Maintenance, #100.02.20.01.5415 PD Building Maintenance, #100.05.71.00.5415 Library Maintenance (3/2019) 51 N Cry of ��.USKEGO 2025-2026 Parks, Boulevards, Terraces, Facility Landscaping Revised 2-17-25 M Table of Contents SECTION 1: ADVERTISEMENT FOR BIDS...............................................................................................3 SECTION 2: EXHIBIT "A" SCOPE OF SERVICES.................................................................................................4 A. SERVICE 1: LAWN MOWING AND WEED ERADICATION SERVICES SCOPE OF WORK ............ 4 B. SERVICE 2: MEDIANS AND BOULEVARDS SERVICES SCOPE OF WORK.................................6 SECTION3: BID FORM......................................................................................................................12 SECTION 4: EXHIBIT "B" TERMS AND CONDITIONS: .................................................12 ......................... SECTION 5: AGREEMENT FOR WORK................................................................................................15 SECTION 6: APPENDICES - ATTACHED MAPS.....................................................................................17 K Iq SECTION 1: ADVERTISEMENT FOR BIDS City of Muskego Parks, Boulevards, Terraces, Facility Landscaping City of Muskego Waukesha County, Wisconsin Sealed bids will be received by the City of Muskego Office of the City Clerk at W182 S8200 Racine Avenue, Muskego WI 53150-0749 no later than 3:00 P.M. local time on Friday, February 7, 2025. Bids will be publicly read aloud at the above time and place. The City of Muskego will accept electronic bids. Lawn Mowing and Weed Eradication: Lawn mowing will involve 5 parks with multiple sections at certain parks throughout the City of Muskego. Weed Eradication will involve 4 parks with multiple sections at various parks within the City of Muskego. Medians and Boulevards: Multiple City of Muskego roadway boulevards and terraces, sign areas, and City of Muskego Public Facilities will require lawn mowing and trimming, weed eradication, and grounds maintenance to include, but not limited to; mulching beds, edging, watering, replanting vegetation, throughout the City of Muskego. City of Muskego reserves the right to accept the most advantageous bid, or to reject any and all bids. Award of Work described herein is subject to the provisions of the Wisconsin Statutes. For all questions, please contact Director of Public Works, Scott Kroeger, P.E. at (262) 679-5686. CITY OF MUSKEGO Scott Kroeger, P.E., PLS, ENV SP, MBA, City of Muskego Public Works and Development Director 3 SECTION 2: EXHIBIT "A" SCOPE OF SERVICES A. SERVICE 1: LAWN MOWING AND WEED ERADICATION SERVICES SCOPE OF WORK I. PROJECTSCHEDULE LAWN MOWING AND WEED ERADICATION SERVICES shall commence at the beginning of the active growing season and terminate at the end of the growing season, as weather permits. All parks included in these services for weed eradication shall be closed April 21-23, 2023 and April 19-21, 2024 for spraying. Services shall be performed in 2023 and 2024. II. PARKS LAWN MOWING AND WEED ERADICATION SERVICES to include the following areas: Lawn Mowing: SITE 1: Bluhm Farm Park S77 W13607 McShane Drive Muskego, Wisconsin 53150 SITE 4: D14a„ehpgter Hill P;;rk Muskeg,, Wisconsin 53�cn SITE 2: SITE 5: Denoon Park Schmidt Park W216 510798 Crowbar Road S67 W13660 Fleetwood Drive Muskego, Wisconsin 53150 Muskego, Wisconsin 53150 SITE 3: SITE 6: Kurth Park Freedom Square S70 W14415 Belmont Drive W168 57392 Parkland Drive Muskego, Wisconsin 53150 Muskego, Wisconsin 53150 Weed Eradication: SITE 1: Bluhm Farm Park S77 W13607 McShane Drive Muskego, Wisconsin 53150 SITE 2: Denoon Park W216 510798 Crowbar Road Muskego, Wisconsin 53150 SITE 3: Kurth Park S70 W14415 Belmont Drive Muskego, Wisconsin 53150 SITE 4: AAv"sheste.r sill Park In1167 97650 P- klan.l Preye neuskege Wi SG A 53150 SITE 5: Horn Field S79 W18200 Horn Park Drive Muskego, Wisconsin 53150 0 W u7 III. Services to include the following duties: The areas noted above and per the LAWN MOWING AND WEED ERADICATION MOWING SERVICES maps herein are to be maintained under the following specifications below. Mowing Mowing is to include all riding, pushing, and string trimming requirements each site demands. The athletic field turf areas, in each park, are not to exceed 2" in length with the balance of the park lawn to be cut on a weekly schedule during the growing season. *The use of any pesticides and/or plant growth regulators must be approved by the Public Works Director/Engineering and performed, if approved, by a certified pesticide applicator. Damage caused by equipment operators to turf, tree bark, plants, and park equipment (fences, signs, benches, bleachers, etc.) will be corrected by the Contractor at no cost to the City. In the event they are not repaired to the satisfaction of the City, the City may take the necessary steps to have them repaired and deduct costs of repair from the Contractor's invoice due. All litter on the grounds is to be picked up so as not to be cut by a mowing unit. A usage schedule will be provided indicating the time periods during the day when the parks are reserved for organized athletic activities or by picnic groups/activities. Mowing should not conflict with park users and early morning starting times shall not disturb neighbors. Excessive clippings are to be collected and removed from the job site at the end of each visit. Clippings are not be left overnight for removal the following day. If needed, the Public Works Director will do walk through with Contractor who is awarded 2025-2026 service. Contractor shall not close off, restrict, block, obscure any traffic lanes or recreational paths, unless otherwise approved by the City of Muskego with proper traffic control meeting MUTCD standards. Contractor shall coordinate all approved closures with all emergency services. Weed Eradication 1. Contractor shall be a certified and licensed commercial pesticide applicator with the Wisconsin Department of Agriculture, Trade and Consumer Protection, having a minimum Category 3 (Ornamentals and Turf) designation. 2. All sites are to be sprayed for broadleaf weeds once in the spring, preferable when weeds are in a pre -emergent stage and once in the fall (mid -October). 3. The site shall be posted with standard -sized or greater placards at least 48 hours prior to application of herbicide. Placement of placards shall be a distance not to exceed 25' apart using the standard size. Placards will remain in place for 48 hours after application. 4. Contractor shall keep watch for spot weed outbreaks and spray as necessary during the year so as to keep the boulevard and terrace lawn areas always free from weed growth. (CONTRACTOR MUST KEEP UP WITH THIS ITEM) 5. At the time of application, wind velocities shall not exceed 5 m.p.h. to prevent 5 ti L0 volatilization and over spray. 6. Adequate coordination is to be had with the Public Works Director/Engineering and Recreation Manager to avoid conflicts with scheduled recreational activities at these sites. Spring work is to be performed by Memorial Day weekend and fall work is to be performed in the month of October. 7. The herbicide selected shall be used strictly as labeling instructions indicate with special precautions taken in regard to rainfall. Runoff is to be prevented and the maximum effectiveness of the chemical is to be achieved. Use of a wetting agent is to be approved by the Public Works Director. 8. Contractor shall be careful using broadleaf agent next to landscape beds that have broadleaf landscape shrubs. Any damage to landscaping from broadleaf agent shall be replace/remedied by Contractor immediately. 9. A copy of the herbicide label, M.S.D.S., rate of application and date of application are to be provided to the Public Works Director/Engineering. IV. Please see Section 4 for Terms and Conditions. V. Please see Section 6 Appendices Attached Maps for LAWN MOWING AND WEED ERADICATION MOWING SERVICES maps for approximate locations. B. SERVICE 2: MEDIANS AND BOULEVARDS SERVICES SCOPE OF WORK PROJECT SCHEDULE MEDIANS AND BOULEVARDS SERVICES shall commence at the beginning of the active growing season and terminate at the end of the growing season, as weather permits. Services shall be performed in 2025 and 2026. H. MEDIANS AND BOULEVARDS SERVICES to include the following areas: 1. Moorland Road Boulevards: a. Includes grounds maintenance, mowing, and weed eradication, per the duties listed in Section III below, on all boulevards along Moorland Road from College Avenue to Woods Road. b. This area includes approximately 81,000 square feet of turf area, 3,350 square feet of planting bed areas, and approximately +-53 trees along boulevard. No terrace areas required. c. See Maps attached for specific areas. 2. Janesville Road Boulevards & Terraces: a. Includes grounds maintenance, mowing, and weed eradication, per the duties listed in Section III below, on all boulevards and terraces (areas between the sidewalk and curb) along Janesville Road from Racine Avenue to College Avenue. 11 b. Specs of Lannon -College: Boulevard areas include approximately 100,000 square feet of turf area. Terrace areas include approximately 134,000 square feet of turf area, however please see Note #1 below as this area is limited in need. All areas include approximately 31,000 square feet of planting beds and approximately +-313 trees. A few planting boxes and trash receptacles are to be taken care of as well and discussed in more detail in the duties section below. c. Specs of Racine -Lannon: Boulevard areas include approximately 33,500 square feet of turf area. Terrace areas include approximately 94,000 square feet ofturf area, however please see Note #1 below as this area is limited in need. All areas include approximately 21,500 square feet of planting beds and approximately +-239 trees. A few planting boxes and trash receptacles are to be taken care of as well and discussed in more detail in the duties section below d. See Maps attached for specific areas and of landscaping and plant/tree type drawings originally installed along Janesville Road. 3. Lannon Drive Median: a. Includes grounds maintenance, mowing, and weed eradication, per the duties listed in Section III below, on the medians along Lannon Drive from Janesville Road to Briargate Lane. b. This area includes approximately 13,202 square feet of turf area. c. See Maps attached for specific areas. NOTE #1: As in most roadways, most neighboring properties have chosen to mow the turf areas up to the curb of the road. This contract still includes the full maintaining of the planting areas and trees in the terraces (between the curb and sidewalk) as well as weed eradication for the entire terraces. However, mowing in the terraces will most likely be on a case by case (property by property) basis. A Contractor can assume that 75% of neighbors will mow the terrace areas along the roadway. In all again, a Contractor will be responsible to ensure that the terrace areas of this entire roadway along with the first three feet on the outside of the sidewalk are maintained and mowed per the specs below. (CONTRACTOR MUST PERFORM THIS WORK) 4. Muskego Gateway Sign Areas: a. Includes grounds maintenance, mowing, and weed eradication, per the duties listed in Section III below, on the Racine Avenue North gateway sign located around the intersection of College and just the grounds maintenance, per the duties listed in Section III below, on the Janesville Road West gateway sign located towards the City's border with Big Bend. b. Racine Avenue North Gateway Sign Area: This maintenance area includes approximately 8,000 square feet of turf area, 200 square feet of planting bed area, and approximately 6+- trees along the two boulevard sections. c. Janesville Road West Gateway Sign Area: This maintenance area just includes approximately 100 square feet of planting bed area. d. See Maps attached for specific areas. 7 rn u7 5. Muskego Business Park sign areas (4 locations on Racine Ave and Janesville Rd) a. Includes grounds maintenance, per the duties listed in Section III below, on the four (4) Muskego Business Park sign areas located on the Saturn/Racine, Gemini/Racine, Apollo/Racine, & Mercury/Janesville intersections. b. These maintenance areas just include approximately 80 square feet of planting bed area each (-320 SF total). c. See Maps attached for specific areas. 6. Muskego Public Buildings Ground Maintenance areas a. City Hall/Police Department- Includes grounds maintenance, and mowing, per the duties listed in Section III below. Mowing and trimming shall be completed weekly in all lawn areas outside of parking lots to sidewalk edge and to Racine Avenue. Weeding shall include all landscape beds on City Hall and Police Department grounds. Weeding to include the inside courtyard between City Hall and Police. (CONTRACTOR MUST PERFORM THIS WORK) See Maps attached for specific areas. (No weed eradication in turf areas) b. Library- Library Grounds (i.e. signage areas, outside seating areas, amphitheater, flower beds, rear drive entrance (including planters above retaining wall), parking islands, all 4 sides of the building, etc.). (No weed eradication in turf areas) 7. Historic Muskego Centre Park a. Includes grounds maintenance, mowing, and weed eradication, per the duties listed in Section III below. Mowing, trimming, and weed eradication for approximately 10,000 square feet of lawn area. See Maps attached for specific areas. 8. Little Muskego Lake Dam Access area a. Included grounds maintenance, mowing, and weed eradication, per the duties listed in Section III below. Mowing, trimming and weed eradication for approximately 13,295 square feet of lawn area. See Maps attached for specific areas. ,. EIZ III. Services to include the following duties: The areas noted above and per the MEDIANS AND BOULEVARDS SERVICES maps herein are to be maintained under the following specifications below. 1. Spring/Fall Cleanup Areas listed in Section I should include a spring and fall season cleanup including, but not limited to, blowing out landscape planting areas, removing overgrowth or previous season 8 0 co growth plantings, garbage pickup, submittal of a list of dead and/or missing plants for replacement (include costs of replacement), and re -edging where needed. (CONTRACTOR MUST DO RE -EDGING WORK) All perennials to be cut in the Fall. 2. Grounds Maintenance Grounds maintenance areas are classified as areas where plantings or trees exist (i.e. mulched landscape beds, tree mulch rings, etc.). a. Keep these designated areas free from weeds and undesired foliage by removal, spraying, etc., and not by use of a string -trimmer. Weed pulling should be done weekly in line with mowing and trimming. (CONTRACTOR MUST PERFORM THIS WORK) Note 1: Keep weeds from growing in the cracks and joints of the entire sidewalk area of all 3 Public buildings. b. Keep these areas free from any turf that creeps over edging of areas. c. Trim (spring and fall) and water (when necessary) the plantings in these areas and around the buildings and in the planters as necessary (with periodic monthly trimming, as needed). Note 1: The Janesville Road area between Cannon Road Drive and Parkland Drive have a watering system in place that will be maintained and used by the Contractor as they see necessary for the plantings in those areas. All other planting areas will require self -watering when applicable. d-. Bed Edgingi �.Vhe.re beedd areas weet WFf areas, r.E)RtFaGtE)F shall establish and FnaiRtaiR a defined shoveled bed orine (f llNTQ A!Tl1Q MUST QCQ1 Q1_1 THIS WORK) e. Eradicate pests (Japanese beetles, ants, etc.) in these designated work areas that cause damage to perennial and shrub plantings. Contact Community Development Director or City Forester regarding any pest damage to trees as this care will require approval and possible additional payment from city. f. Plant new plantings or trees that have failed throughout the year. Receive prior approval from Public Works Director before any replacements are made as this will require additional payment from city. Contractor should be cognizant from week to week of possible failing or dead trees/shrubs and be reactive to ensuring that quick replacement is made. Transplanting and/or dividing existing plantings can be accomplished. g. Pick up trash and litter (including cigarette butts) on grounds within these designated work areas. An early spring and late fall clean-up date will be required. h. Mulch depth should be maintained at approximately 2 (two) inches in depth. (MUST BE 2 INCHES) For uniform color top dress mulch around any existing mulched area including tree rings and planter beds along routes. If there are more than 4 inches of existing mulch, some existing mulch should be removed to accommodate this addition. Mulch should be pulled back from tree trunks such that no more than one inch is in contact with tree trunks. Hardwood chips, re -cycled pallet wood shreds, chipper waste will not be accepted. If certain areas require redressing during the course of a year, vendor shall first receive prior approval from Public Works Director as this will require additional payment 1041 T_ co from city. (Mulch in 2025 only) i. Add 2" of shredded hardwood mulch to top dress at the City Hall and Library by mid -July. (CONTRACTOR MUST PERFORMED THIS WORK) (Mulch in 2025 only) k. Coordinate with the City of Muskego and all emergency responders if traffic control is required for maintenance, mowing, or weed eradication. 3. Mowing Mowing is to include all riding, pushing, and string trimming requirements each site demands. Coordinate with the City of Muskego and all emergency responders if traffic control is required for maintenance, mowing, or weed eradication. The turf areas are not to exceed 4 inches in length and should be no less than 2 inches. Turf shall be cut on a weekly schedule during the growing season. *The use of any pesticides and/or plant growth regulators must be approved by the Public Works Director and performed, if approved, by a certified pesticide applicator. Damage caused by equipment operators to turf, tree bark, plants, and city streetscape items (signs, benches, landscape planters, etc.) must be corrected by the Contractor at no cost to the city. In the event they are not repaired to the satisfaction of the City, the City may take the necessary steps to have them repaired and deduct the costs of repair from Contractor's invoice due. All litter on the grounds is to be picked up so as not to be cut by a mowing unit. Mowing should not conflict with early morning starting times so as not to disturb neighbors. Excessive clippings are to be collected and removed from the job site at the end of each visit. Clippings are not to be left overnight for removal the following day. Riding mowers shall not traverse over any mulch areas including tree rings and landscape beds. No grass clippings or debris are to be left in the roadway, gutter, or curb/storm inlet from mowing or trimming operations. Contractor shall not close off, restrict, block, obscure any traffic lanes or recreational paths, unless otherwise approved by the City of Muskego with proper traffic control meeting MUTCD standards. Contractor shall coordinate all approved closures with all emergency services. a. Weed Eradication 1. Contractor shall be a certified and licensed commercial pesticide applicator with the Wisconsin Department of Agriculture, Trade and Consumer Protection, having a minimum Category 3 (Ornamentals and Turf) designation. 2. All sites are to be sprayed for broadleaf weeds once in the spring, preferable when weeds are in a pre -emergent stage and once in the fall (mid -October). 3. The site shall be posted with standard -sized or greater placards at least 48 hours prior to application of herbicide. Placement of placards shall be a distance not to exceed 25' apart using the standard size. Placards will remain in place for 48 hours after 10 N t0 application. 4. Contractor shall keep watch for spot weed outbreaks and spray as necessary during the year so as to keep the boulevard and terrace lawn areas always free from weed growth. 5. At the time of application, wind velocities shall not exceed 5 m.p.h. to prevent volatilization and over spray. 6. Adequate coordination is to be had with the Public Works Director/Engineering and Recreation Manager to avoid conflicts with scheduled recreational activities at these sites. Spring work is to be performed by Memorial Day weekend and fall work is to be performed in the month of October. 7. The herbicide selected shall be used strictly as labeling instructions indicate with special precautions taken in regard to rainfall. Runoff is to be prevented and the maximum effectiveness of the chemical is to be achieved. Use of a wetting agent is to be approved by the Public Works Director. 8. Contractor shall be careful using broadleaf agent next to landscape beds that have broadleaf landscape shrubs. Any damage to landscaping from broadleaf agent shall be replace/remedied by Contractor immediately. 9. A copy of the herbicide label, M.S.D.S., rate of application and date of application are to be provided to the Public Works Director/Engineering. IV. Please see Section 4 for Terms and Conditions. V. Please see Section 6 Appendices —Attached Maps for MEDIANS AND BOULEVARDS SERVICES maps for approximate locations. 11 SECTION 3: BID FORM A. Lawn Mowing and Weed Eradication: ITEM Base Bid 2024 Base Bid 2025 SERVICE 1: LAWN MOWING AND WEED ERADICATION (LUMP SUM) B. Medians and Boulevards: ITEM Base Bid 2024 Base Bid 2025 SERVICE 2: MEDIANS AND BOULEVARDS (LUMP SUM) TOTAL LUMP SUM FEE OF ALL BASE BID PRICES- A-B ($ ) (Figures) "The Owner reserves the right to award the project to the lowest responsive bidder based on BASE BID plus any selected Alternate Bid that is in the best interest of the Owner." SECTION 4: EXHIBIT "B" TERMS AND CONDITIONS: 1. Monthly payments shall be made by the city upon receipt of an invoice. Invoices must be submitted in the year that work is performed or payment for that work may be voided by owner. 2. Contact person for LAWN MOWING AND WEED ERADICATION SERVICES, MEDIANS AND BOULEVARDS SERVICES will be the Public Works Director at (262) 679-5686 or skroeger@muskego.wi.gov 3. Contractor must have Certified Pesticide Applicator's License. 4. Contractor is at all times working as an Independent Contractor for the City, as opposed to an employee, and as such is not entitled to any protections or benefits offered by the City to its employees, under any circumstances whatsoever. 5. City of Muskego reserves the right to require a maintenance log from the Contractor for all services completed for this project or a detailed report of all services if Contractor continues not to perform to City standards. 12 Iq co 6. INSURANCE AND INDEMNIFICATION In order to protect against potential liability arising out of the activities performed hereunder, Contractor shall obtain and maintain, in full force and effect, comprehensive general liability insurance with minimum limits of $1,000,000 per occurrence and $1,000,000 aggregate. Said insurance may not be cancelled, reduced or changed in any way without at least thirty (30) day written notice to the City. Failure to provide proper notice, in and of itself, shall be grounds for termination of this agreement. Contractor shall obtain Certificates of Insurance as well as Endorsements to its insurance policies as follows: - 30 day notice of cancellation. - Contractor's primary insurance. - Waiver of rights of recovery against others to us. - Naming the City as an additional insured. Contractor hereby agrees to indemnify, defend and hold harmless the City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers. Contractor shall reimburse the City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that Contractor employees other persons, firms, corporations or entities (sub - Contractor) as part of the work covered by this agreement, it shall be Contractor's responsibility to require and confirm that each sub -Contractor enters into an Indemnity Agreement in favor of the City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. 13 co Nothing contained within this agreement is intended to be a waiver or estoppel of the City or its insurer to rely upon the limitations, defenses, exemptions from liability and immunities contained with Wisconsin Statutes sections 893.80, 345.05, Chapter 292 or any other statutory provision. To the extent that indemnification is available and enforceable, the City or its insurer shall not be liable in indemnity, contribution, or otherwise for an amount greater than the limits of liability for municipal claims established by Wisconsin law. 7. CONSEQUENCES FOR NOT COMPLYING WITH THE SCOPE OF THE WORK a. A substantiated case of non-compliance will be addressed to the contact person representing the Contractor by a representative of the City of Muskego. b. A Contractor's response deemed adequate by the City's representative, in its sole discretion, will be accepted and maintained in a file should a future situation develop. c. A Contractor's response deemed inadequate by the City's representative, in its own discretion, will result in immediate termination of the contractual service. In the event of termination, Contractor will only be paid for work that was completed through the date of termination. 14 SECTION 5: AGREEMENT FOR WORK THIS AGREEMENT by and between the City of Muskego (hereinafter called Owner) and " (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK Contractor shall complete all Work as specified or indicated in the Scope of Work and Terms and Conditions attached hereto and made a part of this Agreement as Exhibits "A" and "B" respectively. ARTICLE 2. CONTRACT PRICE Owner shall pay Contractor for Completion of the work under a 2 year contract defined herein and in Exhibits "A" and "B" at the total project cost of " ARTICLE 3. CONTRACT TIMEFRAME This contract is for a two-year period covering the years 2025 and 2026. ARTICLE 4. CONTRACT PERFORMANCE The Work shall be completed in the manner specified in the Scope of Work and Terms and Conditions attached hereto and marked as Exhibits "A" and "B", respectively. ARTICLE 5. PAYMENTS Contractor shall submit applications for payment for process by the Public Works Director and the Owner shall make payment in accordance with the manner described in Exhibit "B". Contractor shall submit separate invoices, one for each service. Due to the seasonal nature of the work, invoices must be submitted in the year that work is performed or payment for that work may be voided by owner. ARTICLE 6. MISCELLANEOUS The Covenants and Agreements contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, except as otherwise provided herein. 15 ti co IN WITNESS WHEREOF, Contractor and Owner have signed this Agreement on the day and year first above -written. (Contractor) By: (Signature) (Title) (Print or Type Name) Date: CITY OF MUSKEGO Richard Petfalski Jr., Mayor Keri Roller, Clerk Date: 16 00 co SECTION 6: APPENDICES - ATTACHED MAPS A. SERVICE 1: MOWING AND WEED ERADICTION SERVICES MAPS B. SERVICE 2: MEDIANS AND BOULEVARDS SERVICES MAPS 17 rn co A. SERVICE 1: MOWING AND WEED ERADICATION SERVICES MAPS ti &cqw Denoon Park MUSKEGO W216S10798 Crowbar Dr Legend K Mowing Acres( - 17.1 Acres) EK Weed Eradication (- 19.7 Acres) 0 250 500 1,000 Feet N W+E s Created: 113112023 ue Ccry of MUSKEGO ul, ( �BELMONTIDR i i w R i HIDDEN CREEK CT Air `► �w Legend KMowing Acres (- 11.7 Acres) Weed Eradication (- 11.7 Acres ) 0 175 350 700 Feet N f` Kurth Park S70W14415 Belmont Dr N W + E s Created: 113112023 M ti Wcg0 _ _ Schmidt Park MUSKEGO S67W13660 Fleetwood Dr Legend KMowing Acres (- 4.6 Acres) Weed Eradication (- 0 Acres ) 0 75 150 300 Feet Created: 113112023 ti wcgw Freedom Square MUSKEGO W168S7392 Parkland Dr Legend KMowing Acres (- 0.2 Acres) 94 Weed Eradication (- 0 Acres ) 0 25 50 100 Feet N W me E s Created. 113712023 B. SERVICE 2: MEDIANS AND BOULEVARDS SERVICES MAPS wcgw Moorland Rd (HWY O) MVSKEGO College to Moorland Legend KMowing Acres (- 1.81 Acres) Weed Eradication (- 1.81 Acres ) 0 395 790 1,580 Feet Created. 113112023 - ffo,CqW Moorland Rd (Woods) MUSKEG _ North of Woods Rd. Legend K Mowing Acres ( -- 0.1 Acres) " Weed Eradication (- 0 Acres ) 0 260 520 1,040 Feet N w + E s Created: 113112023 w ti N o - LESS INTENSIVE MOWING ® .w u s PUN .'.IS - cuae Rs• 'OR axe R.UP .m E.E—I ATOADIWA 2 / •Rol xl SEE ••LNILDIT FLLx5•RDA •ODITIOULL ST—C NFaRI:.TRx 2 i] G TRIMMING & WEED ERADICATION SI SEE 4LLx DEi.L5 - WGOD5 RD.m FDA •DOTroxn I.—I•TON o ® --�- P(L WOODS RD WB i-- / / OUR, - /•i "� R/L WOODS RDCIO u e sr• u .s5 s �r53+N - R.S. ccw ® CURB IO GUTTER - \ - —TR.xsnlDx � cGo GGoI i -4LES -Etta-._-- IT aw- i ..�•il.: - -' �- �" cGO. .w-. / O 536.N • rEexTY.O •SPNLLT PAIN TO RkR:•x / R/L NOORL•ND RD SB 251 Mpo -."�" - / - C. cmr. 151:51. 6 56.50 sr• L.11.53 L35J — ___ v0 SE Z55 O ass zr • -1.1 O MOORLAND RD uo � us.ns T. l5 ..935 © O.'s -LSo R/L NOML•NO RD c ® O -® CWN •rx lull. TR.xLTNN 'Tc c - cu c4o STL ISI.O— 0 00 ST• 5 .U." ss'u R/L AODOS,RD WB -r,55 R:5' Sr• 5 •5 .e5 ,01 . R/L WOODS RD - Moorland Road Construction Plans o from Woods Road to Janesville Road PROJECT NO: 2T21-00-71 HWY: MOORLAND RD COUNTY: WAUKESHA PLAN DETAILS - MOORLAND ROAD SHEET 19 E itE xuc . s.Nxuw-Wv�xxpoubv.ISpt.s_uusLartlWW.pPow.xlvwwr.TOxl]o3J9.av: PLor IT . T.x I PLOT er : WreLm FLor rulE . vwl at4E : L:w NS�EE -H BET•LS - 1. CURB RA- AR. SpER4L RiO A.. R/L CAWLEWOW LN StA SS.oe.W �_ 2 TER 3, SEE R.—S . TTQNAL STaRNG KMN.TON U.IS ST J -�•E ROLL�Ia rtC-TA IM LESS INTENSIVE MOWING s1E cNNsrRucTwx oeuLs ST . YLPI.Os •B 11 RTI NOORI.uU sr. ss.YSE, • L Rn uroLE•oao TRIMMING & WEED ERADICATION BEGINT CONSTRUCTION i c Ta YI.Ei.Os CURB — —TER i—ir TO ROLL P.CE SEE CONSTRUE70H DETALE CUPS •ro LATTER TRv 'TUx tC RU f:O DEIALS .. D—C .SR4T' PATH TC P.. fl/L YOOflLANp Rp SB— p-MM, bill �t _y PROJECT NO: 2723-00-71 HWY: MOORLAND RD COUNTY: WAUKESHA PLAN DETAILS - MOORLAND ROAD aA Nut : s:..ea�c v,a.wve,nss.z•s_Imr•R.oto..AmToutrLw....wzssmso.a� nor o TE : —11 nor er :..m.. —T wra . .Lar tune Aw umrfl R 'RA —CH SEE AR CONSpRYTN! M-1 SHEET 40 ©■ LESS IVE WING �2I = TR MM NG &SWEED OERADICATION ME& P SFE -1. OETLLE - DIME .— FOR CUR RUM .xO sUER.LL —.l.0 116EE •ukMYENT PL.xs• 1..O..- sTU.Y 11—Al— _ STA W.Sa9.9x.0 fl.. N....... P. EM)E191G .EVNUi v.lx TO PfuYx--�TO IT. 06.00 5. I6 F Ex..y l.o x 169 . ET.161�19.00e- -u.so .-I �1 ST. 161.3L00 _Tn Wf.gn.00 vvY MOp!llp �.vOl: 26, 1 Q P•595' Ci.RI 266 - 265 I6 Cu0 j Id - 'Ii�N).19.00 O T. i. IEE.n9.6x T. N.3.9i.R • Er. 6E.6 . ' 16.50 ET. 161.16.10 - ..I. r. Ms•sE.9O PROJECT NO: 2T23-00-T1 HWY: MOORLAND R0 COUNTY: WAUKESHA PLAN DETAILS -MOORLAND ROAD xE x. E nor o.)E : ).zs. 1 PLm Pr . vvolda PLOT x.Nl SHEET 41 U �m EDIT- ASRRALT 1. TO RLIAw 2 ' BEGIN CONSTRUCTION STA 69•N.9i LGRTER TRANSrtgN TO R5p pLL FACE [E CDNIT..— .'.I ITA 69•b.34 n.DD n, 49.OSX -iLf9 P/L AgdllAlA RD AIT,Al BOOBOO ]v • e. �• r. JE F ETNC ASPIN T TM TO P.A. � C ' IT, C m.n _ '° CPO3) ' UXE RW OEi AI] •CUT PUPS•FpP Clfa PAIm ANp SR141 1OR111RN ' iI SFE '4rrPFh1 RANI•FIR ApUINNAL ITKAc Rs'pPWTpNr .] G r _ LESS INTENSIVE MOWING ' R/L TTE 5A10s WDR ANB (UTTER TRANSRId MiLi TRIMMING &WEED ERADICATION .<wR IRD TO ROLL FACE %E'L TPIKTYI BET— P 3 I su i9•n9i. n. cc0 s A D•61 -1 . e n 4aDRL.xD RDA 3 • 6f •Zi.92�•EI.BO P 1�/r.•Ry - .. „% [� PDT T. O )UoD \ \ " le9 J90 MOORLAND RD Jqi 39 J9S c. i90 Q 9A 9I C-010 L •e9.9 n.D uATCN EAnTWD - ®cl.S1A 9 O.Ob Else a U11TE1 � • 99 R+eX.Y _ O C.BO ITA I.J9 I.I �fA NLHf.91 SS.W R AiO-RT • - O q, O C '- R•f J9 ITC 9 O I fTA STm 19E•03.3] 9E•e9.X ,Op xTl � <CO S.D _. STA 4� 9A 1— R/L unORLAND RB • R/L 4OORLAMD RD .A ETA CAD TA i9U9_ P•]Oi0.9AA9.• . R/L SANDµROOp pN SPB lhI> Y`.p ) (.W� [wB AIC GIVER TRANLT4N C401 N j (Lie _S 41TTER TRA.LTS. SEE CdiPBCTpN pCTALf (1••{> L,� XE [dETRBCTeW pETUL] Ru y j e s Ste. E-J V-+' M �f END CONSTRUCTIO N c L i aoill f. T O•sAeg I / r STA 104Lm ��--lt r• _ w ruse � I J I ..j 44.n i � C f � ' 1 PROJECT NO: 2723-00-71 HWY: MOORLAND RO COUNTY: WAUKESHA I PLAN DETAILS - MOORLAND ROAD SHEET 43 E lLE NWE: f:.M.WYAM.ieVsnxsoM9.lAvxvv.M.Ap��owwxwwr.wzl]DLlll.avi 1.1 BATE . 111.1-1 PLOT BY: weLai nor HAVE: PLOT N E . 1:41 .Des SME11 49 LESS INTENSIVE MOWING 2 TRIMMING & WEED ERADICATION z L� BEGIN CONSTRUCTION 4 n ST. 11-1. m 0 sTA } r L p = c1Ee Ira LATTER TREM01" .' f S Sm crosi IA1. OET•l1 _ = fTA T IiNI /}Lt .� •^ 95r 1 -Y ^ R ia0 1 '. mTv'frT9.IL. _0 . h Y TTptlfrfE.li R�O - fT. nsr••.]T 01 • 0 � �r..p• 1-.f�CON9TR11C�fWNR PROJECT NO: 2T23-00-71 .t N•uE . s:.Yw�fwu.rE.wscm)fo u SEFRR. o S - nne 1-1-1W [we — — so 1— TscPu•TaR \ p it fEE 'ILGEUENi PLIEIs'EOR IOdTOR4 ff•l9a 9sOPN.ieW \\s � Z 2 J w Q fT. Krf9. + -9 ] A/L WdM1•M + - --_ r+N ' _ -- : f • T9r0Ebf. -IL00 Ail PRMf ON '� R.I11 WL� + ® T• / r0e.% ...E [W -ELIt I.+ f EIISTMC [uPo •la Eu1TER TO R[YW S%Mf'T SEE - LATTER DET-T -- - sT•'AfrT ' 9E6 [ONSTq.CiaN OFT4f� AP RA MINJRL.WO RO SIB . •_..—. fT. 99rR.9e M Sa199 SI.9f •P1.9P MOORLAND flD T. esu sr• e.Tf Ya uE tT. a�9slwwicimA xtiz� SfA 9e+ssm -LL9i M t95•AL9i S1. 19fr3T.E0 sTA [+A9.95 [t01 ST• nT•et.0e APQO �,r,�„_.�._, -W.9 R/L MOORLAND RO , 19. Q l9fi coos ........_CN - ..,...__-_-- YO X.II ITA I%r15.00 "_— EHSMG E9tIB .ra OIIfIG i0 RErIr9 sr. nf.Tsao `\ tI •9 0 -• fi• 9ir .s 9 - P�EV t OgigYITE T YLL9W NE•R A.PFC LPE•L EY•U[UfIR ^ 1 ^-QEE 9PEWCYL M.— . . I 6].TL-O,OI R.L 'TON OF ^i f" END PROJECT 2723-00-71 <�f I 0 �i HWY: MOORLAND RD COUNTY: WAUKESHA naT RITE PLAN DETAILS - MOORLAND ROAD nor ex : —1. PLRr NAUE . SHEET 46 U s ..tt RE Iq 0o TO co 0o M co 1-cop 3-TrS� 4-QBC Lk L\ =.--X N -------------------------- ............ --------------------- -------------- JANESVLLE ROAD ICTH U 43�M ---------- ------- MSF -------------- L --------- m W-m 32+00 --- 2-TrS 1-C)p i-ORB i\1-ULF A I cl, /L A L I i ix H - LEGEND (D LlIT11111 11-1ELECTRICLL At- 1-R -X PR- DECACRA-E" 01AY LIGHT IRCA.- E.AlF- W/SAAGLEFIXT-SEE L[C7HC LL ER � FLAG HRACMIS: MUS MR TRU n T"W"NA. HIT TAR TWUMS - SEE CTRICA L ELECTRICAL ITT11 (D.4 A1111 - UNYS - SCE ELECTRICAL 0 NA A L IH YUI-FRI.- -.- TREE ]PER K-1 PROJECT NO: 2380-00-73 HWY: CTH L COUNTY: WAUKESHA LANDSCAPE PLAN T SCALE. FEET Cam I SHEET PRE 264 0 as 0 ate_ ��E�_i��►_��►��ii�.��_ �a�� _ WO WIT I — � o o owl ---------- ------------- hlm 00 1 JANESVILLE ROAD!(CTH L) ... ... ... .. . —SEO DECWAT]YE WO'AH -OWAY C) FIXTMQSEE FLECTMAL PWMED DECAMATIWEROADWAY -T SMIA! I—E FIXTM:SU LECT" �—().C-111VEPME- ENTAL CUSS RM 5 ANO FUC B"CKETS; n S pl. Ms SEE --CAL TIP1 014 AMEN-- U-5 - SEE UECIRCAL TME p manom M, L--------- .................... . 4-QB 1-co ........... .......... - --LU 2- BL 8-M e �4+00 0 li --- -- -- - ---- ----------------------------- �� - JAN VILLE ROAD fCTH ¢) E ' I'i 1. G DWO l' A� I OHOH iOH F dl ................... ------ --- -- ----------- .......... ry LEGEND X---x FIXT�-SEE ELECTRICAL ------ "o- EGECR (D S ..... PENNEE O tiX PA .-S. I,EFGFEX� SR- .1-1 PROP01.PECRO. PR -VD -A WAYS "HA-ENIARAICS'AM PLANT BMS . 3 PER OR ME EL -RGRATWI0C0IAV LCHT IGE.FE: 1. LE _ "1 -1 1- FLAG B9AUE15; M TTYPI (D 4 ACUNTALWO L-TS - SEE ELECTIXAL . 0 ..S.-IL ,P mr BARBS 1 ]PER PIERE- 1711, PROJECT NO: 2380-00-73 HWY; CTH L COUNTY: WAUKESHA ILANDSCAPE PLAN SCALE. FEET ,-_�� I SHEET PRE 268 1 Ed LO rn u—.1-1..w.vns1a. — — u..—.- --- .1.1 - sees* n ti 1-GDO -------------- --- ------------------ --------------------------- ----------- k - ---------- 2-AMM 3-ULT ..................... 1-ORB 1-GTK -'N 26-GET --- ------- -- ---- -- — ---- 40-OTA ...... ---- ----- -------- 0/11, NESVILLE ROAD(CTH L) ss . . . . . . . . . . . . 6 1-QBC 0 ------- ---- --------------- -- 3 85-SIMT 1.01 7-PFW 60-SMT 0 H0 'o H ............... ------------- -------- -Z-/ 1 -------------------------------- ................ ------------------------------- ----- LEIINI =1E. DE —US 0 0 11-1 EIEH (D PROPDSED EY—EEM —UB PROPOSEO CRNAMENIAt —S .—Im TKE n— ZTFYLANT BULBS A I PH ERASS 0 —POSED AL [M AR—XEDOE. ��—%E. DAME M TREE T. AREII PROPOSE. DEC-- .1 ... I —T/DoUEE —URA:11E ELICT-1. ,-X PROPOSED ME RDRATK ROAn11Y —T W—E F—E: SEE ELECT-1- — M 1. DEIRD.Al. -1 Al. A� FLAD BRACKETS: E EIEC R- SEE 0-4 ACCENT/FLOW —TS - SEE EUEETR-L -PLART BULBS 1 3 PER PERENNIAL 1-1 PROJECT NO: 279-000-73-- HWY: CTH L COUNTY: WAUKESHA ILANDSCAPE PLAN I SCALE, FEET I SHEET —PRE-272 0 0 r T- 0 N O T M O r 2 ' - i jl 2•AFS 2 i 1, J C HO 5 -NWL j MRR JANESVILLE H ICTH LI 23-MGZ/69-NBB % SS SSNW132NBB 1 No 75+00 76 a 1 5 s — s 1 O 2-ANW 0 3-TTS 3 0 H0 p H0 H0 i LEGEND 0 vnvue Eo oEcmlNwi S r , P MFO EOCER O EVERWEEN �}( Ml0%O DECAWATIVE ROADNAY LICIT SW IB W E FMTMUSEE ELECT—L fl CSFEl DECRORATIVE POLE AiN 'ROPME0 SW t°IEE OD PPpPOSFO ORNAMENTAL 0 PL LPLp NI BRLBS a pEP PISS -'4^ SANMFA S AAO FLAG BMCFFTS: °fAA55 SEE ELECI�AI SEEENL/RL000 O Q LRNiS -SEE ElC[iWCLL O P D 0 [O ECOED NAip- -EE ® 1°NKS°�¢SSRIIYPICN - I"Y01. pRWO5E0 PEKE-11 .pLAHi BIARS R O PER PERExxAL tYPI PROJECT NO: 2380-00-73 HWY-. CTH L COUNTY: WAUKESHq LANDSCAPE PLAN SCALE. FEET°�1°—�'O SHEET pRF �lR B le 0 T LO CD T- xwF ............ MEW= 18:HMS/54-Nom �1_23-HMS/ _NDM 12-CAO/36-NDM 23-HMS/69-ND -00 IJ6-SPT/34 -HMV/69-NDM 21 12-CAO/36-NDM 41-HMH/69-NDhA ...................... � 4 —Dm 'I! wl ojo EW a v Nil] ------ O IFM (D 0 T proeM 2 l •' a �R`I NR aPi ru� LD .. n°°r[°Oiri"v. ss r.as rK ao a TDE rDMrra xz °0. III rx \BULB PLANTING DETAIL nwrwrw°iD[ rt MULCH EpGE AT CUBE � 4��—$ s SrRm[D Iua.pq WA Wcn .el R03 PaSrIMaD vaouR /—ALUMINUM EDGING PROJECT NO: 2380-00-73 I HWY: CTH L I COUNTY: WAUKESHA I LANDSCAPE DETAILS AND Lvn.fPe�mnwncw�.n.Kvats.... - �. nu, PLANTING NOTES 1 L UtIlllu'v"no[`D.L`nl[1 1.Iowa°�:u.�°:tiLLa` � fo�vwma' m }O� °.x,a R s.e °uixv'l W ` Ill l D ... r.o..rl1. tau.cTM p..L wr .ttrutr xnnM1i plx cml�i la u xsuo frx Ir Daww.w i.mil r �•� D[ rK iMM°.E:[a ra tu�n.rot`ili L°a"ianLLlD[ wLL .lruL Kf PrMlYri t�myu�iurliis�"��oE KRs[.n "[mns we 1° lope i° aK SIG sCsrc.ra. li aE ra .x1 tmPM.rW nix petarn.tiPn .S xlPm[D r0 .[vwex us Rtn'lwc mD[r'ccRf'ni np°K.l iww �aii rtmai.n.K.rr nr lorf�nlPe.°e°i.�"nm mrlusu:sio Remit fig "` rt.nr Rar�r� f° �°L �sriwrs°°"9[[l°i°SK Y.QD .f r[x rt.s¢� ingrt D .[NiD .f Lw. a fR 4EPn. v�'"K¢,. [i[.:r[`e"Di.°v° niilEs PasfKR..o°A"a �°.'m'°r[.lis�"i L[ma ra sfrus..wrtwsv[s, Wr.rLL.[.caea x..n. uLe1x kL R.xT ..rWLs LRIT.[ w M"S M RKr P11 fwxcr rD —L Dr nr. M WY[M RrRuai.Tn[ s[fr W . � ie[ In i. mum. NCTO[ le rviW rr °.lua n.cs rM ILL TKII rt.vT[D n r— —1 - s¢ Mt.lf. IIISrM rDDin[ I<•_• ....1 41 Q p.w¢ .rxa IU u M I .I rle n:rm sMu[itLLrt`iK.x.°`D.LLwt¢Rloimirva""`ivnle".cuwrs nsraK[`xasas"a .nilcnn011=xu lea .w ws� ls[RpM10 LLsxumi H 4ss� .nxD .� moCp, LLl Y{1s °r EK 9sCa ul.mn aU;n[R Wfut%n. Mc .cC.s oT[R DLLI�GL[ru rtwis°" putt l.rt LLL K¢SSKI foma.0 DD D1RP KEtlu1Gr[ r0 .vW .xT0. [LW IS ¢ MfUi MA¢slt¢.rm mM°m[Ti[f rAl`K IN°—d[rWvr[�iunris Prr r�IIK Ltn �lCE i:x iifii.LLO —IL TR noxcl tucs[p[ itsX~"Ri ottu� xc . ® u[ .rAG -1 TD . I-- ITT..u— —T! —.s nrn .ttrtw v[tlu�R"ei5"¢ "R lD az [Yc.v.lra lD . -TTL > eio65 .m RRp1P --L rM Ru'r BlM. i¢ K[R[x M e�nfom luoai[e so[ii1LLKwAUITi°"wtal—illrtti uo wfl".icf [[arRq1ia 6 tti "aT u�D ip L[.I{.WRS:TIIIUKKf �rxRO 1 lot h K b�IL p Y Ma ra �i a. LOGPYuiF ¢ECIRr taINCTM Piet I0Im- EwiDt�kts SHEET pRU82 . F co 0 T- E 0 0 0 r r Janesville Road Construction Plans from Parkland Drive area to Moorland Road ' r [�v°st° uo� mt •u°u. rur /j�� rt�w.Y° �G4t. O rwolU [+[M tl[. Sw� � nm[�mruCst wnir 3 23 12-CAQM�N Zr PROJECT 140: 06-2380113) NWY: CTH tr - JANEWiLLE RMV CTH U 3-UFtR I I-GFOV33.WJ 124AOA6-NDM 93-H A L\ ..0 .0m 14.". su turner ----FC—OUU7Y. WAUKESHA —TLANE)SCAPE PLAN SCALE. FEET SHEET N T r M r r - ii caw► _ NVS —— ,� t �` tMa ne , %�r r � 5+00 r ' r r r o 96 i Ti CAAA t1 G1A ROAD ICTH U 10 iu+[: uc nrc•vw ---__ ^iOPp� vw.vn muR Q rnvosu as.osnr s»ti �-lt roouu avmA uoaur w+ v^�s mrup s'�tunxx 000v rrvsasm ara,ibY ax r� swa r� QQ m r sass v s M a•ss � -0 A�0°.ws w r�uc pis. su an,vrn ACpr/r4COY �iMtf - fQ Ntf,Kr i ou�ucnir ® �.�iu�v s a- tIR r {I,F rroxa[n4�siars �n„ es v I rcv rrerwi PROJECT NO. 06-23809W HNT: CTH L COUNTY: WAUYESHA LANDSCAPE PLAN SCSLE,FEE7LW.M — SHEET �. w. our . u � woar,c+oos yvrrr .: [2 . �4a f ' 1 -- (j� j'-s¢selFnsew, - ao•s � ' �MH s•Mfu a&NwL .- -- 00 -"97+00 98+00 � 1 _ _ .W�SY4.I.E ROAD LCTH L!;iln/ _ - — F•ULF " I 1 GTK 2 T73 1 —" ifl 1 j II ( L ,y i LELEyO� ---- .MOIWA[AaA /�/��'v��/ woVYA (� ++\°emu°awww iO M1dllm fY[I�PL 9P1! OOPYp14 O4tf L[--At pA�"uo aru. i wo..l SM OQIIL n. IRC W (IfCnSN r� �0510 aoa. un w.o.\. \9rt MOHInI <Piu145Q Ll[Ci1Sw �� pYRP � � Lf�L4 pitltfY t y� 1� O jl� �� • 1 .91 WSS I \ J \OJ' •� I[GMI.1000 Lalt -SQ 4ICtr�!N � 1 _ _ \ � ♦ a ® .��e[ss I��a � Ln�abL �mFP ROINa4 PROJECT N0: 06-23804131 HIIY: CT" L I..NwIMT1Fw11rN.`M".I.P✓H P•>ww.fw.�o .n..su COUNTY: WAUKESHA LANDSCAPE PLAN .alw .\ ram+ wV SCALE.('EET,--� fW. L• .If SHEET 195 E o• • n Peoo�.c.00s >� P A .................----- - - — ='=— 2 , _ -- - -- — --- ' t-AFM 94F Fl�2NYJ - adFff IWWJ 12.3PT +00 10100 -182 _ - _ 1-----_.—.—_ T—�._J-------_ _.— 1 _ _ JA ESYB.LE ROAD fCTH L, C2 1 Mom t ? LECE:(O � ONIJA Cr00IL. yA, IIO0Y0 NIw01m OIIYf1tl�t QY�f w• WLL i4E Oe � t lltl .) .Ot GMEf YKtt tai�i �1C{[tICiCEt WSW YM �Afrli��!(+1r51 '+R lLlC1K.! t �jjJ e�ppy BQ f/.ItRYtN f/FjfJ' .YD Wt .ld�TEAR fwL C FrfJl 1.OI11411TM1 /fQllT/IfOGO LfrwR 7 JR [.tftaCLL N.fON.S 1.i<l85 .,--ok PROJECT NO: 06-23801131 HWY: CTN L ,. wmc+w,rm••�.,�a,,.a••e..r-.e..v n.rrr.a. ,.i ,r,. COUNTY: WAUKESHA LANDSCAPE PLAN w.. ... SCALE. FEETjz_ML==Sj oe vu ) .wt SHEET 196 .smr.c.aoa rac. JE a ~` - -- ---------- -- 2COP 243YK _-_ --_ t•fi00 24AX -e—�^-+„-S•-^.�a!smubiv� ..-..,.fry--• _ ==-el.. _ _ 00 alt mesivem ROAD SCTN v j 8 _ --t-AFS --,_ - tr--- ----- - - 9 f Xk- ° - = f � N LEM10 '- t urEsn :earoH (r---x � ttcx+vrx fr[�,.r xfa.. //��//++��` ku/u, fOW O IdOiY MEtlfR TMI� rK [,r�S✓apEE� FQQ W SQ (I([MC4 TY,EED AV10 u WSE �M Ylf+ll /IY/1 u�0 1[M1G�W(41q TUZ n[L 0 Aw R 1 ] M 6YEE 1R LLEC,fKM wo [ (L ®'f�oaEWbS,I�e/r®T—ONE B14 ,[QMl,tlaOD LOBS SfE R(['�u MnOya IEKw±+SIx KKrwa PROJECT 140: 06-2380113) HWY: CTH L COUNTY; WAUKESt1A LANDSCAPE PLAN SCALE. FEET' SHEE- 197 JEJ r. iem.x,aaxf a+l.��nry aa, fW r.,r•.4b r.tf.nrf tiaM w w+ Pd foE. 1 w+ wCYa iCKOS Ya![f .rx Co r r - - ye v I .>• � t�AA�A t-0BC i I 3-MpJ i-TXO •a0 i 1090 1+00 �_— rr -------------- - d_ JAWVLLE ROAD ICTH U— d 3QMC ;. . - :—:i — A=t77 ..'L._W.-..'.'-^-'= ....__ may_. �..L.:_. ,` LEGEHO � prtgmfn tsmaa }�-'-X w>.o[m xcw.iin u[ar ava«r //'s�j nsos[o wrrucur rnt�ts spuple�[ttr<u. 4tMe.Y NIA rR W �IRnIW S[[6LC11tYrbr rC►CNO lV917KIh 1weJ O AO/OLO r�pyp ri,eOnLL �� tt�iM ,�iq�tlLMtq YKel1Y 9rEl It[ Oo Im YLK r 1 rta wtt su 4lrlRx rI.:J.-= �j �� ®d rtawrmoeo cons sa outer.., arm Y �iLL 7'j�.!'f,! .000 Wt ) M. .�A {y�Bt�� I�Re Y/iwrt { rMr f£Fl�d Tf<JotiT rt,n O PROJECT NO; 06-2380413) HRY- CTH L COUNTY[ WAUKESHA LANDSCAPE PLAN JSCALE,rrETI,_ SHEET 199 E u.,..w.rm��r.r .�. ry w.tn.er r•trn.0 w�+ �. a.o v.r, t• - w < ..sro..e.aas rxn .: 0 N r — — — — —_-- --------_ —-- ------ ----_. 2 77 - - - - - - ='R - =}fig - - = t' -- _ = - - 4 1•US- -- — w — — s --- ----- - - --- 11APAM-- 4-93L 114 u /mum 114-.'W .WESYLLE ROAD <CT U — —� - 14JLT s-- 7t -- ---- —��---i4g7 ----- l�14300 d � - f rw�rvw - nvrwM'ewmw�5wwwrww.'• r.n �.v+�-r.w-vi �n +r.. -Et U `mil ItlOK. or.CQY6 R-�1f �"�7•aX wC`+at.� r �t�'a'+±. lIi � ti 4i uuwr. tcw \.J s«[`�9Aa rat[ Qo �•onwo a urt .e.eu, uorr i1�O1fY o [vw.da me � arn[ rs'u�"xt n[c rgr.i eu . f n. ra° .ss�• -t nic .iun ri a O Bd +ournn[.w uwrt • su :a<cr [+ rp��EgWf(Np� M' 1 4£dJ �.�./�� r+vowo ��? r+'�• rwroua �rs...� Y �{fSRT rya •tJ9f a4M1, vN�er. PROJECT NO.- 06-2380ID HWY: CTH L CCUNtY; NAURESHA LANDSCAPE PLA`! SCALE. FEET' SHEEt ZOO E r:v..mrwrnr..ww..ror+�....� o�.Writor,�' �.�'.... w..e ... �.+• «r . �.s .wmr<c.00. ws.+n N TMM WE ._ S --'T-_ _-_- +�-.•-�"-. `'may - - 0~lf5+0 116�00 --- x _.Y -117 00 L.— — -- a 24 -SWT ' 1 JNESv1LLE ROW t[tn a _-- -- 5 - - - - - - � flow- - -.ice__ ---------- - ---' --�---- - -- -- -- --- 3C0P - i 11aTK 4-TTS y�C NCI if � � a ♦ i�EL: NO ..�amro (:'� �xo-:friaY6 e-�i o` cuYchvsw�;rat, i%Ci.iww.' -- - P�q�pM®14C Sf�! 4fe KyLWt AltAntr fCQ1 OO fKe06p Selo �� eft tf � I.IOEYS Appnp '>•AKMfY Q� w� ��il �i0 ftK WhIr4 � ed .mer.nen fwN • nt fucmc.. / / I O ,� LL dldld tlrpl�{9f 11W90tL el ��aL jl � I�Ni l�e ! RA f{rv-. -l• PROJECT NO: 06-2380431 HWY: CTH L COUNTY: WAUKESHA LANDSCAPE PLAN SCALE. FEET`' SHEET 201 E pcan�»�:a.,w+�..»re.....r w..w u.rmf.rr• � n.,e.. .r.. �. r mer me. a . ra . inaa�rc.nos s.[tr �: 1 N N TMI 24JL�-----__-�4JLF uwEsvut 1awfD cm- - - 4MB - —2MCD 00 18+0 - --- 119+0 120 rlISA_ - ---------------^ `- ----- -- - _- -_ -.... --i =- - --- ---- - — 2-1T3 ~ 3 t7t t ' tEGcrrL' i�- �tuu � AIDCIm fY � � elx0oae A.-..�1 �-.-10 aferllro� a:u.r s} .-R �ovao aarvi+n{ ler.a• fan O+ ..rrnln tvuoftu � rsrn[ re�lw�la�m wcl.cn O II�IVr�)rm �/'1Mpgp{. •/�•�` 1> Asa RS f�'Mi04ii 15 e4 fau+nwm lan vt l.a+.:.. N Wf.r1�Gm TrI1. yyy��,qpvv�',,��v �4�v.a.Fau1: ddZrSd rtr�r S a . ♦ 1.*1wY PROJECT NO' 06-23901131 NWY: CiH L COUNTY: +7ALKESHk LA:.OSCAPE PLAN: SCALE. FEET' SHEET 202 E 1,..os+w.m.r....w..w,�..r •.� Iv lfewr.w ..f..ru w.. .... ..v. -+1 • . n r .oeerie.m} near• .e M N r -------------- I 14300 JANMnLE ROAD ICTH U •T, -- ---_ _ 4"— i - -- 122+ 1 24 RSN _-__ -- — ---- t TTS id1LT 3 _ -- - - - — 9 �tiLE'1i; J— am.an ,F-.-� `: �'•,o .z..=�:•wt:,r"Y,l��..:: ; � I� JllFwli IAIR O r1�Or0IA [iGltlRa S/11� ^R w�p}(p [f(OIIIiM lelAl.r lOt; .�1ilt n�lK Rl R[Ctli[4 . + a.rorsra vmc roc a� nvaim a.rannr vss -tea.. .ol�.i aln J r il.. vi.ss .rweno aaw r,rl .au ... �.w r�.s l�o lul el.c.[ry tQ alt�arn ®d .4p16tOm IO.IS - Jl[ iti:'�4 (r�fj iww°Js�s r.W°i�l PRO.ECT NO: 05-23801131 HWY: CTH L COUNTY: IPAUKESHA LANDSCAPE PLAN SCALE.FEET - SHEET 203 E It N r II 0 4 i I 125+00 126 JANE'Sf<IILE WOAO MTH LI p j • 1 � N I 1 1' _� E I i- ---_------.....--------- -- __------•------ �'w'—iT'--- ] ..----•,-.,�. � `j `' •..Y �fi.Y , a j I f u ' I! ( I, j , tD �-\ I i, it -!I`o 't• ' 1 • i f.L y I � r j {' qi LGFNO [w�asfo O I oAn amaY[ *--[L + .rarotLe rn.aLa f..a 'Y LI�iK[ »I�WIO aWM1R40[N6 n+• [YIf11 LI.i6 uE [IJ[ MIPEtY r O RT f R[d5 • f RII O1N: Y[ Y[C ®� aLtf1+iRL0f0 1pH - Y11LFC[O[[L -Ru.f YAKS . , KP HK1M.L ROJECT NO: 06-2380 M HWY. CTH L COUNTY; WAUKESH4 LANDSCAPE PLAN SCALE. FEET SHEET 1O4 E .�se.n,:w:re.�.:•.»....e.n ram'.. r.»a.� :mil.»v w•� •. .... o.v s.L. r - r + N r (D N r ew 0 -.ram — - - i-• ri r;rf w c -- -- - _-- PROJECT NO: 06-2330tt3i HNY] CTH L COUNTY: WAU<ESHA 135 .GLF.I.J /pp�pt¢Ou010 /—t I^h'•Al :...—W� 'ra.al M (.� 9r/ ,1XVi1 I�if�::•ppl pIp4f.-'r.. U�irM�lOLLL ^� .�N�O�YL�6t[io[nlaif ////��)� O 11pMID LR!IpfLM1 9�II pl, } IM O IOOi01 YW1b11LL W{5 ��d. YVf�i w�/tl itK WUi1k ®4 a[.'pll/llClO lbI:S-46 {Ii�I+C� LJ.RDSCAPE PLAN SCALE,FEET' SHEET QQ% E co N T" 1dlLT 2-vs -- l - - - --- -- - ----� 4-CM 00 139+00 r JAMESYILE ROAD [CTH U L a Q . -; - -- - - - - _ ---- — - --- 4-AM — Tim ___— u�9r.�. °[➢m� "'Y �ln+°w�u[°ai�[ku[[ort Or.[mp{pp nUacd W 0-0 _u... i rs - aG �yypyppf r��y[p [�Q j000 YY.�Rla9 wO- _1 x:fF.i: rt.✓cr PPO-ECT NO: 06-23604:31 HRY: CT" L COUNTY: WAUKESHA LANDSCAPE PLAN I SCALE. FEET L� I 5HEET 209 E —.T •t 0 M T o© � -- --------- Gil SOCEr/207-NDM n J 151 I WEl -- j - � !.-- _ "� f _ - I - :� •'1 — 5� —�-_ — -_ ? — 7 1-TTs , 1-WF n LEEtND w fL WAq x PQ D� Fc12 •wu wm•a. fAaprcoraywpaL mt•su Lu�LLcrnc.Y —_— � O} •MOSP [WW1 SIfII —W f�SMQt �,!(�[ fLKiR(4��.� �y�p /L� 0M1�0114 A w• LYw We MI IIIC�NKi[i4 MI • y.L(A �Q �O puL I S I(11 plsf SL[ 4LCfI[M P� 1p[LM//LWO Ip/f aL fLL<iIX•L .cres[e sRfOfo .wLr owM';C �LIL.Wus �M4 .wc,s n mf" • L• a ++ sees • s ra .cf+nL .M1h PROJECT H0: 06-2380t13l HWY. CTH L COUNTY: WAUKESHA LANDSCAPE PLAN I SCALE. FEET° 10 SHEET 210 E +...�•.....�+w�.w ... w•L.rr.w ...c.na w... ..+ °.+ .., c u 4 reler.c.ma s.aLr u r M r �r.r rna�w9. tlrar o,am ZtNrappR�t��.[4� M�11�t4/ YYt Y f4 W •. 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KKA 4 �PPMCT NO: O6-2380113) HRY: CTH L j COUNTY: waamiA LANDSCAPE DETAILS & PLANT DATA CHAPT I SHEET 211 IEJ . .�.....-.,. .,.�... e,•... �.., ,«.. .r...,......, ,.wao 11-AAt — n 2 N M r M M r as a _ a.arc"a9„e.au i -!Gliy.� Val IMwt.+1 00 .ava.. 441 • 1 S a�Q /R UOR Call �`� Road -_ -----�--- _._ -: _._---r—;-� ,-._-,III — -- - — - - � Janesville Plans :f JES i , �_ - 7 Construction Moorland Road i from ` - to College Ave It widw� II �� §� j 1 t� ERG • � ', e A -• YY tuF t. AaN� iwom t16 �Nf _ aw _ --- - ------ t7 C4 arawa u"ssss JAi E-SVTLLE _ RLIAD J. � .._._.. �.-- — CFO i• i _ ,... .......... ... .. ......... _.. , �..._ I :.... . ... ........ ... ____...... .... ....... ..... __. ........... .... ._. _ .._. . f i } I wa g 1 ' i 1 i f Y2� a GRCC ;��W.a. men a m PFIDJ ok7e aw CHM AFT rAi wa GRc ---- 7 ------- .-1 PF" mm W^V CMIX SCAB LAO I,- Cl T P a r r r _ - _ _ r 8 l -814-,n an WmSGAff�� GR'-- P.ee+v real+ f ne.+s ca .j..........�.�.�.��._...V •.__•. . f , y 0 r 0o M r GR c ore ms ar !M7 !M� -- -- ----- ---- — E O — — ------ -- ' r--- — -- -- am G � - - _ -1� .- ........ .....w.. ��«.«. «. rr.«. «.ew«.«• �rv...-..-..ors«..--.«.«r...«.-�+�...-,-Nov+e.ri�ia•vtv..vir��r.•msa�rrrsNts/••e+a/aVHo1e�+Ts1.�.`lnaevir-... tsa«. rr.. t.- �•�r _.. �. • 00- LANDSCAPE 0T1•L•W 1•wi FWA M]MQ0 90U-0/ we O9..c RO W 1[w� wNOW a WAN � , • nWVY➢9�S q[ LAM wr am NMI �-- ____•__--• Fu --- ' LANDW."F IOMM msinp um ... _...... nso�voa-an � �� /\ tin �e uoK wma aaa �o Io.w / ' �✓ nwm r.a na �� s `i�t ,J-�✓JJ t 1 +) roexu imwn. na 'vesoo mraoua v.�. � imv® [n�cm s.0 �eio® w.rra o.m � �'•. nsa® 1ou..as IA .eo® �d.o cur - ttmism am 0 r G Rc6c 1 1 i WIDSCAPE LEGQA •••..•.• gVmm fMQ�ar PWA i• �C feQ qQ � 1 WAM °s, ( APPIK sm romp aaom. .,q i .,.�. _ Lam u l i _ CC ms an um COLLI m .L." EErAM PME ........... we cum cmax It4m ur N IN GRC7 -v <•z WEST NOW 4w LAIMSCAPE LOMM '�{ • ) P..f. •m A Orr w" APM ro.b w� rr[ .Y/Yl •d�I 4rUtrt � t.o�e® umae ..0 neon naom s.0 - to® mow orm tvsn w.a.0 Y► �.im .rnrm wr - mro� r rrum� rr. wa , - ----- - - ----- - ---------1 - IAN LANDSCAPE LEGM 01 1 .......................... m G Rc Am 4n f s .1 1Y awl mm CCU _- --.-._ . ' I i it i 1 DIM amna sm w t+r q� NM s r j LMO & Crry eF MUSKEGO 0 Legend K Mowing Acres (- 0.23 Acres) Weed Eradication (- 0.23 Acres ) 0 60 120 240 Feet LO Ile Racine Ave College Ave to Tans Ave rs COLLEGE`AVE 7aC. F I I F � N W E s Created: 113112023 (0 r &cow Lannon Drive MUSKEGoFrom Briargate to Janesville Legend K Mowing Acres (- 0.3 Acres) " Weed Eradication (- 0.3 Acres ) 0 110 220 440 Feet Created. 113112023 iWGo JANESVILLE WEST GATEWAY ISKE JANESVILLE ROAD LEGEND K GATEWAY SIGN PLANTER AREA N W G S 0 50 100 200 FEET 00 BUSINESS PARK SIGNS JANESVILLE / RACINE Vlc J1 lip .'r + - + ��' L.... '\ ( � �ir _. •� rf .fir.,, , i Y — �r;:r—...... :.sli' `\ r • �� ,L�i � 1 ',, ,�Cor''� �t r . t z� — 'a � MUSKEGQ t BUSINESSPARK ��S>lCQGA_NEQARW CE LEGEND K BUSINESS PARK PLANTER AREAS N W E S o so 100 zoo FEET rn T luc4of City Hall/Police Department M USKEGO a S82W18200 Racine Ave r I- ra Courtyard Area 74 d y ; \.8 _ Legend K Mowing Acres (- 2.9 Acres) qA Weed Eradication (- 0 Acres ) 0 70 140 280 Feet i; N W E s 2023 Maps Created. 31712023 0 T &cqw Library SKEGO S73W16663 W Janesville Rd Legend KMowing Acres (-- 2.7 Acres) Weed Eradication (- 2.7 Acres ) 0 95 190 380 Feet N w + E s Created: 113712023 T LO T Legend K Mowing Acres (- 0.2 Acres) Weed Eradication (- 0.2 Acres ) 0 25 50 100 Feet N w d E s Created. • 113112023 lV T a&cgV( Little Muskego Dam MUSK.EGO S76W18109 Janesville Rd Legend KMowing Acres (- 0.2 Acres) Weed Eradication(- 0.2 Acres ) 0 25 50 100 Feet N W+E s Created. 113112023 M r SECTION 3: BID FORM A. Lawn Mowing and Weed Eradication: ITEM Base Bid 2024 Base Bid 2025 SERVICE 1: LAWN MOWING AND WEED ERADICATION (LUMP SUM) $63,500.00 $63 500 00 �-, J,/ S� q? B. Medians and Boulevards: ITEM I Base Bid 2024 Base Bid 2025 SERVICE 2: MEDIANS AND BOULEVARDS (LUMP SUM) $82,500.00 $118,000.00 TOTAL LUMP SUM FEE OF ALL BASE BID PRICES- A-B ($_ _327,500.00 ti, ` •3Z �� (�� 2� (Figures) "The Owner reserves the right to award the project to the lowest responsive bidder based on BASE BID plus any selected Alternate Bid that is in the best Interest of the Owner." SECTION 4: EXHIBIT "B" TERMS AND CONDITIONS: 1. -Monthly payments shall be made by the city upon receipt of an invoice., Invoices must be submitted in the year that work is performed or payment for that work may be voided b .owner., 2. Contact person for LAWN MOWING AND WEED ERADICATION SERVICES, MEDIANS AND BOULEVARDS SERVICES will be the Public Works Director at (262) 679-5686 or skroeser@m uskeao.wi. sov 3. Contractor must have Certified Pesticide Applicator's License, 4. Contractor Is at all times working as an Independent Contractor for the City, as opposed to an employee, and as such is not entitled to any protections or benefits offered by the City to its employees, under any circumstances whatsoever. 5. City of Muskego reserves the right to require a maintenance log from the Contractorfor all services completed for this project or a detailed report of all services if Contractor continues not to perform to City standards. 12 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #010-2025 APPROVAL OF F STREET KIRKLAND 1 LLC DEVELOPER'S AGREEMENT WHEREAS, F Street Kirkland 1 LLC and the City of Muskego wish to enter into a Developer's Agreement regarding the development located along Martin Drive and College Avenue in the City of Muskego; and WHEREAS, the Developer's Agreement is for the construction and ultimate dedication to the City of public improvements at said location; and WHEREAS, the Finance Committee has reviewed and recommended approval of the Agreement between F Street Kirkland 1 LLC and the City of Muskego to make and install certain public and private 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 the Agreement without cost to the City; and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Developer's Agreement between F Street Kirkland 1 LLC and the City of Muskego for the Kirkland Crossing Subdivision development. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to them as may be necessary in order to preserve the general intent thereof. DATED THIS 25th DAY OF FEBRUARY 2025. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #010-2025, which was adopted by the Common Council of the City of Muskego. City Clerk 2/25cmc 154 KIRKLAND CROSSING - PHASE 1 DEVELOPER'S AGREEMENT This Agreement, made this day of , 202_ by and between F Street Kirkland 1 LLC (the "Developer") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". WITNESSETH WHEREAS, the Developer has submitted for approval by the City the development plans for the Kirkland Crossing subdivision, on a part of the lands described as: OUTLOT 1 OF CSM 12309 RECORDED IN THE WAUKESHA COUNTY REGISTER OF DEEDS AS DOCUMENT NO. 4662851 AND UNPLATTED LANDS BEING PART OF THE SW 1/4 AND NW 1/4 OF THE NW 1/4 OF SECTION 3, AND PART OF THE SE 1/4, SW 1/4 AND NE 1/4 OF THE NE 1/4, AND PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 4, TOWN 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 Parcel ID # (PIN): MSKC 2171.991, 2173.995, COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 4, 2173.995.001, 2173.996.001, 2173.997, TOWNSHIP 5 NORTH, RANGE 20 EAST, THENCE N 89°39'11" 2173.998 & 2176.999.003 E, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 4, 1817.04 FEET TO THE POINT OF BEGINNING; THENCE N 89°39'11" E, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 4,292.28 FEET TO THE CENTERLINE OF C.T.H. "HH" ALSO KNOWN AS COLLEGE AVENUE; THENCE ALONG THE CENTERLINE OF C.T.H. "HH" ALSO KNOWN AS COLLEGE AVENUE FOR THE FOLLOWING 5 COURSES: 1.: THENCE S 63°45'19" E, 620.91 FEET; 2.: THENCE S 00°50'30" W, 4.00 FEET; 3.: THENCE S 81°26'05" E, 65.90 FEET; 4.: THENCE N 81018'55" E, 92.40 FEET; 5.: THENCE N 66°24'08" E, 686.83 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 3; THENCE S 89°47'19" E, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 3, 99.85 FEET TO AN EXTENSION OF THE WEST LINE OF PARCEL A OF CSM 1481; THENCE S 00°50'30" W, ALONG THE EXTENSION OF, AND THE WEST LINE OF PARCEL A OF CSM 1481, 2414.11 FEET, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 3; THENCE S 89°38'24" W, ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 3, 881.76 FEET TO THE WEST 1/4 CORNER OF SECTION 3; THENCE S 00°59'24" W, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, 317.03 FEET TO THE NORTHEAST 1/4 OF LOT 1 OF CSM 12309; THENCE S 86°10'32" W, ALONG THE NORTH LINE OF LOT 1 OF CSM 12309, 103.50 FEET TO THE NORTHWEST CORNER OF LOT 1 OF CSM 12309; THENCE S 30°29'14" W, ALONG THE WEST LINE OF LOT 1 OF CSM 12309, 150.57 FEET TO THE NORTH RIGHT-OF-WAY OF MARTIN DRIVE; THENCE N 58°32'24" W, ALONG THE NORTH RIGHT-OF-WAY OF MARTIN DRIVE, 334.97 FEET; THENCE S 00°42'26" W, 58.18 FEET TO THE CENTER LINE OF MARTIN DRIVE; THENCE ALONG THE CENTERLINE OF MARTIN DRIVE FOR THE FOLLOWING 5 COURSES: 1.: THENCE N 58032'24" W, 163.90 FEET; 2.: THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING AN ARC LENGTH OF 673.29 FEET, A RADIUS OF 1455.71 FEET, A DELTA ANGLE OF 26030'00", AND A CHORD BEARING N 71047'24" W, 667.30 FEET; 3.: THENCE ALONG A REVERSE CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 152.49 FEET, A RADIUS OF 637.26 FEET, A DELTA ANGLE OF 13042'36", AND A CHORD BEARING N 78011'06" W, 152.12 FEET; 4.: THENCE S 18040'12" W, 4.14 FEET; 5.: THENCE ALONG A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 352.68 FEET, A RADIUS OF 534.47 FEET, A DELTA ANGLE OF 37048'29", AND A CHORD BEARING N 155 56°12'08" W, 346.32 FEET TO AN EXTENSION OF THE EAST LINE OF LOT 1 OF CSM 9654; THENCE N 00047'25" E, ALONG AN EXTENSION OF, AND THE EAST LINE OF LOT 1 OF CSM 9654 768.04 FEET; THENCE N 89049'28" E, CONTINUEING ALONG THE EAST LINE OF CSM 9654, AND EXTENSION OF SAID LINE, 836.89 FEET; THENCE N 00°42'26" E, 1470.11 FEET TO THE POINT OF BEGINNING. 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 Public Works & Development Director 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: SECTION 1: DEVELOPMENT LAND USE. The overall Development, as approved by Plan Commission Resolution #012-2022, consists of 139 single-family lots and 8 outlots, along with a newly publicly dedicated roadway, with the features per the referenced resolution. 2. PHASING/IMPROVEMENTS. Developer and City agree that this Agreement is for the installation of public and private improvements in multiple phases consisting of water, sanitary sewer, storm sewer, stormwater improvements, landscaping, grading and roadway work, with this agreement covering Phase 1 only. Phase 1 is described as: OUTLOT 1 OF CSM 12309 RECORDED IN THE WAUKESHA COUNTY REGISTER OF DEEDS AS DOCUMENT NO. 4662851 AND UNPLATTED LANDS BEING PART OF THE SW 1/4 AND NW 1/4 OF THE NW 1/4 OF SECTION 3, AND PART OF THE SE 1/4 AND NE 1/4 OF THE NE 1/4, AND PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 4, TOWN 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 4, TOWN 5 NORTH, RANGE 20 EAST, THENCE N 89039'11" E, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 4, 1817.04 FEET; THENCE S 00°42'26" W, 44.33 FEET TO THE SOUTH RIGHT-OF-WAY OF C.T.H. "HH" ALSO KNOWN AS COLLEGE AVENUE AND POINT OF BEGINNING; THENCE ALONG THE SOUTH RIGHT-OF-WAY OF C.T.H. "HH" ALSO KNOWN AS COLLEGE AVENUE FOR THE FOLLOWING 5 COURSES: 1.: THENCE S 82°29'31" E, 250.01 FEET; 2.: THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 247.61 FEET, A RADIUS OF 650.00 FEET, A DELTA ANGLE OF 21049'33", AND A CHORD BEARING S 71-34-45" E, 246.11 FEET; 3.: THENCE S 60°39'58" E, 223.24 FEET; 4.: THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING AN ARC LENGTH OF 449.46 FEET, A RADIUS OF 480.00 FEET, A DELTA ANGLE OF 53038'59", AND A CHORD BEARING S 87°29'28" E, 433.21 FEET; 5.: THENCE N 65°41'03" E, 101.04 FEET; THENCE S 06006'43" W, 247.73 FEET; THENCE S 18007'58" E, 94.50 FEET; THENCE S 05°00'53" E, 54.05 FEET; THENCE S 01°13'09" W, 94.49 FEET; THENCE S 00°09'23" E, 96.88 FEET; THENCE S 02°04'04" E, 182.00 FEET; THENCE S 01°51'31" E, 88.83 FEET; THENCE S 01°06'25" W, 85.57 FEET; THENCE S 02013'31" E, 91.63 FEET; THENCE S 02010'29" W, 73.92 FEET; THENCE S 02°54'15" E, 64.97 FEET; THENCE S 12°23'32" W, 211.58 FEET; THENCE S 14008'14" E, 109.17 FEET; THENCE S 05°31'26" E, 62.71 FEET; THENCE S 69°59'35" E, 76.96 FEET; THENCE S 06°46'28" E, 70.49 FEET; THENCE S 23056'12" W, 67.42 FEET; THENCE S 00006'29" E, 90.74 FEET; THENCE S 57°29'11" E, 122.56 FEET; THENCE S 69022'51" E, 97.47 FEET; THENCE N 82012'21" E, 101.00 FEET; THENCE N 70°16'58" E, 160.35 FEET TO THE WEST LINE OF PARCEL B OF CSM 1481; THENCE S 00°50'30" W, ALONG THE WEST LINE OF PARCEL B OF CSM 1481, 346.63 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 2 156 3; THENCE S 89°38'24" W, ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 3, 881.76 FEET TO THE WEST 1/4 CORNER OF SECTION 3; THENCE S 00059'24" W, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, 317.03 FEET TO THE NORTHEAST CORNER OF LOT 1 OF CSM 12309; THENCE S 86°10'32" W, ALONG THE NORTH LINE OF LOT 1 OF CSM 12309, 103.50 FEET TO THE NORTHWEST CORNER OF LOT 1 OF CSM 12309; THENCE S 30°29'14" W, ALONG THE WEST LINE OF LOT 1 OF CSM 12309, 150.57 FEET TO THE NORTH TIGHT -OF -WAY OF MARTIN DRIVE; THENCE ALONG THE NORTH RIGHT-OF-WAY OF MARTIN DRIVE FOR THE FOLLOWING 2 COURSES: 1.: THENCE N 58°32'24" W, 469.19 FEET; 2.: THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING AN ARC LENGTH OF 315.03 FEET, A RADIUS OF 1505.71 FEET, A DELTA ANGLE OF 11059'15", AND A CHORD BEARING N 64032'11" W, 314.45 FEET; THENCE N 09040'02" E, 42.10 FEET; THENCE N 77°51'03" E, 143.26 FEET; THENCE N 02°59'10" W, 159.09 FEET; THENCE N 05030'28" W, 60.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING AN ARC LENGTH OF 31.01 FEET, A RADIUS OF 370.00 FEET, A DELTA ANGLE OF 04048,0911, AND A CHORD BEARING N 82005'28" E, 31.00 FEET; THENCE N 03°40'11" W, 175.66 FEET; THENCE N 80017'18" E, 71.24 FEET; THENCE N 11°55'31" E, 53.36 FEET; THENCE N 04047'09" W, 96.10 FEET; THENCE N 08001'17" W, 123.92 FEET; THENCE N 53009'04" W, 25.85 FEET; THENCE N 60049'47" W, 52.84 FEET; THENCE N 37011'50" W, 139.20 FEET; THENCE N 11040'32" W, 118.86 FEET; THENCE N 00042'26" E, 1425.78 FEET TO THE POINT OF BEGINNING. SECTION II : PLATTING/ZONING This Developer's Agreement addresses the development of land for Phase 1 containing sixty-eight (68) single-family lots with various outlots, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the requirements of the PD-Kirkland Crossing zoning district. 2. Developer shall entirely at its expense: a) Prior to beginning any work related to the Improvements discussed herein, delivery of a "Financial Guarantee", in the form of a Bond, in the amount required herein for the construction of Improvements required by this Agreement. No construction activity aside from tree clearing, erosion control measures and grading related to any public improvements may commence until this Agreement has been executed and recorded, and the Bond has been tendered. b) Provide the City with title evidence showing that upon recording the final documents, the City will have good, indefeasible title to all interests in land to be dedicated or conveyed to the City by the various documents. c) 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. d) Place and install monuments required by State Statute or City Ordinance following completion of improvement. 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 water main, storm sewer, sanitary sewer, 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 issued 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 3 157 Department of Natural Resources permits before construction commences and prior to any preconstruction meeting. Developer shall entirely at its expense complete the following public Improvements: 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 Public Works & Development 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. 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 Public Works & Development 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 & Safety 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 & Safety Committee as indicated in the plans and specifications on file with the Public Works & Development 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 4 158 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: Construct, install, furnish and provide facilities as approved by the Public Works & Development Director or his designee and Public Works & Safety 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 Public Works & Development Department. Upon providing evidence that the approved storm and surface drainage or erosion control plans are inadequate 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 & Safety Committee in accordance with the plans and specifications on file in the Public Works & Development Department. Restore with topsoil and seed. Establish vegetative cover. 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 evidence is provided by the Public Works & Development Director 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. All maintenance responsibilities may be assigned to an association of lot owners in the Development, as described in the Maintenance Agreement. Upon assignment of responsibilities, the Developer shall not be responsible for maintenance associated with the storm sewers, retention or detention ponds or surface water drainage. 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. Install new landscaping throughout the development, as to be approved by the Public Works & Development Department. 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 and in accordance with street tree and landscape plans on file in the Public Works & Development Department that are to be approved by the Planning Manager and City Forester. The planting of the street trees shall occur before 5 159 the installation of the final course of pavement with the Public Works & Development Director 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: 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 Public Works & Development Director, 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 -site and off -site, in accordance with the Erosion Control Plan as approved by the Public Works & Development Director or his designee and Public Works & Safety Committee and in accordance with the plans and specifications on file in the Public Works & Development 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 Development. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 162. G. CITY REIMBURSEMENTS FOR WATER UTILITIES 1. Reimburse the Developer in accordance with the attached schedule labeled "Attachment A", as approved by the Finance Committee on February 25, 2025. The estimated reimbursement costs total $398,970.00. 2. The reimbursement costs noted above are estimates and are subject to final field verification of quantity/measurements. 3. Reimbursement may be requested by the Developer following completion of as -built plans and following City's acceptance of the Improvements categorized above. 4. All requests for reimbursement shall be made in writing and shall be reviewed for approval by the City Public Works & Development Director. The recommendation of the City Public Works & Development Director shall be forwarded to the Finance Committee for consideration. SECTION IV: ADDITIONAL IMPROVEMENTS The Developer hereby agrees that if, at any time after plan approval and during construction of the Improvements, the Public Works & Development Director or his designee provides substantial evidence 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. C.1 160 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. The City acknowledges that pursuant to Wisconsin State Statutes 236.13 (2)(am)(1)(c) the governing body may not require a security for more than 14 months beyond substantial completion. 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 the 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. 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 Public Works & Development Director 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 Development or any of its owners. 7 161 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 Public Works & Development Director deems other items relating to the construction of the development necessary: 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 grading conforms 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 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 Public Works & Development Director. 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. 8 162 6. 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 Public Works & Development Director. 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. 7. Public Construction Protects: 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 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 final acceptance of each Improvement detailed in Section III. 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) 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. 9 163 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. No work on the project may begin until the insurance and written endorsements named herein are provided to the City in the form as approved by the City Attorney. 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 : RISK OF PROCEEDING WITH IMPROVEMENTS PRIOR TO APPROVAL OF FINAL PLAT: If a Developer proceeds with the installation of Improvements or other work on the site prior to approval of the Final Plat, it proceeds at its own risk as to whether or not the Final Plat will receive all necessary approvals. The Developer, prior to commencement of the installation of Improvements or other work on site, shall notify the City of the Developer's intention to proceed with the installation of Improvements or other work on site, prior to approval of the Final Plat. Additionally, Developer shall make arrangements to have any Improvements and/or other work on site inspected by the Public Works & Development Director or his designee. 10 164 SECTION XVI : 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 XVII : 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 XVIII, Building and Occupancy Permits. SECTION XVIII : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no buildings or occupancy permit shall be issued until the City Engineer or his designee has determined that: 1. All parameters of Plan Commission Resolution #012-2022 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. The required Financial Guarantee 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. 6. The Final Plat is recorded and appropriate copies are delivered to the Community Development Department. SECTION XIX : 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 XX : 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 11 165 approved form, in the amount of $12,620,919.00 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 Bond on file with the City is dated to expire sixty (60) days prior to the expiration of the one (1) year period for completion of the Improvements, if such Bond is not timely extended, renewed or replaced, per the terms of this Agreement and the Improvements will not be dedicated to or accepted by the City before the expiration of the Bond, or d) The Developer fails to maintain a Bond in an amount approved by Public Works & Development Director 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 pursuant to Wisconsin Statue 236.13(2)(am)(1)(c). 4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $15,000.00 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 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 12 166 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 XXI : 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 XXIII, 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 XXII : 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 XXIII : 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 XXIV: SALE OF LOTS: No lots in the Subdivision may be sold until final acceptance of the Improvements has been granted by the City, unless otherwise expressly approved in writing by the City Council, and until the Final Plat has been recorded. SECTION XXV : 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: Public Works & Development Department — Planning City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 262-679-4136 To Developer: F Street Kirkland 1 LLC 1134 N. 9th Street, Suite 200 Milwaukee, WI 53233 Josh Lurie - 414-315-3190 13 167 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 XXVI : RECORDING This Agreement shall be recorded against the Development property and shall run with the land. 14 168 SECTION XXVII : 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. F STREET KIRKLAND 1 LLC: a Its: STATE OF WISCONSIN ) SS COUNTY ) PERSONALLY came before me this day of , 202_, 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: Richard R. Petfalski, Jr., Mayor BY: Kerri Roller, City Clerk STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of , 202_, the above named Richard R. Petfalski, Jr., Mayor, and Kerri Roller, City Clerk 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 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 , 202_. Notary Public -State of Wisconsin My Commission Expires 15 169 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Kirkland Crossing, Muskego, Wisconsin, as entered into on the day of , 202_ by and between F Street Kirkland 1 LLC and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the day of , 202_. SUBSCRIBED AND SWORN TO BEFORE ME This day of , 202_. My commission expires This instrument drafted by: Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 BY THE COMMON COUNCIL Kerri Roller, City Clerk fi 9 170 Kirkland Crossing Attachment "A" Units / Quantities ITEM I DESCRIPTION UNIT QTY I UNIT TOTAL WATER MAIN - City Improvements (Upsizing) 1 12" DR 18 Water Main in lieu of 8" 1,405 LF $ 25.00 $ 35,125.00 2 Pump Upsizing for Booster Station 1 LS $ 13,000.00 $ 13,000.00 SUBTOTAL CITY IMPROVEMENT WATER MAIN (Upsizing) $ 48,125.00 WATER MAIN - City Improvements (to Park Arthur) 1 8" C900 DR-18 CL235 psi (Spoil Backfill) 222 LF $ 146.00 $ 32,412.00 2 8" C900 DR-18 CL235 psi (1-1/4" Aggregate Backfill) 43 LF $ 186.00 $ 7,998.00 3 6" C900 DR-18 CL235 psi (Spoil Backfill for Hydrant Lead) 10 LF $ 181.00 $ 1,810.00 4 Hydrant Assemblies (Hydrant, Locator Box, and Valve Assembly) 1 EA $ 9,075.00 $ 9,075.00 5 8" x 6" Reducer 1 EA $ 449.00 6 8" x 8" Tee 1 EA $ 1,030.00 7 11-1/4" Bend 1 EA $ 1,100.00 8 Survey 275 LF $ 2.50 $ 687.50 SUBTOTAL CITY IMPROVEMENT WATER MAIN (Upsizing) $ 51,982.50 WATER MAIN - City Improvements (Additions) 1 "8" C900 DR-18 CL235 psi (1-1/4" Aggregate Backfill for Water Main Stubs/Crossing: 391 LF $ 280.00 $ 109,480.00 2 "6" C900 DR-18 CL235 psi (1-1/4" Aggregate Backfill for Hydrant Leads) 56 LF $ 270.00 $ 15,120.00 3 Hydrant Assemblies (Hydrant, Locator Box, and Valve Assembly) 6 EA $ 9,075.00 $ 54,450.00 4 8" Gate Valve w/ Valve Box 6 EA $ 3,356.00 $ 20,136.00 5 8" x 6" Anchor Tee 5 EA $ 970.00 $ 4,850.00 6 8" x 6" Reducer 1 EA $ 449.00 $ 449.00 7 8" Plug + Buttress w/ Joint Restraint 5 EA $ 360.00 $ 1,800.00 7 1 1/4" Class 200 HDPE, SDR-9 Water Service Line w/ Curb Stop (10 ea.) (Bored) 593 LF $ 75.00 $ 44,475.00 8 1 1/4" Class 200 HDPE, SDR-9 Water Service Line w/ Curb Stop (12 ea.) (Open Cut; 211 LF $ 75.00 $ 15,825.00 9 12" x 8" Tee 6 EA $ 2,085.00 $ 12,510.00 10 Engineering 1 EA $ 5,000.00 $ 5,000.00 #REF! Survey 447 LF $ 2.50 $ 1,117.50 #REF! Erosion Control (Silt Logs) 2,100 LF $ 6.50 $ 13,650.00 SUBTOTAL CITY IMPROVEMENT WATER MAIN (Additions) $ 298,862.50 TOTAL CITY IMPROVEMENT WATER MAIN $ 398,970.00 171 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #011-2025 ACCEPTANCE OF OFFER TO PURCHASE VACANT LAND JOHN JEWELL FOR CITY -OWNED PROPERTY ON RUSSET COURT WHEREAS, John Jewell, developer of the pending Apple Hills Subdivision, submitted to the City of Muskego an Offer to Purchase a strip of vacant land which extends off of the existing Russet Court right-of-way dedication and extends westward into the Apple Hills development property; and WHEREAS, this land measures approximately 260 feet long by 60 feet wide and was sold/transferred in 2003 to the City for use as a roadway in preparation for a future development, but it was not formally dedicated as right-of-way; and WHEREAS, because the Apple Hills Subdivision Development Plan for this site has already received Preliminary Plat approval, whereby the exact location of the proposed road has been determined, there is no longer a need for the City to hold onto this strip of land for a future road right-of-way; that said land is being sold to the developer for nominal consideration as it is not worth anything to the City of Muskego but is needed by the developer for completion of the development; and WHEREAS, when the Final Plat of the Apple Hills Development is recorded after construction is complete, a customary right-of-way dedication will occur which will then achieve the goal of a public roadway which was the reason the City acquired the strip of land in the first place; and WHEREAS, the Finance Committee has reviewed the Offer to Purchase submitted by John Jewell and recommends that the Common Council approve and accept it. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the Vacant Land Offer to Purchase submitted by John Jewell for the sale of the City -owned land described herein for $1.00 subject to the provisions and contingencies contained in said Offer. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the Vacant Land Offer to Purchase and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof; that the City Attorney is further authorized to prepare all documents for the Mayor to sign to effectuate the Closing of the transaction in accordance with the terms and provisions of the Offer. DATED THIS 25th OF FEBRUARY 2025. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #011-2025 which was adopted by the Common Council of the City of Muskego. City Clerk 2/25cmc 172 CITY OF MUSKEGO Staff Report to Common Council February 25, 2025 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: Apple Hills Subdivision/Jewell — Land Offer to Purchase Date: February 19, 2025 Background Information: John Jewell, the current developer of the pending Apple Hills Subdivision, recently submitted an Offer to Purchase for a strip of land that is owned by the City of Muskego. This strip of land extends off of the existing Russet Court right-of-way dedication and extends westward into the Apple Hills development property. This land was previously sold/transferred to the City for a possible future roadway (sometime in 2003), but it was not formally dedicated as right-of-way. This was done in preparation for a future development. Now that there is a specific development plan for this site, that has already received Preliminary Plat approval, we now know the exact location of the proposed road and as such, the former land for a future road right-of-way is no longer need. When the Final Plat of this development is recorded after development construction is complete, a proper road right-of-way dedication will occur which will then replace the previously planned roadway area. 173 ,ntisign ID: 1239AA8C-03EB-EF11-88F8-002248264582 Approved by the Wisconsin Real Estate Examining Board RE/MAX Legacy 7-1-24 (Optional Use Date) 8-15-24 (Mandatory Use Date) Page 1 of 12, WB-13 WB-13 VACANT LAND OFFER TO PURCHASE 1 LICENSEE DRAFTING THIS OFFER ON February 14, 2025 [DATE] IS (AGENT OF BUYER) 2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE 3 The Buyer, Russet LLC 4 offers to purchase the Property known as see attached Exibit A 6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 655-660, or attach 7 as an addendum per line 682] in the City of Muskego County 8 of Waukesha Wisconsin, on the following terms: 9 PURCHASE PRICE The purchase price is one 10 Dollars ($ 1.00 ). 111 INCLUDED IN PURCHASE PRICE I Included in purchase price is the Property, all Fixtures on the Property as of the date 12 stated on line 1 of this Offer (unless excluded at lines 17-18), and the following additional items: 13 14 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included 15 or not included. Annual crops are not part of the purchase price unless otherwise agreed. 16 1 NOT INCLUDED IN PURCHASE PRICE I Not included in purchase price is Seller's personal property (unless included at 17 lines 12-13) and the following: 18 19 CAUTION: Identify Fixtures that are on the Property (see lines 21-25) to be excluded by Seller or that are rented 20 and will continue to be owned by the lessor. 21 "Fixture" is defined as an item of property which is physically attached to or so closely associated with land so as to be 22 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage 23 to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but not 24 limited to, all: perennial crops, garden bulbs; plants; shrubs and trees; fences; storage buildings on permanent foundations 25 and docks/piers on permanent foundations. 26 CAUTION: Exclude any Fixtures to be retained by Seller or that are rented on lines 17-18 or at lines 655-660 or in 27 an addendum per line 682. 28BINDING ACCEPTANCE This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer 29 on or before February 21, 2025 30 Seller may keep the Property on the market and accept secondary offers after binding acceptance of this Offer. 31 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer. 32 1 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical 33 copies of the Offer. 34 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term 35 Deadlines running from acceptance provide adequate time for both binding acceptance and performance. 36 CLOSING This transaction is to be closed on March 21, 2025 37 38 at the place selected by Seller, unless otherwise agreed by the Parties in writing. If the date for closing falls on a Saturday, 39 Sunday, or a federal or a state holiday, the closing date shall be the next Business Day. 40 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently 41 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real 42 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money 43 transfer instructions. 44 EARNEST MONEY 45 ■ EARNEST MONEY of $ accompanies this Offer. 46 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledged. 47 ■ EARNEST MONEY of $ will be mailed, or commercially, electronically 48 or personally delivered within days ("5" if left blank) after acceptance. 49 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as 50 ) I STRIKE THOSE NOT APPLICABLE 51 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller). 52 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an 53 attorney as lines 56-76 do not apply. If someone other than Buyer pays earnest money, consider a special 54 disbursement agreement. 55 ■ THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing. RE/MAX Legacy, S75 W 17237 Janesville rd Ste 200 Muskego WI 53150 Phone: 414-698-3247 Fax: 262-971-1001 city of nwskego John leu,ell Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com 174 At lentisignID: 1239AABC-03EB-EF11-88FB-002248264582 Property Address: See attached Exibit A, , Page 2 of 12, WBA3 56 ■ DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the 57 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository 58 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall 59 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according 60 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been 61 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the 62 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller; 63 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4) 64 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain 65 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the 66 earnest money any costs and reasonable attorneys' fees, not to exceed $250, prior to disbursement. 67 ■ LEGAL RIGHTS/ACTION: The Firm's disbursement of earnest money does not determine the legal rights of the Parties 68 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest 69 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party 70 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified 71 mail. If Buyer or Seller disagrees with the Firm's proposed disbursement, a lawsuit may be filed to obtain a court order 72 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of 73 residential property with one -to -four dwelling units. Buyer and Seller should consider consulting attorneys regarding their 74 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good 75 faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional 76 Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18. 77 TIME IS OF THE ESSENCE "Time is of the Essence" as to: (1) earnest money payment(s); (2) binding acceptance; (3) 78 occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE1 and all other dates and Deadlines in 79 this Offer except: 80 If "Time is of the Essence" applies to a date or Deadline, 81 failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date 82 or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs. 83 VACANT LAND DISCLOSURE REPORT I Wisconsin law requires owners of real property that does not include any 84 buildings to provide Buyers with a Vacant Land Disclosure Report. Excluded from this requirement are sales exempt from 85 the real estate transfer fee and sales by certain court -appointed fiduciaries, for example, personal representatives, who 86 have never occupied the Property. The form of the Report is found in Wis. Stat. § 709.033. The law provides: "§ 709.02 87 Disclosure ... the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale ..., to 88 the prospective buyer of the property a completed copy of the report ... A prospective buyer who does not receive a report 89 within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale ... by 90 delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if 91 a Vacant Land Disclosure Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is 92 submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding 93 rescission rights. 94 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has 95 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 101-181) other than those identified in 96 Seller's Vacant Land Disclosure Report dated , which was received by Buyer prior to Buyer 97 signing this Offer and that is made a part of this Offer by reference COMPLETE DATE OR STRIKE AS APPLICABLE 98 and 99 100 1INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE REPOR 101 "Conditions Affecting the Property or Transaction" are defined to include: 102 a. Flooding, standing water, drainage problems, or other water problems on or affecting the Property. 103 b. Impact fees or another condition or occurrence that would significantly increase development costs or reduce the value 104 of the property to a reasonable person with knowledge of the nature and scope of the condition or occurrence. 105 c. Brownfields (abandoned, idled, or underused land that may be subject to environmental contamination) or other 106 contaminated land on the property, or that contaminated soils on the property have been cleaned up under the Petroleum 107 Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial or cleanup 108 program, the DATCP Agricultural Chemical Cleanup Program, or other similar program. 109 d. Subsoil conditions that would significantly increase the cost of development, including, but not limited to, subsurface 110 foundations or waste material; any type of fill; dumpsites where pesticides, herbicides, fertilizer, or other toxic or hazardous 111 materials or containers for these materials were disposed of in violation of manufacturer or government guidelines or other 112 laws regulating such disposal; high groundwater; adverse soil conditions, such as low load -bearing capacity, earth or soil 113 movement, settling, upheavals, or slides; excessive rocks or rock formations; or other soil problems. 114 e. Material violation of an environmental rule or other rule or agreement regulating the use of the Property. 115 f. Defects caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLocix.com city of lmiskego 175 Aulhenlisig0 ID: 1239AABC-03EB-EF11-86F8-002248264582 Property Address: See attached Exibit A, Page 3 of 12, WB-13 116 soil, or other potentially hazardous or toxic substances on the Property; manufacture of methamphetamine or other 117 hazardous or toxic substances on the Property; or high voltage electric (100 KV or greater) or steel natural gas transmission 118 lines located on but not directly serving the Property. 119 g. Defects caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic 120 substances on neighboring properties. 121 h. The Property is served by a joint well; Defects related to a joint well serving the Property; or Defects in a well on the 122 Property or in a well that serves the Property, including unsafe well water due to contaminants such as coliform, nitrates, or 123 atrazine, or any out -of -service wells or cisterns that are required to be abandoned (see § NR 812.26, Wis. Adm. Code) but 124 that are not closed or abandoned according to applicable regulations. 125 i. Defects in any septic system or other private sanitary disposal system on the Property; or any out -of -service septic system serving the Property not closed or abandoned according to applicable regulations. 127 j. Underground or aboveground fuel storage tanks presently or previously on the Property for storage of flammable or 128 combustible liquids including, but not limited to, gasoline or heating oil; or Defects in the underground or aboveground fuel 129 storage tanks on or previously located on the Property. Defects in underground or aboveground fuel storage tanks may 130 include items such as abandoned tanks not closed in conformance with applicable local, state, and federal law; leaking; 131 corrosion; or failure to meet operating standards. (The owner, by law, may have to register the tanks with the Department 132 of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, Wisconsin, 53708, whether the tanks are in use 133 or not. Department regulations may require closure or removal of unused tanks.) 134 k. Existing or abandoned manure storage facilities located on the property. 135 I. Notice of property tax increases, other than normal annual increases, or pending Property tax reassessment; 136 remodeling that may increase the Property's assessed value; pending special assessments; or Property is within a special 137 purpose district, such as a drainage district, that has authority to impose assessments on the Property. 138 M. Proposed, planned, or commenced public improvements or public construction projects that may result in special 139 assessments or that may otherwise materially affect the Property or the present use of the Property; or any land division 140 involving the Property without required state or local permits. 141 n. The Property is part of or subject to a subdivision homeowners' association; or the Property is not a condominium unit 142 and there are common areas associated with the Property that are co -owned with others. 143 o. Any zoning code violations with respect to the Property; the Property or any portion thereof is located in a floodplain, 144 wetland or shoreland zoning area under local, state or federal regulations; or the Property is subject to a mitigation plan 145 required by Wisconsin Department of Natural Resources (DNR) rules related to county shoreland zoning ordinances, that 146 obligates the Property owner to establish or maintain certain measures related to shoreland conditions, enforceable by the 147 county. 148 p. Nonconforming uses of the Property (a nonconforming use is a use of land that existed lawfully before the current zoning 149 ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance); conservation 150 easements (a conservation easement is a legal agreement in which a property owner conveys some of the rights associated 151 with ownership of his or her property to an easement holder such as a governmental unit or a qualified nonprofit organization 152 to protect the natural habitat of fish, wildlife, or plants or a similar ecosystem, preserve areas for outdoor recreation or 153 education, or for similar purposes); restrictive covenants or deed restrictions on the Property; or, other than public rights-of- 154 way, nonowners having rights to use part of the Property, including, but not limited to, private rights -of -way and easements 155 other than recorded utility easements. 156 q. All or part of the Property has been assessed as agricultural land; has been assessed a use -value assessment 157 conversion charge; or payment of a use -value assessment conversion charge has been deferred. 158 r. All or part of the Property is subject to, enrolled in, or in violation of a farmland preservation agreement, Forest Crop 159 Law, Managed Forest Law, the Conservation Reserve Program, or a comparable program. 160 s. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will 161 be transferred with the Property because the dam is owned collectively by a homeowners' association, lake district, or 162 similar group of which the Property owner is a member. 163 t. No legal access to the Property; or boundary or lot line disputes, encroachments or encumbrances (including a joint 164 driveway) affecting the Property. Encroachments often involve some type of physical object belonging to one person but 165 partially located on or overlapping on land belonging to another; such as, without limitation, fences, houses, garages, 166 driveways, gardens, and landscaping. Encumbrances include, without limitation, a right or claim of another to a portion of 167 the Property or to the use of the Property such as a joint driveway, liens, and licenses. 168 u. Government agency, court order, or federal, state, or local regulations requiring repair, alteration or correction of an 169 existing condition. 170 v. A pier attached to the Property not in compliance with state or local pier regulations; a written agreement affecting 171 riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric operator. 172 w. Material damage from fire, wind, flood, earthquake, expansive soil, erosion, or landslide. 173 x. Significant odor, noise, water diversion, water intrusion, or other irritants emanating from neighboring property. 174 y. Significant crop damage from disease, insects, soil contamination, wildlife, or other causes; diseased or dying trees or 175 shrubs; or substantial injuries or disease in livestock on the Property or neighboring property. 176 z. Animal, reptile, or other insect infestations; drainage easement or grading problems; excessive sliding; or any other 177 Defect or material condition. Produced with zipForm© by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com city of muskego 176 Aulhenlislgn ID: 1239AA8C-03EB-EF11-88F8-002248264582 Property Address: See attached Exibit A, , Page 4 of 12, WB-13 178 aa. Archeological artifacts, mineral rights, orchards, or endangered species, or one or more burial sites on the Property. 179 bb. Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f). 18o cc. Other Defects affecting the Property such as any agreements that bind subsequent owners of the property, such as a 181 lease agreement or an extension of credit from an electric cooperative. 182 = GOVERNMENT PROGRAMS: Seller shall deliver to Buyer, within days (15" if left blank) after acceptance 183 of this Offer, a list of all federal, state, county, and local conservation, farmland, environmental, or other land use programs, 184 agreements, restrictions, or conservation easements, which apply to any part of the Property (e.g., farmland preservation 185 agreements, farmland preservation or exclusive agricultural zoning, use value assessments, Forest Crop, Managed Forest, 186 Conservation Reserve Program, wetland mitigation, shoreland zoning mitigation plan or comparable programs), along with 187 disclosure of any penalties, fees, withdrawal charges, or payback obligations pending, or currently deferred, if any. This 188 contingency will be deemed satisfied unless Buyer delivers to Seller, within 7 days after the deadline for delivery, a notice 189 terminating this Offer based upon the use restrictions, program requirements, and/or amount of any penalty, fee, charge, or 190 payback obligation. 191 CAUTION: If Buyer does not terminate this Offer, Buyer is hereby agreeing that Buyer will continue in such 192 programs, as may apply, and Buyer agrees to reimburse Seller should Buyer fail to continue any such program 193 such that Seller incurs any costs, penalties, damages, or fees that are imposed because the program is not 194 continued after sale. The Parties agree this provision survives closing. 195 MANAGED FOREST LAND: If all, or part, of the Property is managed forest land under the Managed Forest Law (MFL) 196 program, this designation will continue after closing. Buyer is advised as follows: The MFL is a landowner incentive 197 program that encourages sustainable forestry on private woodlands by reducing and deferring property taxes. Orders 198 designating lands as managed forest lands remain in effect for 25 or 50 years. When ownership of land enrolled in the 199 MFL program changes, the new owner must sign and file a report of the change of ownership on a form provided by the 200 Department of Natural Resources and pay a fee. By filing this form, the new owner agrees to the associated MFL 201 management plan and the MFL program rules. The DNR Division of Forestry monitors forest management plan 202 compliance. Changes a landowner makes to property that is subject to an order designating it as managed forest land, 203 or to its use, may jeopardize benefits under the program or may cause the property to be withdrawn from the program 204 and may result in the assessment of penalties. For more information call the local DNR forester or visit 205 httr)s://dnr.wisconsin.gov/topic/forestry . 206 USE VALUE ASSESSMENTS: The use value assessment system values agricultural land based on the income that 207 would be generated from its rental for agricultural use rather than its fair market value. When a person converts agricultural 208 land to a non-agricultural use (e.g., residential or commercial development), that person may owe a conversion charge. 209 To obtain more information about the use value law or conversion charge, contact the Wisconsin Department of Revenue's 210 Equalization Bureau or visit http://www.revenue.wi.aov/ . 211 FARMLAND PRESERVATION: The early termination of a farmland preservation agreement or removal of land from such 212 an agreement can trigger payment of a conversion fee equal to 3 times the per acre value of the land. Contact the 213 Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management or 214 visit htto://www.datci).state.wi.us/ for more information. 215 CONSERVATION RESERVE PROGRAM (CRP): The CRP encourages farmers, through contracts with the U.S. 216 Department of Agriculture, to stop growing crops on highly erodible or environmentally sensitive land and instead to plant 217 a protective cover of grass or trees. CRP contracts run for 10 to 15 years, and owners receive an annual rent as well as 218 certain incentive payments and cost share assistance for establishing long-term, resource -conserving ground cover. 219 Removing lands from the CRP in breach of a contract can be quite costly. For more information call the state Farm Service 22o Agency office or visit http://www.fsa.usda.gov/ 221 SHORELAND ZONING ORDINANCES: All counties must adopt uniform shoreland zoning ordinances in compliance with 222 Wis. Admin. Code Chapter NR 115. County shoreland zoning ordinances apply to all unincorporated land within 1,000 223 feet of a navigable lake, pond or flowage or within 300 feet of a navigable river or stream and establish minimum standards 224 for building setbacks and height limits, cutting trees and shrubs, lot sizes, water runoff, impervious surface standards (that 225 may be exceeded if a mitigation plan is adopted and recorded) and repairs to nonconforming structures. Buyers must 226 conform to any existing mitigation plans. For more information call the county zoning office or visit https:Hdnr.wi.Qov/. 227 Buyer is advised to check with the applicable city, town or village for additional shoreland zoning or shoreland-wetland 228 zoning restrictions, if any. 229 FENCES: Wis. Stat. § 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares 230 where one or both of the properties is used and occupied for farming or grazing purposes. 231 CAUTION: Consider an agreement addressing responsibility for fences if Property or adjoining land is used and 232 occupied for farming or grazing purposes. 233 PROPERTY DEVELOPMENT WARNING: If Buyer contemplates developing Property for a use other than the current use, 234 there are a variety of issues that should be addressed to ensure the development or new use is feasible. Buyer is solely 235 responsible to verify the current zoning allows for the proposed use of the Property at lines 251-255. Municipal and zoning 236 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses 237 and therefore should be reviewed. Building permits, zoning or zoning variances, Architectural Control Committee approvals, 238 estimates for utility hook-up expenses, special assessments, changes for installation of roads or utilities, environmental 239 audits, subsoil tests, or other development related fees may need to be obtained or verified in order to determine the 240 feasibility of development of, or a particular use for, a property. Optional contingencies that allow Buyer to investigate certain 241 of these issues can be found at lines 244-304 and Buyer may add contingencies as needed in addenda (see line 682). Produced with zipForm© by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLmix.com city of muskego 177 Aulhentisign ID: 1239AA8C-03EB-EF11-88F8-002248264582 Property Address: See attached Exibit A, , Page 5 of 12, WB-13 242 Buyer should review any plans for development or use changes to determine what issues should be addressed in these 243 contingencies. 244 PROPOSED USE CONTINGENCIES: This Offer is contingent upon Buyer obtaining, at Buyer's expense, the reports or 245 documentation required by any optional provisions checked on lines 256-281 below. The optional provisions checked on 246 lines 256-281 shall be deemed satisfied unless Buyer, within days ("30" if left blank) after acceptance, delivers: (1) 247 written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence 248 substantiating why each specific provision referred to in Buyer's notice cannot be satisfied. Upon delivery of Buyer's notice, 249 this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions 250 checked at lines 256-281. 251 Proposed Use: Buyer is purchasing the Property for the purpose of: 252 253 [insert proposed use 254 and type or style of building(s), size and proposed building location(s), if a requirement of Buyer's condition to 255 purchase, e.g.1400-1600 sq. ft. three -bedroom single family ranch home in northwest corner of lot]. 256 = ZONING: Verification of zoning and that the Property's zoning allows Buyer's proposed use described at lines 257 2 1-255. 258 SUBSOILS: Written evidence from a qualified soils expert that the Property is free of any subsoil condition that 259 would make the proposed use described at lines 251-255 impossible or significantly increase the costs of such 260 development. 261 0 PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) SUITABILITY: Written evidence from a 262 certified soils tester that: (a) the soils at the Property locations selected by Buyer, and (b) all other conditions that must 263 be approved, meet the legal requirements in effect on the date of this Offer to obtain a permit for a POWTS for use of 264 the Property as stated on lines 251-255. The POWTS (septic system) allowed by the written evidence must be one of 265 the following POWTS that is approved by the State for use with the type of property identified at lines 251-255 CHECK 266 ALL THAT APPLY ❑ conventional in -ground; ❑ mound; ❑ at grade; ❑ in -ground pressure distribution; ❑ holding 267 rt�ank• Elother- 268 u EASEMENTS AND RESTRICTIONS: Copies of all public and private easements, covenants and restrictions 289 affecting the Property and a written determination by a qualified independent third party that none of these prohibit or 270 si En delay or increase the costs of the proposed use or development identified at lines 251-255. 271 APPROVALS/PERMITS: Permits, approvals and licenses, as appropriate, or the final discretionary action by the 272 granting authority prior to the issuance of such permits or building permit, approvals and licenses, for the following items 273 related to Buyer's proposed use: 274 275 UTILITIES: Written verification of the location of the following utilit service connections (e.g., on the Property, at 276 the lot line, across the street, etc.) CHECK AND COMPLETE AS APPLICABLE : 277 ❑ electricity ; ❑ gas ❑ sewer ; 278 ❑ water ; ❑ telephone ❑ cable ; 279 ❑ other 280 0 ACCESS TO PROPERTY: Written verification that there is legal vehicular access to the Property from public 281 roads. 282 0 LAND USE APPROVAL/PERMITS: This Offer is contingent upon (Buyer) Seller) ISTRIKE ONE ("Buyer' if neither 283 stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY1 ❑ rezoning; ❑ conditional use permit; 284 ❑ variance; ❑ other for the Property for its proposed use described at lines 251-255. 285 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of 286 acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void. 287 MAP OF THE PROPERTY: This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE I ("Seller 288 providing" if neither is stricken) a Map of the Property dated subsequent to the date of acceptance of this Offer prepared b 289 a registered land surveyor, within days ("30" if left blank) after acceptance, at (Buyer's) (Seller's) ISTRIKE ONE 290 ("Seller's" if neither is stricken) expense. The map shall show minimum of acres, maximum of 291 acres, the legal description of the Property, the Property's boundaries and dimensions, visible encroachments upon the 292 Property, the location of improvements, if any, and: 293 294 STRIKE AND COMPLETE AS APPLICABLE Additional map features that may 295 be added include but are not limited to: staking of all corners of the Property; identifying dedicated and apparent streets; lot 296 dimensions; total acreage or square footage; easements or rights -of -way. 297 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required 298 to obtain the map when setting the deadline. 299 This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers 300 to Seller a copy of the map and a written notice which identifies: (1) the significant encroachment; (2) information materially 301 inconsistent with prior representations; or (3) failure to meet requirements stated within this contingency. Upon delivery of 302 Buyer's notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to Produced with zipForm© by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com city of muskego 178 Aulhentisign ID: 1239AA8C-03EB-EF11.88F8-002248264582 Property Address: See attached Exibit A, Page 6 of 12, WBA3 303 provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written 304 notice of termination to Seller prior to Buyer's Actual Receipt of said map from Seller. 305 1INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a 306 part of this Offer. An "inspection" is defined as an observation of the Property, which does not include an appraisal or testing 307 of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel 308 source, which are hereby authorized. A "test" is defined as the taking of samples of materials such as soils, water, air or 309 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer's 310 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the 311 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise 312 provided, Seller's authorization for inspections does not authorize Buyer to conduct testing of the Property. 313 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of 314 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any 315 other material terms of the contingency. 316 Buyer agrees to promptly restore the Property to its original condition after Buyer's inspections and testing are completed 317 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to 318 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution that may be required to be 319 reported to the Wisconsin Department of Natural Resources. 320 0 INSPECTION CONTINGENCY: This contingency only authorizes inspections, not testing (see lines 305-319). 321 (1) This Offer is contingent upon a qualified independent inspector conducting an inspection of the Property after the date 322 on line 1 of this Offer that discloses no Defects. 323 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an 324 inspection of 325 (list any Property component(s) 326 to be separately inspected, e.g., dumpsite, timber quality, invasive species, etc.) that discloses no Defects. 327 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection, provided 328 they occur prior to the Deadline specified at line 333. Inspection(s) shall be performed by a qualified independent 329 inspector or independent qualified third party. 330 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s). 331 CAUTION: Buyer should provide sufficient time for the Property inspection and/or any specialized inspection(s), 332 as well as any follow-up inspection(s). 333 This contingency shall be deemed satisfied unless Buyer, within days ("15" if left blank) after acceptance, delivers 334 to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the 335 Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects). 336 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement. 337 For the purposes of this contingency, Defects do not include structural, mechanical or other conditions the nature and extent 338 of which Buyer had actual knowledge or written notice before signing this Offer. 339 NOTE: "Defect" as defined on lines 553-555 means a condition that would have a significant adverse effect on the 340 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or 341 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life 342 of the premises. 343 m RIGHT TO CURE: Seller (shall)(shall not) ISTRIKE ONE ("shall" if neither is stricken) have the right to cure the Defects. 344 If Seller has the right to cure, Seller may satisfy this contingency by: 345 (1) delivering written notice to Buyer within ("10" if left blank) days after Buyer's delivery of the Notice of Defects 346 stating Seller's election to cure Defects; 347 (2) curing the Defects in a good and workmanlike manner; and 348 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing. 349 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and: 350 (1) Seller does not have the right to cure; or 351 (2) Seller has the right to cure but: 352 (a) Seller delivers written notice that Seller will not cure; or 353 (b) Seller does not timely deliver the written notice of election to cure. 354 IF LINE 355 IS NOT MARKED OR IS MARKED N/A LINES 403-414 APPLY. 355 F-1 FINANCING COMMITMENT CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a written 356 [loan type or specific lender, if any] first mortgage loan commitment as described 357 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than $ 358 for a term of not less than years, amortized over not less than years. Initial 359 monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender's 360 required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance 361 premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees 362 to pay discount points in an amount not to exceed % ("0" if left blank) of the loan. If Buyer is using multiple loan Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLo(iix.com city of muskeg0 179 Authentisign ID: 1239AA8C-03EB-EF11-88FB-002248264582 Property Address: See attached Exibit A, — Page 7 of 12, WB-13 363 sources or obtaining a construction loan or land contract financing, describe at lines 655-660 or in an addendum attached 364 per line 682. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly 365 apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow 366 lender's appraiser access to the Property. 367 ■ LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise 368 provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments 369 shall be adjusted as necessary to maintain the term and amortization stated above. 370 CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 371 or 372. 371 ❑ FIXED RATE FINANCING: The annual rate of interest shall not exceed %. 372 ❑ ADJUSTABLE RATE FINANCING: The initial interest rate shall not exceed %. The initial interest rate 373 shall be fixed for months, at which time the interest rate may be increased not more than % ("2" if 374 left blank) at the first adjustment and by not more than % ("1" if left blank) at each subsequent adjustment. 375 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % ("6" if 376 left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes. 377 ■ SATISFACTION OF FINANCING COMMITMENT CONTINGENCY: If Buyer qualifies for the loan described in this Offer 378 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitment. 379 This contingency shall be satisfied if, after Buyer's review, Buyer delivers to Seller a copy of a written loan commitment 380 (even if subject to conditions) that is: 381 (1) signed by Buyer; or 382 (2) accompanied by Buyer's written direction for delivery. 383 Delivery of a loan commitment by Buyer's lender or delivery accompanied by a notice of unacceptability shall not satisfy 384 this contingency. 385 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to 386 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commitment 387 Contingency from the Offer and shifts the risk to Buyer if the loan is not funded. 388 ■ SELLER TERMINATION RIGHTS: If Buyer does not deliver a loan commitment on or before the Deadline on line 357. 389 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller's Actual Receipt of 390 written loan commitment from Buyer. 391 ■ FINANCING COMMITMENT UNAVAILABILITY: If a financing commitment is not available on the terms stated in this 392 Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer shall 393 promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of 394 unavailability. 395 0 SELLER FINANCING: Seller shall have 10 days after the earlier of: 396 (1) Buyer delivery of written notice of evidence of unavailability as noted in lines 391-394: or 397 (2) the Deadline for delivery of the loan commitment on line 357, 398 to deliver to Buyer written notice of Seller's decision to (finance this transaction with a note and mortgage under the same 399 terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly. 400 If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to 401 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit 402 worthiness for Seller financing. 403 IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (" T' if left blank) after 404 acceptance, Buyer shall deliver to Seller either: 405 (1) reasonable written verification from a financial institution or third party in control of Buyer's funds that Buyer has, at 406 the time of verification, sufficient funds to close; or 407 (2) 408 [Specify documentation Buyer agrees to deliver to Seller]. 409 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written 410 notice to Buyer prior to Seller's Actual Receipt of a copy of Buyer's written verification. Buyer may or may not obtain 411 mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer's 412 appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not subject 413 to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of 414 access for an appraisal constitute a financing commitment contingency. 415 0 APPRAISAL CONTINGENCY: This Offer is contingent upon Buyer or Buyer's lender having the Property appraised 416 at Buyer's expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated 417 subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than 418 the agreed upon purchase price. 419 This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a copy 420 of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting 421 to the appraised value. 422 ■ RIGHT TO CURE: Seller (shall)(shall not) I STRIKE ONE ("shall" if neither is stricken) have the right to cure. 423 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase 424 price to the value shown on the appraisal report within days ("5" if left blank) after Buyer's delivery of the appraisal Produced with zipForm© by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLo°ix.com city of muskego 180 Aulhentisign10:1239AA8C-03EB-EF11-88F8-002248264582 Property Address: See attached Exibit A, , Page 8 of 12, WBA3 425 report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated 426 by either party after delivery of Seller's notice, solely to reflect the adjusted purchase price. 427 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written 428 appraisal report and: 429 (1) Seller does not have the right to cure; or 430 (2) Seller has the right to cure but: 431 (a) Seller delivers written notice that Seller will not adjust the purchase price; or 432 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the appraisal 433 report. 434 NOTE: An executed FHA, VA or USDA Amendatory clause may supersede this contingency. 435 0 CLOSING OF BUYER'S PROPERTY CONTINGENCY: This Offer is contingent upon the closing of the sale of 436 Buyer's property located at 437 no later than (the Deadline). If closing does not occur by the Deadline, this Offer shall 438 become null and void unless Buyer delivers to Seller, on or before the Deadline, reasonable written verification from a 439 financial institution or third party in control of Buyer's funds that Buyer has, at the time of verification, sufficient funds to close 440 or proof of bridge loan financing, along with a written notice waiving this contingency. Delivery of verification or proof of 441 bridge loan shall not extend the closing date for this Offer. 442 BUMP CLAUSE: If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer that another 443 offer has been accepted. If Buyer does not deliver to Seller the documentation listed below within hours (" 72" if 444 left blank) after Buyer's Actual Receipt of said notice, this Offer shall be null and void. Buyer must deliver the following: 445 (1) Written waiver of the Closing of Buyer's Property Contingency if line 435 is marked; 446 (2) Written waiver of 447 (name other contingencies, if any); and 448 (3) An of the following checked below: 449 Proof of bridge loan financing. 450 0 Proof of ability to close from a financial institution or third party in control of Buyer's funds which shall provide 451 Seller with reasonable written verification that Buyer has, at the time of verification, sufficient funds to close. 452 Other: 453 454 [insert other requirements, if any (e.g., payment of additional earnest money, etc.)] 455 0 SECONDARY OFFER: This Offer is secondary to a prior accepted offer. This Offer shall become primary upon 456 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer 457 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other 458 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to 459 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (" T' 460 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time this 461 Offer becomes primary. 462HOMEOWNERS ASSOCIAT-1-0-N-1 If this Property is subject to a homeowners association, Buyer is aware the Property may 463 be subject to periodic association fees after closing and one-time fees resulting from transfer of the Property. Any one-time 464 fees resulting from transfer of the Property shall be paid at closing by (Seller) (Buyer) I STRIKE ONE ("Buyer" if neither is 465 stricken). ass CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values: 467 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners 468 association assessments, fuel and 469 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used. 47o Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing. 471 Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA : 472 0 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate 473 taxes are defined as general property taxes after state tax credits and lottery credits are deducted.) NOTE: THIS CHOICE 474 APPLIES IF NO BOX IS CHECKED. 475 0 Current assessment times current mill rate (current means as of the date of closing). 476 Sale price, multiplied by the municipality area -wide percent of fair market value used by the assessor in the prior 477 year, or current year if known, multiplied by current mill rate (current means as of the date of closing). 478 0 479 CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be 480 substantially different than the amount used for proration especially in transactions involving new construction, 481 extensive rehabilitation, remodeling or area -wide re -assessment. Buyer is encouraged to contact the local 482 assessor regarding possible tax changes. 483 = Buyer and Seller agree to re -prorate the real estate taxes, through the day prior to closing based upon the taxes on 484 the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com city of muskego 181 Authentisign 10: 1239AABC-03EB-EF11-88F8-002248264582 Property Address: See attached Exibit A, Page 9 of 12. WB-13 485 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall 486 re -prorate within 30 days of Buyer's receipt of the actual tax bill. Buyer and Seller agree this is a post -closing obligation 487 and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction. 488 TITLE EVIDENCE 489 ■ CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed 490 (trustee's deed if Seller is a trust, personal representative's deed if Seller is an estate or other conveyance as 491 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements 492 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use 493 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller's Vacant Land 494 Disclosure Report and in this Offer, general taxes levied in the year of closing and 495 496 (insert other allowable exceptions from title, if 497 any) that constitutes merchantable title for purposes of this transaction. Seller, at Seller's cost, shall complete and execute 498 the documents necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee. 499 WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements 500 may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates 501 making improvements to Property or a use other than the current use. 502 ■ TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of 503 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall 504 pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer's 505 lender and recording the deed or other conveyance. 506 ■ GAP ENDORSEMENT: Seller shall provide a "gap" endorsement or equivalent gap coverage at (Seller's)(Buyer's) 507 STRIKE ONE ("Seller's" if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded 508 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance 509 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or 510 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 516- 511 523). 512 ■ DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney 513 or Buyer not more than days after acceptance ("15" if left blank), showing title to the Property as of a date no more 514 than 15 days before delivery of such title evidence to be merchantable per lines 489-498, subject only to liens which will be 515 paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate. 516 ■ TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of 517 objections to title within days (15" if left blank) after delivery of the title commitment to Buyer or Buyer's attorney. In 518 such event, Seller shall have days ("15" if left blank) from Buyer's delivery of the notice stating title objections, to 519 deliver notice to Buyer stating Seller's election to remove the objections by the time set for closing. If Seller is unable to 520 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the 521 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, Buyer shall deliver 522 written notice of termination and this Offer shall be null and void. Providing title evidence acceptable for closing does not 523 extinguish Seller's obligations to give merchantable title to Buyer. 524 ■ SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced 525 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments 526 shall be paid by Buyer. "Levied" means the local municipal governing body has adopted and published a final resolution 527 describing the planned improvements and the assessment of benefits. 528 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special 529 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. "Other expenses" are 530 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments) 531 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all 532 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact 533 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f). 534 LEASED PROPERTY If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights 535 under said leases and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the 536 (written) (oral) I STRIKE ONE I lease(s), if any, are 537 538 Insert additional terms, if any, at lines 655-660 or attach as an addendum per line 682. 539 IDEFINITIONS 540 ■ ACTUAL RECEIPT: "Actual Receipt" means that a Party, not the Party's recipient for delivery, if any, has the document 541 or written notice physically in the Party's possession, regardless of the method of delivery. If the document or written notice 542 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission. 543 ■ BUSINESS DAY: "Business Day" means a calendar day other than Saturday, Sunday, any legal public holiday under 544 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 www.zioLoaix.com city of muskego 182 Aulhentisign ID: 1239AA8C-03EB-EF11-88F8-002248264582 Property Address: See attached Exibit A, Page 10 of 12, WB-13 545 registered mail or make regular deliveries on that day. 546 ■ DEADLINES: "Deadlines" expressed as a number of "days" from an event, such as acceptance, are calculated by 547 excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the 548 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner 549 except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of 550 "hours" from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by 551 counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific 552 event, such as closing, expire at Midnight of that day. "Midnight" is defined as 11:59 p.m. Central Time. 553 ■ DEFECT: "Defect" means a condition that would have a significant adverse effect on the value of the Property; that would 554 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would 555 significantly shorten or adversely affect the expected normal life of the premises. 556 ■ FIRM: "Firm" means a licensed sole proprietor broker or a licensed broker business entity. 557 ■ PARTY: "Party" means the Buyer or the Seller; "Parties" refers to both the buyer and the Seller. 558 ■ PROPERTY: Unless otherwise stated, "Property" means the real estate described at lines 4-8. 559 1 INCLUSION OF OPTIONAL PROVISIONS I Terms of this Offer that are preceded by an OPEN BOX are part of 560 this offer ONLY if the box is marked such as with an "X". They are not part of this offer if marked "N/A" or are left blank. 561 PROPERTY DIMENSIONS AND SURVEYSI Buyer acknowledges that any land dimensions, or total acreage or square 562 footage figures, provided to Buyer by Seller or by a Firm or its agents, may be approximate because of rounding, formulas 563 used or other reasons, unless verified by survey or other means. 564 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land 565 dimensions, if material. 566 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of 567 the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the 568 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession 569 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession 570 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts, 571 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this 572 Offer to the seller or seller's agent of another property that Seller intends on purchasing. 573 IMAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier 574 of closing or Buyer's occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for 575 ordinary wear and tear. 576 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSINGN If, prior to closing, the Property is damaged in an 577 amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer 578 in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of 579 this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than 580 closing- If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of 581 the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such 582 damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit 583 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed 584 by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring 585 the Property. 586 BUYER'S PRE -CLOSING WALK-THROUGHN Within three days prior to closing, at a reasonable time pre -approved by 587 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no 588 significant change in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and 589 that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties. 590 1OCCUPANCY1 Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in 591 this Offer at lines 655-660 or in an addendum attached per line 682, or lines 534-538 if the Property is leased. At time of 592 Buyer's occupancy, Property shall be free of all debris, refuse, and personal property except for personal property belonging 593 to current tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any. 594 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and 595 conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting 596 party to liability for damages or other legal remedies. 597 If Buyer defaults, Seller may: 598 (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or 599 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual 600 damages. 601 If Seller defaults, Buyer may: 602 (1) sue for specific performance; or 603 (2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both. Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ZiDLoalx.com city of muskego 183 Aulhentisign 10: 1239AA8C-03EB-EF11-88F8-002248264582 Property Address: See attached Exibit A, , Page 11 of 12, WB-13 604 In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability 605 of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Parry 606 defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above. 607 By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the 608 arbitration agreement. 609 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES 610 SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL 611 EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR 612 OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT 613 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED. 614 ENTIRE CONTRACTI This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller 615 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds 616 and inures to the benefit of the Parties to this Offer and their successors in interest. 617 INOTICE ABOUT SEX OFFENDER REGISTRYI You may obtain information about the sex offender registry and persons 618 registered with the registry by contacting the Wisconsin Department of Corrections on the Internet at http://www.doc.wi.gov 619 or by telephone at (608) 240-5830. 620 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT FIRPTA Section 1445 of the Internal Revenue Code (IRC) 621 provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the 622 total "Amount Realized" in the sale if the transferor (Seller) is a "Foreign Person" and no exception from FIRPTA withholding 623 applies. A "Foreign Person" is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign 624 estate. The "Amount Realized" is the sum of the cash paid, the fair market value of other property transferred, and the 625 amount of any liability assumed by Buyer. 626 CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer 627 may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed 628 upon the Property. 629 Seller hereby represents that Seller is a non -Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a 630 condition report incorporated in this Offer per lines 94-97, or (2) no later than 10 days after acceptance, Seller delivers 631 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 637-639 apply. 632 IF SELLER IS A NON -FOREIGN PERSON. Seller shall, no later than closing, execute and deliver to Buyer, or a qualified 633 substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller's 634 non -foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller's non -foreign status, 635 Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this 636 Offer and proceed under lines 601-608. 637 IF SELLER IS A FOREIGN PERSON. If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the 638 amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding 639 amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision. 640 COMPLIANCE WITH FIRPTA. Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, 641 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC 642 §1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall 643 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also 644 shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms, 645 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees. 646 Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed. 647 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption 648 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding 649 FIRPTA. 650 = SELLER PAYMENT OF COMPENSATION TO BUYER'S FIRM: Seller agrees to pay to Buyer's Firm the amount of 651 (e.g., dollar amount, % of purchase price, etc.), toward Buyer's brokerage 652 fees at closing. Payment made under this provision represents an economic adjustment only and does not create any 653 agency relationship between Buyer's Firm and Seller, and the Parties agree Buyer's Firm is a direct and intended third party 654 beneficiary of this contract. 655 ADDITIONAL PROVISIONS/CONTINGENCIES I Seller shall not provide title insurance. Buyer to 656 obtain at buyers cost. Seller shall not provide GAP insurance. Closing shall be at or 657 around the same time as the final plat associated with this property is recorded. 658 659 660 661 IDELIVERY OF DOCUMENTS AND WRITTEN NOTICESI Unless otherwise stated in this Offer, delivery of documents and 662 written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines 663 664-679. Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLooix.com city of muskego 184 Authentisign ID: 1239AA8C-03EB-EF1 1 -88F8-002248264582 Property Address: See attached Exibit A, Page 12 of 12, WB-13 664 (1) Personal: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at 665 line 666 or 667. 666 Name of Seller's recipient for delivery, if any: 667 Name of Buyer's recipient for delivery, if any: 668 0 (2) Fax: fax transmission of the document or written notice to the following number: 669 Seller: ( ) Buyer: ( ) 670 0 (3) Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a commercial 671 delivery service, addressed either to the Party, or to the Parry's recipient for delivery, for delivery to the Party's address at 672 line 675 or 676. 673 0 (4) U.S. Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the 674 Party, or to the Party's recipient for delivery, for delivery to the Party's address. 675 Address for Seller: 676 Address for Buyer: 677 0 (5) Email: electronically transmitting the document or written notice to the email address. 678 Email Address for Seller: 679 Email Address for Buyer: 680 IPERSONAL DELIVERY/ACTUAL RECEIPTI Personal delivery to, or Actual Receipt by, any named Buyer or Seller 681 constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers. 682 0 ADDENDA: The attached 683 This Offer was drafted by [Licensee and Firm] 684 685 686 687 688 689 690 691 692 693 694 695 is/are made part of this Offer. WIRE FRAUD WARNING! Wire Fraud is a real and serious risk. Never trust wiring instructions sent via email. Funds wired to a fraudulent account are often impossible to recover. Criminals are hacking emails and sending fake wiring instructions by impersonating a real estate agent, Firm, lender, title company, attorney or other source connected to your transaction. These communications are convincing and professional in appearance but are created to steal your money. The fake wiring instructions may even be mistakenly forwarded to you by a legitimate source. DO NOT initiate ANY wire transfer until you confirm wiring instructions IN PERSON or by YOU calling a verified number of the entity involved in the transfer of funds. Never use contact information provided by any suspicious communication. Real estate agents and Firms ARE NOT responsible for the transmission, forwarding, or verification of any wiring or money transfer instructions. 696 (X) 697 yer's ignature ere 0 Russet LLC 02/14/2025 Date 698 (X) 699 Buyer's Signature A, Print Name Here Date 700 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS 701 OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE 702 PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A 703 COPY OF THIS OFFER. 704 (x) 705 Seller's Signature & Print Name Here Date 706 (x) 707 Seller's Signature A Print Name Here � 708 This Offer was presented to Seller by [Licensee and Firm] 709 710 This Offer is rejected 711 Seller Initials A Date on Date at a.m./p.m. This Offer is countered [See attached counter] Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Seller Initials A Date city of muskego 185 FlV�IRII DGOSn5 ;;:)P210 STATE BAR OF WISCONSIN FORM 1 - 1988 WARRANTY DEED �t This Deed, made beiwaen JOHN L. IOE AND JAN J. LI-IDE, husband and wife . Crantor, and CITY OF MUSKFGO, a Wisconsin Municipal rormratirnt i Granter. I Grantor. for a valuable consideration, conveys to Crantre the follotving descabedreal esweIn Waukesha Ccsinty.$ta,eoTWlscoruin (tilt: "Propertyl: SEE ATTACHED LEGAL DESCRIPTION MARfCED EXHIBIT "At. » FROM FEE & RM W PO UAWI TO WISCONSIN SCATum §77.25(2r) Tagether wlth allappurtenant rights. title and interests. a° 1 REGIS(ERIS OFFiC 8 i WRUXESHA RE RDED ONt '1`-- 03-21-2N3 10,.35 A MICHAEL J. HASSLINGER REGISTER OF DEEDS REC. FEE: 6.00 REC. FEE -GO: 5.00 REC. FEE-9T: 2.00 TRAN. FEE: TRAN. FEE -STATE: PAGES: ^c iiiJvk/ ! piez I; Name erid RNvn /l'ICroec jAtty Donald S. Molter, Jr. ;Arenz,Molter, Macy & Ri_`f?e, SC P.O. Box 1348 ` Waukesha, 11I 53187-1343 I I Part of MSKC 2229.992.0M IQ� ParW IdcnIUalicn M1'tanccr rPNI Tltds is not: hainesu-nd property. FEE - # � sCa,1) EXEMPT Grantor rrtrrams that the title to Ute Prtpmy is gxL Indefeasible In fee stntp:e aryl frfs and clrar of encutnbranc.�s e:,rept recorded easements and resirictiors and namiaipal and zoning ordinances, and real estate taxes in year of chasing. Doled this 1 day eF-�La s^1!::� � /I aD 3 r\ (SFAL) EAL) JOHN (SEAL) EALI . JAN J. I AUTHENTICATION ACKNOWLEDGMENT Signaturz(s) autlx•nticated Uvs day of TITLE: MEMBER STATE EAR OF WISCONSIN (If not. authorized by 6706.I06. Wts. Scat$.) THIS INSTRUMENT WAS DRAFTED DY Attorney DonaLd S. Molter, Jr. State of Wisconsin, Pemmully can, l•Efure me thls. _ me known to be the person s Instrument and acMlowltd6. the county guy or �1ipDY?tu(rc!'Ijlerf�9Ai}1.: yr. ,. y Aolary Public, State ofV11stai5in My culnmisstat is pemaanent. (II not. state expirarlan date: � ; (Signaturm may bo authenticated or acknowledged. Both are nol ncccasary} �i N+rn+,of pelzin iy7J.Kt t+, ony.�.ccl.•y mn to typed a pro dtdlov deer fkm—e. STATE EAR OF WIWIDINSIN :.wwn:tr t,;.rt ourt(>;.,. hR 186 A 'M lI li EMOIT - - -- -- Being part of Lot 2 Certified Survey Map Number 82M located in the Southwest '/< of the !Northeast of Section 18, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Commencing at the Northwest comer of Lot 2 of Certified Survey Map Number 7037, recorded in Volume 59 of Certified Survey Maps, on pages 161-164, Document No. 1828978. at the Register of Deeds Office. hi Waukesha County, Wisconsin, said point afro being the point of beginning; thence S 886 57'12" W, 148.49; thence 81.79 feet along the arc of a our -,a which center lies to the North, having a radius of 130,0D feet, a chord bearing N 73°01'24° W and a chord length of 80.45 feet; thence N 55°00'00' W, 47.73 feet; thence N 35`00'00" E. 60.00 feet; thence S 55'00'00' E, 47.73 feet; thence 44.04 feet along the arc of a curve which center lies to the North, having a radios of 70-00 feet, a chord bearing S 73°01'24' E. and a chord length of 43.32 feet; thence N 88°57'12" E, 148.49 feet; thence S 01 °02'48' E. 60.00 feet, to the point of beginning. Containing 15,548.00 sq. fL (0.36 acres) more or less. 187 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #012-2025 FINAL RESOLUTION AUTHORIZING AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.0703 AND POTENTIAL OF LEVYING WATER CAPACITY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (WCA) (Nineteenth Amended WCA District) WHEREAS, the Common Council of the City of Muskego, Wisconsin held a public hearing at the Muskego City Hall at 6:00 p.m. on the 25th day of February, 2025 for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed water capacity special assessments for providing the availability of water service in the area described in documents attached hereto, made a part hereof and marked Exhibit "A" and Exhibit "B," and heard all persons who desired to speak at the hearing. NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of Muskego, as follows: 1. That the report of the City Engineer pertaining to the above -described water capacity, including any amendments and modifications thereto, and including plans and specifications, is adopted and approved. 2. That payment for said water capacity be made by assessing part of the cost to the property benefited as indicated in the report and amendments and modifications thereto. 3. That assessments shown on the report, including any amendments and modifications thereto, do represent an exercise of the police power as per §66.0703, Wisconsin Statutes, have been determined on a reasonable basis and are hereby confirmed. That the number of water capacity assessment units (WCA units) to be assigned shall be determined as stated in the City Engineer's report, including any amendment and modification thereto, as adopted by the City of Muskego. The water capacity charge shall be as follows: Category 1 Properties that are connected to existing public water service prior to November 1, 2024, and those properties being served by public water service only after being served by a private water system because public water service was not available, will pay 188 Reso. #012-2025 Page 2 19th Amended WCA District $1,746.00 per WCA unit. The assessment stated above shall be paid on or before November 1, 2024, or if public water service is not connected on or before November 1, 2024, the first November 1 st after which public water service is connected. The $1,746.00 assessment per WCA unit will be increased by $36.00 per water capacity assessment unit per year commencing on the 1 st day of January, 2025. That properties which receive water service from a water trust prior to receiving public water service may receive a reduction in water capacity assessment to be negotiated between the City and said water trust at the time the water trust becomes a part of the public water system based on the value of the assets of the water trust to the public water system. Category 2 All properties not specifically included in Category 1 shall be in Category 2, specifically including all properties which were connected to public water service on or after November 1, 2024, and where there was no previous use of a private water system. The assessment for said properties shall be $2,910.00 per WCA unit. The amount of said assessment shall be paid on or before the first November 1st after public water service connection. The $2,910.00 assessment per WCA unit will be increased by $60.00 per water capacity unit per year commencing on the 1 st day of January, 2025. 5. That the assessments for those connecting to the City of Muskego water system on or before November 1, 2024 may be paid in cash in full on or before November 1, 2024, or in five (5) equal annual installments of principal together with twelve (12) months interest per installment at the rate of 8% per annum on the unpaid balance commencing on November 1, 2024, and said first installment being due on the date when real estate taxes are due and annually thereafter. All assessments or installments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquency real estate taxes shall apply to such special assessment, except as otherwise provided by statute. All assessments for those connecting to the City of Muskego water system after November 1, 2024, may be paid in cash in full on or before the first November 1st after connection or in five (5) equal annual installments of principal together with twelve (12) months interest per installment at the rate of 8% per annum commencing on November 1 in the year of connection or in the year additional capacity is made available, except if said connection or additional capacity is made available after November 1 in any calendar year, then commencing on November 1 of the next calendar year, and said first installment being due on the date when real estate taxes are due and annually thereafter. 189 Reso. #012-2025 19th Amended WCA District Page 3 All assessments or installments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquency real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 6. That all water capacity assessments are deferred as stated in paragraph 4 of this Resolution and on the terms and conditions stated therein. 7. That the Clerk -Treasurer shall publish this Resolution as a Class 1 Notice. DATED THIS 25th DAY OF FEBRUARY 2025. Richard Petfalski Jr., Mayor This is to certify that this is a true and accurate copy of Resolution #012-2025 which was adopted by the Common Council of the City of Muskego. Kerri Roller, City Clerk Published this day of , 2025 190 NOTICE OF PUBLIC HEARING ON AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE IN THE CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN (19t" Amended WCA District) PLEASE TAKE NOTICE that the Common Council of the City of Muskego has declared its intention to exercise its police power under §66.0703, Wisconsin Statues to create Water Capacity Assessment District Number 19, for the purpose of determining the boundaries contained within said District territory located in the City of Muskego, and identifying property owners who may be subject to future area -wide water capacity special assessments, for benefits conferred upon such properties, as a result of debt service and retirement for water connections and other water improvements, to provide water service to the entire newly established territory as described below: See Attached Legal Description Marked Exhibit "A" and Attached Map Marked Exhibit "B" PLEASE TAKE FURTHER NOTICE that in the event future special assessments will be levied against properties in the newly created Water Capacity Assessment District Number 19, the special assessments proposed to be levied are to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. PLEASE TAKE FURTHER NOTICE that levying water capacity special assessments in newly created Water Capacity Assessment Districts (WCA) is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. PLEASE TAKE FURTHER NOTICE that in the event special assessments are levied upon properties contained in the newly created Water Capacity Assessment District Number 19, said special assessments levied are allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when a Final Resolution is adopted by the City's Common Council. PLEASE TAKE FURTHER NOTICE that water capacity special assessments, if levied in the newly created Water Capacity Assessment District Number 19, will be used to pay back the financing incurred by the City of Muskego to create water service improvements as well as other expenses incurred for water service improvements. 191 Public Hearing Notice Page 2 191h Amended WCA PLEASE TAKE FURTHER NOTICE that a Public Hearing will be held by the Common Council at 6:00 p.m. on February 25, 2025, in the Muskego City Hall, W182 S8200 Racine Avenue for the public to voice concerns and ask questions about the creation of Water Capacity Assessment District Number 19 in the City of Muskego in the territory as defined herein and further described on Exhibits "A" and "B" attached hereto. The Council will hear all persons interested, or their agents or attorneys, concerning the matters contained in the Preliminary Resolution Authorizing the Creation of Water Capacity Assessment District Number 19 (WCA) and potential levying of future special assessments against the properties contained within said District. All objections will be heard and considered by the Council when making a final determination of proposed special assessments, which shall be accomplished by the passing of a Resolution to be published as a Class 1 notice, and a Notice of Assessment will be mailed to each property owner affected at the legally required time. Dated at Muskego, Wisconsin this 6t" day of February 2025. 192 . \ % I �� C4 W 1VIUSKEG0 Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From: Scott Kroeger Department: Public Works and Development Subject: Preliminary WCA —19' Amendment Date: February 25, 2025 Background Information: The City of Muskego plans to amend the Water Capacity Assessment (WCA) area. This would be the 19t" amendment to the area. This amendment would allow residents adjacent to the new watermain on Hillendale Drive to hook up to City Water. The Common Council per a Committee of the Whole Meeting that took place on May 14, 2024 allowed City staff to do larger amended areas for better planning and cost efficiencies. A Public Information Meeting (PIM) was held on Tuesday November 12, 2024 at City Hall about this proposed plan. All homeowners in the proposed WCA area amendment 19 were notified of this PIM. City Staff have answered questions before the PIM, during the meeting, and up to the Public Hearing being held today. Key Issues for Consideration: Attachments 1. Signed Preliminary WCA resolution 2. Exhibit A 3. Exhibit B 4. Engineer's Report 5. Final WCA resolution Recommendation for Action by Committee and/or Council: Common Council to approve the Amendment of the Water Capacity Assessment (WAC) area with amendment 19rn Date of Committee Action: Finance Committee February 25, 2025 Planned Date of Council Action (if required): February 25, 2025 Total $ Needed: $ Fiscal Note(s): $ Budgeted: $ Expenditure Account(s) to Be Used: (3/2019) 193 � i/ic C?y of SKEGO February 7, 2025 Dear Resident: ENGINEERING DIVISION W182 S8200 Racine Avenue Muskego, Wisconsin 53150 (262) 679-4145 FAX (262) 679-5614 The City of Muskego will be amending the Water Capacity Assessment District (WCA) due to the installation of a water main on Hillendale Drive. The WCA District is an area proposed to be served by municipal water sometime in the future. The properties adjacent to Hillendale Drive and surrounding properties are not currently in the WCA District; therefore, amending the WCA District is required. The surrounding properties are also being included as part of this amendment as a formality. You will not be forced to connect to municipal water except on point of sale and if water is available. The WCA assessment is only due upon connection to municipal water. The City of Muskego completed an extension of water main as part of the Hillendale Drive Reconstruction project. The project extends from Sunny Hill Drive to Racine Avenue. If your home is not in the project area, you will not have water available to you at this time. The following packet of information includes a copy of the preliminary resolution, hearing notice (including the map and legal description), and engineer's report. The Public Hearing will be held on February 25, 2025, in the Muskego City Hall, W182 S8200 Racine Avenue. Attendance at this meeting is not mandatory. This Public Hearing is following a public informational meeting that was previously held on November 12, 2024. Please feel free to contact me at (262) 679-5686 or at skroeger@muskego.wi.gov if you have any questions or comments. Thank you, City of Muskego Scott Kroeger Public Works and Development Director 194 NOTICE OF PUBLIC HEARING ON AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE IN THE CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN (19t" Amended WCA District) PLEASE TAKE NOTICE that the Common Council of the City of Muskego has declared its intention to exercise its police power under §66.0703, Wisconsin Statues to create Water Capacity Assessment District Number 19, for the purpose of determining the boundaries contained within said District territory located in the City of Muskego, and identifying property owners who may be subject to future area -wide water capacity special assessments, for benefits conferred upon such properties, as a result of debt service and retirement for water connections and other water improvements, to provide water service to the entire newly established territory as described below: See Attached Legal Description Marked Exhibit "A" and Attached Map Marked Exhibit "B" PLEASE TAKE FURTHER NOTICE that in the event future special assessments will be levied against properties in the newly created Water Capacity Assessment District Number 19, the special assessments proposed to be levied are to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. PLEASE TAKE FURTHER NOTICE that levying water capacity special assessments in newly created Water Capacity Assessment Districts (WCA) is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. PLEASE TAKE FURTHER NOTICE that in the event special assessments are levied upon properties contained in the newly created Water Capacity Assessment District Number 19, said special assessments levied are allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when a Final Resolution is adopted by the City's Common Council. PLEASE TAKE FURTHER NOTICE that water capacity special assessments, if levied in the newly created Water Capacity Assessment District Number 19, will be used to pay back the financing incurred by the City of Muskego to create water service improvements as well as other expenses incurred for water service improvements. 195 Public Hearing Notice Page 2 191h Amended WCA PLEASE TAKE FURTHER NOTICE that a Public Hearing will be held by the Common Council at 6:00 p.m. on February 25, 2025, in the Muskego City Hall, W182 S8200 Racine Avenue for the public to voice concerns and ask questions about the creation of Water Capacity Assessment District Number 19 in the City of Muskego in the territory as defined herein and further described on Exhibits "A" and "B" attached hereto. The Council will hear all persons interested, or their agents or attorneys, concerning the matters contained in the Preliminary Resolution Authorizing the Creation of Water Capacity Assessment District Number 19 (WCA) and potential levying of future special assessments against the properties contained within said District. All objections will be heard and considered by the Council when making a final determination of proposed special assessments, which shall be accomplished by the passing of a Resolution to be published as a Class 1 notice, and a Notice of Assessment will be mailed to each property owner affected at the legally required time. Dated at Muskego, Wisconsin this 6t" day of February 2025. 196 EXHIBIT "A" Nineteenth Amended Legal Description for the Water Capacity Assessment (WCA) District Part of the Northeast 1/4, Southeast 1/4 of Section 13, Township 5 North, Range 19 East, and part of the Northwest 1/4, Southwest 1/4 of Section 5, and part of the Northeast 1/4 Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 6, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 7, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 8, located in Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 5 North, Range 20 East; thence bearing S88013'52"W along the Northerly line of said Northeast 1/4 of T 5 N, R20 E, a distance of 1727.05 feet; thence bearing along the City of Muskego municipal line for the next 7 courses; thence bearing S00°52'06"E, a distance of 373.80feet; thence bearing S43°21'29"W, a distance of 142.00 feet; thence bearing S64°07'02"W, a distance of 124.45 feet; thence bearing S87°51'10"W, a distance of 177.02 feet; thence bearing S01 048'07"E. a distance of 236.72 feet; thence bearing S74°43'08"W, a distance of 2238.55 feet; thence bearing S88031'05"W, a distance of 322.63 feet to the West line of the Northeast 1/4 of the Northeast 1/4 of Section 13, T 5 N, R 20 E ; thence bearing line S01°29'28"W along said line, a distance of 1815.91 feet to the center of said section 13; thence bearing N88°17'52"E along the Southerly line of the Northeast 1/4 of Section 13, T5 N, R20 E, 829.00 feet; thence bearing S01 042'54"E, a distance of 2722.76 feet to the centerline of the intersection of Edgewood Avenue and Janesville Rd; thence bearing N71 °36'46"E along the centerline of Janesville Road, also being the City of Muskego municipal limits, a distance of 2586.61 feet; thence bearing N06017'48"W, a distance of 227.47 feet to a point on the centerline of Crowbar Drive; thence bearing N51013'45"E, a distance of 39.12 feet to the Easterly Right -Of -Way (ROW) line of Crowbar Drive; thence bearing N06°17'48"W, alongthe Easterly ROW line of Crowbar Drive a distance of 712.22 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 13; thence bearing N87°30'18"E along the Southerly line of said Northwest 1/4, a distance of 1092.26 feet to the Westerly line of lands described in Warranty Deed No. 3746774; thence bearing NO2°13'24"W along the Easterly line of said lands, a distance of 930.00 feet to the Northly line of said lands; thence bearing N87029'23"E along said line, a distance of 829.25 feet to a point on the Westerly line of Fireside Orchard Subdivision; thence bearing N01 °08'33"W along the Westerly line of Fireside Orchard Subdivision and its Northerly extension, a distance of 1469.87 feet to Southerly line of the NE 1/4 of Section 18-T5N-R20E thence bearing S87032'15"W along the Southerly line of said NE 1/4 a distance of 175.00 feet to the Westerly line of said NE 1/4; thence bearing N01001'58"W along said line, a distance of 1325.45 feet to the North 1/4 corner of said Section 18; thence bearing N00057'07" W along the West line of the SE 1/4 of Section 7, a distance of 1328.46 feet to the North line of the SW 1/4 of the SE 1/4; thence bearing N87008'13"E along said line, a distance of 2373.25 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing N45016'51 "E along said ROW line, a distance of 102.22 feet to the Westerly line of CSM 5747; thence bearing N44°43'33"W along said line, a distance of 253.00 feet to the North line of said CSM; thence bearing N45°08'31 "E along said line, a distance of 240.00 feet to a Westerly line of said CSM; thence bearing N45038'08"W along said line, a distance of 161.84 feet to a Northerly line of said CSM; thence bearing N45016'43"E along said line, a distance of 266.08 feet; 197 thence bearing N89°18'06"E along said line, a distance of 222.49 feet to the Westerly line of CSM 8529; thence bearing N01°43'48"E along said line and its Northerly extension, a distance of 589.79 feet to the Southerly ROW line of Field Drive; thence bearing N88°37'19"E along the Southerly ROW of Field Drive a distance of 1021.47 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing S44°05'47"E, a distance of 71.02 feet to the Easterly ROW line of Hillendale Drive,; thence bearing S45°47'49"W along said ROW, a distance of 1406.54 feet to the Southerly ROW line of Sunny Hill Drive and point of curvature, thence Southeasterly 151.16 feet along the arc of said curve to the right of said ROW line, whose radius is 344.47 feet and whose chord bears S55009'28"E, a distance of 149.95 feet to the Westerly line of Lot 7 of Block B of Hillendale Heights Subdivision; thence bearing S45°13'38"W along said line, a distance of 177.79 feet; thence bearing S01 043'37"E along said line, a distance of 77.50 feet to the Southerly line of Hillendale Heights Subdivision; thence bearing N88022'25"E along said line, a distance of 1916.17 feet to the Westerly Line of Outlot 7 of Lake Forest Addition #1; thence bearing S01 °07'22"W along said line, a distance of 297.36 feet; thence bearing SO4°44'38"W along said line, a distance of 101.26 feet to the Southerly line of Outlot 7; thence bearing N76°21'08"E along said line, a distance of 204.05 feet to the Southerly line of CSM 2840; thence bearing S88°47'19"E along said line, a distance of 605.00 feet to the Easterly line of said CSM; thence bearing N01 049'50"W along the said line, a distance of 360.00 feet to the Southerly line of Lot 3, Block 3, Bay Shore Hills Subdivision; thence bearing S88035'58"W along said line, a distance of 120.00 feet on the Westerly line of said Lot 3; thence bearing N01 008'48"W along said line, a distance of 99.99 feet to the Northerly line of said Lot 3; thence bearing N88°28'51 "E said line, a distance of 151.05 feet to the Easterly line of Lot 2, Block 3 of Bay Shore Hills Subdivision; thence bearing N02022'31 "W along said line, a distance of 238.04 feet to a point on the Southerly ROW of Prospect Drive; thence bearing N33°20'39"W, a distance of 60.09 feet to the Easterly line of Lot 12, Block 1 of Bay Shore Hills Subdivision; thence bearing NO2°02'48"W along said line, a distance of 265.92 feet to the Northerly line of said Lot 12; thence bearing S89°30'42"W along said line, a distance of 107.78 feet to the Easterly line of Hillendale Heights Subdivision, also being the Easterly line of the Southwest 1/4 of Section 8 , T 5 N, R 20 E; thence bearing N01 008'59"W along said line continuing through the center of the section on the Easterly line of the Northwest 1/4 of Section 8, T 5 N, R 20 E, a distance of 932.73 feet to the North line of CSM 5160; thence bearing N88°48'15"E along said line, a distance of 428.42 feet to the Northeast corner of Lot 5, Block 1 of Bay Shore Hills Subdivision; thence bearing S10042'04"E along the Easterly line of said Lot 5, a distance of 159.42 feet to the Northwest corner of Lot 4, Block 1 of Bay Shore Hills Subdivision; thence bearing N88048'12"E along the Northerly line of said Lot 4, a distance of 138.15 feet to the West line of Lot 3, Block 1 of Bay Shore Hills Subdivision; thence bearing N04049'17"W along the said line, a distance of 20.00 feet to the Northerly line of said Lot 3; thence bearing N88032'31 "E along said line and its Easterly extension, a distance of 108.71 feet to the Westerly ROW line of Racine Avenue; thence bearing Northerly along said ROW a distance of 6990.43 feet, to a point on the boundary of the City of New Berlin and the City of Muskego, also being the Easterly line of lands described by Warranty Deed No. 3180311; thence bearing S24017'29"W along said line, a distance of 211.52 feet to the Northerly line of CSM 3767; thence bearing S89023'39"W along said line, a distance of 496.74 feet to the West line of said CSM; thence bearing S00028'29"W along said line, a distance of 1319.97 feet to the Northerly line of the Southwest 1/4 of Section 5, T 5 N, R 20 E; thence bearing S89009'47"W along said Northerly line, a distance of 1986.22 feet to the East 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing 2 198 N46°00'43"W along the centerline of Trans Drive, a distance of 204.31 feet; thence bearing N47°23'46"W along said line, a distance of 473.02 feet; thence bearing N70°02'59"W along said Line, a distance of 91.48 feet; thence bearing S73009'17"W along said line, a distance of 237.97 feet; thence bearing S50022'38"W along said line, a distance of 134.90 feet; thence bearing S24045'19"W along said line, a distance of 170.81 feet; thence bearing S20024'07"W along said line, a distance of 139.86 feet; thence bearing S49025'44"W along said line, a distance of 188.13 feet to the Easterly line of lands described by Warranty Deed No. 4727505; thence bearing N00°44'33"E along said line, a distance of 194.70 feet to the Northerly line of said lands; thence bearing S86052'18"W along said line, a distance of 134.40 feet to the Westerly line of said lands; thence bearing S01111'08"W along said line, a distance of 194.70 feet to the North line of the Southeast 1/4 of Section 6-T 5 N, R 20 E; thence bearing S88052'26"W along said line, a distance of 1314.84 feet to the Center 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S86052'01 "W along the Northerly Line of the Southwest 1/4 of Section 6, T 5 N, R 20 E, a distance of 2711.33 feet to the West 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S00°49'49"E along the Westerly line of said Southwest 1/4 of Section 6, a distance of 2664.89 feet; thence bearing S00048'08"E along the Westerly line of the Northwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2672.31 feet; thence bearing S01 °16'17"E along the Westerly line of the Southwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2641.75 feet to the Point of Beginning. Containing 77,931,830 square feet (1789 acres). (See Attached Map) John M. Schutz, PLS #3253 August 20, 2024 3 199 I .. is `Yy�r �.f ";.�?• ��. •! � r.' � � -' •i" - IN 4 six i. 4 �.,:��:�; :• � .. � ��':., Rl . � :� � � � � .•:� r� tip, .� . �' � „jai• �-" ��' `r [+If .. i.,;., � , �' � 'Mr . � : � ; is � .. _ xr ` ^ � - . � r . SS •YJ � � f �� r O N COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #008-2025 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE UNDER §66.0703, WISCONSIN STATUTES (19th Amended WCA District) RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1. The Common Council hereby declares its intent to exercise its police power under §66.0703, Wisconsin Statutes to levy area -wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked Exhibit "A" and attached map marked Exhibit "B" 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the City's Financial Consultant, its consulting engineer and the Public Works Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water- system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. 6. The Director of Public Works and Development or Designee for the City of Muskego is hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. N O N Reso. 4008-2025 Page 2 7. The City Clerk, after receiving the report, is directed to publish a Class 1 Notice of a Public Hearing, under Chapter 985 of the Wisconsin Statutes, on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.0703(7)(a), Wisconsin Statutes. DATED THIS 28th DAY OF JANUARY 2025. SPONSORED BY: Richard Petfalski Jr., Mayor This is to certify that this is a true and accurate copy of Resolution #008-2025, which was adopted by the Common Council of the City of Muskego. euAA,- P-.&Wm City Clerk Engineer's Report on Proposed Water Capacity Assessments for the City of Muskego — Nineteenth Amendment Waukesha County, Wisconsin In accordance with the resolution of the City of Muskego, we herewith submit our report on Water Capacity Assessments (WCA) to be levied upon all present and future users of the portion of the Muskego Water Utility who are in the attached area (Schedule "V") This report consists of the following schedules: Schedule "A" - Engineer's report dated November 24, 1986 regarding Water Capacity Assessment on file with the City Clerk Schedule "B" - Engineer's report dated February 25, 1991 regarding the First Amended WCA District on file with the City Clerk Schedule "C" - Engineer's report dated October 18, 1996 regarding Water Capacity Assessments on file with the City Clerk Schedule "D" - Engineer's report dated June 23, 1999 regarding the Second Amended WCA District on file with the City Clerk Schedule "E" - Engineer's report dated September 23, 1999 regarding the Third Amended WCA District on file with the City Clerk Schedule "F" - Engineer's report dated September 23, 1999 regarding the Fourth Amended WCA District on file with the City Clerk Schedule "G" - Engineer's report dated October 4, 1999 regarding the Fifth Amended WCA District on file with the City Clerk Schedule "H" - Engineer's report dated June 19, 2000 regarding the Sixth Amended WCA District on file with the City Clerk Schedule "I" - Engineer's report dated January 2, 2002, regarding the Seventh Amended WCA District on file with the City Clerk. Schedule "J" - Engineer's report dated September 17, 2002, regarding the Ninth Amended WCA District on file with the City Clerk. Schedule "K" - Engineer's report dated February 14, 2003, regarding the Eighth Amended WCA District on file with the City Clerk. Schedule "L" - Engineer's report dated February 17, 2003, regarding the Tenth Amended WCA District on file with the City Clerk. Schedule "M" - Engineer's report dated February 17, 2003, regarding the Eleventh Amended WCA District on file with the City Clerk. —1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-1 203 Schedule "N" - Engineer's report dated October 29, 2003, regarding the Twelfth Amended WCA District on file with the City Clerk. Schedule "O" - Engineer's report dated November 19, 2003, regarding the Thirteenth Amended WCA District on file with the City Clerk. Schedule "P" - Engineer's report dated November 7, 2003, regarding the Fourteenth Amended WCA District on file with the City Clerk. Schedule "Q" - Engineer's report dated August 16, 2004, regarding the Fifteenth Amended WCA District on file with the City Clerk. Schedule "R" - Engineer's report dated August 16, 2004, regarding the Sixteenth Amended WCA District on file with the City Clerk. Schedule "S" - Engineer's report dated March 3, 2008 regarding the Seventeenth Amended WCA District on file with the City Clerk. Schedule "T" - Engineer's report dated October 9, 2017 regarding the Eighteenth Amended WCA District on file with the City Clerk. Schedule "U" - Listing of all parcels affected by the proposed WCA. Schedule "V" - Legal description and mapping of the proposed Nineteenth Amended WCA District Schedule "W" - Summary of costs and improvements All present and future users of the Muskego Water Utility that lie within the proposed WCA District against which assessments are proposed are benefited and the improvements constitute an exercise of Police Powers. The improvements consist of those facilities that are not assessed for under the frontage or unit assessment policy and include costs associated with the oversizing of water mains, wells, pump stations, water towers, reservoirs, pump controls and appurtenant facilities. Schedule "A" - See report dated November 24, 1986, on file at the City Clerk's Office Schedule `B" - See report dated February 25, 1991, on file at the City Clerk's Office Schedule "C" - See report dated October 18, 1996, on file at the City Clerk's Office Schedule "D" - See report dated June 23, 1999, on file at the City Clerk's Office Schedule "E" - See report dated September 23, 1999 on file at the City Clerk's Office Schedule "F" - See report dated September 23, 1999 on file at the City Clerk's Office Schedule "G" - See report dated October 4, 1999 on file at the City Clerk's Office —1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-2 204 Schedule "H" - See report dated June 19, 2000 on file at the City Clerk's Office Schedule "I" - Engineer's report dated January 2, 2002 on file at the City Clerk's Office. Schedule "J" - Engineer's report dated September 17, 2002 on file at the City Clerk's Office. Schedule "K" - Engineer's report dated February 14, 2003 on file at the City Clerk's Office. Schedule ' L" - Engineer's report dated February 17, 2003 on file at the City Clerk's Office. Schedule "M" -Engineer's report dated February 17, 2003 on file at the City Clerk's Office. Schedule "N" - Engineer's report dated October 29, 2003 on file at the City Clerk's Office. Schedule "O" - Engineer's report dated November 19, 2003 on file at the City Clerk's Office. Schedule "P" - Engineer's report dated November 7, 2003 on file at the City Clerk's Office. Schedule "Q" - Engineer's report dated August 16, 2004 on file at the City Clerk's Office. Schedule "R" Engineer's report dated August 16, 2004 on file at the City Clerk's Office. Schedule "S" — Engineer's report dated March 3, 2008 on file at the City Clerk's Office. Schedule "T" — Engineer's report dated October 9, 2017 on file at the City Clerk's Office. Schedule "U" - A listing of each parcel affected by the proposed Water Capacity Assessment may be reviewed with the City Clerk by interested persons. Schedule "V" - See attached legal description labeled "Exhibit A" dated August 20, 2024 and map labeled "Exhibit B", dated August 22, 2024. Schedule "W" -Summary of cost of projects and estimates. Estimated costs of improvements, wells, facilities, oversized water mains and system controls A) Additional Well 1, Radium Mitigation $500,000.00 B) Additional Well 2, Radium Mitigation $500,000.00 C) Project MW-32-02 (Janesville Road) Oversize Costs $132,773.00 D) Project MW-33-03 (Janesville Road) Oversize Costs $96,385.00 E) Project MW-35-03 (Parkland Drive) Oversize Costs $139,879.00 —1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-3 205 F) Big Muskego Estates North Connection Oversize Costs (Project MW-34-03) $125,558.00 G) Booster Station — Racine Avenue $225,000.00 H) Water Main Oversize — Racine/Hillendale $64,484.00 I) System Conversion — Well 8 $13,000.00 J) System Conversion — Well 10 — Champions Village $15,000.00 K) System Conversion — Well 11 — Champions Village $15,000.00 L) System Conversion — Well 12 — Lakewood Meadows $15,000.00 M) Well 13 — Well Development and Pump House Construction $1,630,000.00 N) Well 14 — Well Development $2,985.00 O) Well 9 — Building and Pump House $729,253.00 P) Moorland Road Elevated Storage (Allocated 35.95% of $561,239.19 $1,561,167.00 Construction Cost Q) Water main Extension to School Site $200,000.00 R) Deduct Additional Well 1, Radium Mitigation ($500,000.00) S) Deduct Additional Well 2, Radium Mitigation ($500,000.00) T) Hillendale Drive and Racine Avenue Water Main Extension $1,000,000.00 Subtotal: $4,965,556.19 20% Administration, Legal, Land Acquisition and Legal Costs $993,111.24 Total Estimated Value of Improvements $5,958,667.43 Value of WCA's to be collected — 8th Amended Area previously approved or anticipated $327,690.00 Value of WCA's to be collected 9th Amended District previously approved area $245,814.00 Value of WCA's to be collected 1 Oth Amended Area previously approved or anticipated $774,180.00 Value of WCA's to be collected 1 lth Amended Area previously approved or anticipated $31,350.00 -1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-4 206 Value of WCA's to be collected 12th Amended Area previously approved or anticipated $2,970.00 Value of WCA's to be collected 13th Amended Area previously approved or anticipated $978,460.00 Value of WCA's to be collected 14th Amended Area previously approved or anticipated $2,650.00 Value of WCA's to be collected 15th Amended Area previously approved or anticipated $134,064.00 Value of WCA's to be collected 16th Amended Area $153,558.00 previously approved or anticipated Value of WCA's to be collected 17th Amended Area $142,710.00 previously approved or anticipated Value of WCA's to be collected 18th Amended Area $204,180.00 previously approved or anticipated Value of WCA's to be collected 19th Amended Area Value of existing WCA's to be collected 348 @ $1,710.00 = $595,080.00 Value of future WCA's to be collected 28 @ $2,850.00 = $79,800.00 Subtotal of WCA's previously approved or anticipated $3,672,506.00 Total value of anticipated projects $5,958,667.43 Net excess (deficit) value of WCA's $(2,286,161.43) RUEKERT & MIELKE, INC. Consulting Engineers W233 N2080 Ridgeview Parkway Waukesha, WI 53188 August 22, 2024 -1392232 Amended WCA District > 213 19th Amended WCA District > Reports > 20240822-Engineer's Report WCA 19th Amendment-5 207 00 0 N COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #008-2025 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA -WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICE UNDER §66.0703, WISCONSIN STATUTES (19th Amended WCA District) RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1. The Common Council hereby declares its intent to exercise its police power under §66.0703, Wisconsin Statutes to levy area -wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked Exhibit "A" and attached map marked Exhibit "B" 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the City's Financial Consultant, its consulting engineer and the Public Works Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water- system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. 6. The Director of Public Works and Development or Designee for the City of Muskego is hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. rn 0 N Reso. 4008-2025 Page 2 7. The City Clerk, after receiving the report, is directed to publish a Class 1 Notice of a Public Hearing, under Chapter 985 of the Wisconsin Statutes, on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.0703(7)(a), Wisconsin Statutes. DATED THIS 28th DAY OF JANUARY 2025. SPONSORED BY: Richard Petfalski Jr., Mayor This is to certify that this is a true and accurate copy of Resolution #008-2025, which was adopted by the Common Council of the City of Muskego. euAA,- P-.&Wm City Clerk EXHIBIT "A" Nineteenth Amended Legal Description for the Water Capacity Assessment (WCA) District Part of the Northeast 1/4, Southeast 1/4 of Section 13, Township 5 North, Range 19 East, and part of the Northwest 1/4, Southwest 1/4 of Section 5, and part of the Northeast 1/4 Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 6, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 7, and part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, Northwest 1/4 of Section 8, located in Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 5 North, Range 20 East; thence bearing S88013'52"W along the Northerly line of said Northeast 1/4 of T 5 N, R20 E, a distance of 1727.05 feet; thence bearing along the City of Muskego municipal line for the next 7 courses; thence bearing S00°52'06"E, a distance of 373.80feet; thence bearing S43°21'29"W, a distance of 142.00 feet; thence bearing S64°07'02"W, a distance of 124.45 feet; thence bearing S87°51'10"W, a distance of 177.02 feet; thence bearing S01 048'07"E. a distance of 236.72 feet; thence bearing S74°43'08"W, a distance of 2238.55 feet; thence bearing S88031'05"W, a distance of 322.63 feet to the West line of the Northeast 1/4 of the Northeast 1/4 of Section 13, T 5 N, R 20 E ; thence bearing line S01°29'28"W along said line, a distance of 1815.91 feet to the center of said section 13; thence bearing N88°17'52"E along the Southerly line of the Northeast 1/4 of Section 13, T5 N, R20 E, 829.00 feet; thence bearing S01 042'54"E, a distance of 2722.76 feet to the centerline of the intersection of Edgewood Avenue and Janesville Rd; thence bearing N71 °36'46"E along the centerline of Janesville Road, also being the City of Muskego municipal limits, a distance of 2586.61 feet; thence bearing N06017'48"W, a distance of 227.47 feet to a point on the centerline of Crowbar Drive; thence bearing N51013'45"E, a distance of 39.12 feet to the Easterly Right -Of -Way (ROW) line of Crowbar Drive; thence bearing N06°17'48"W, alongthe Easterly ROW line of Crowbar Drive a distance of 712.22 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 13; thence bearing N87°30'18"E along the Southerly line of said Northwest 1/4, a distance of 1092.26 feet to the Westerly line of lands described in Warranty Deed No. 3746774; thence bearing NO2°13'24"W along the Easterly line of said lands, a distance of 930.00 feet to the Northly line of said lands; thence bearing N87029'23"E along said line, a distance of 829.25 feet to a point on the Westerly line of Fireside Orchard Subdivision; thence bearing N01 °08'33"W along the Westerly line of Fireside Orchard Subdivision and its Northerly extension, a distance of 1469.87 feet to Southerly line of the NE 1/4 of Section 18-T5N-R20E thence bearing S87032'15"W along the Southerly line of said NE 1/4 a distance of 175.00 feet to the Westerly line of said NE 1/4; thence bearing N01001'58"W along said line, a distance of 1325.45 feet to the North 1/4 corner of said Section 18; thence bearing N00057'07" W along the West line of the SE 1/4 of Section 7, a distance of 1328.46 feet to the North line of the SW 1/4 of the SE 1/4; thence bearing N87008'13"E along said line, a distance of 2373.25 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing N45016'51 "E along said ROW line, a distance of 102.22 feet to the Westerly line of CSM 5747; thence bearing N44°43'33"W along said line, a distance of 253.00 feet to the North line of said CSM; thence bearing N45°08'31 "E along said line, a distance of 240.00 feet to a Westerly line of said CSM; thence bearing N45038'08"W along said line, a distance of 161.84 feet to a Northerly line of said CSM; thence bearing N45016'43"E along said line, a distance of 266.08 feet; 210 thence bearing N89°18'06"E along said line, a distance of 222.49 feet to the Westerly line of CSM 8529; thence bearing N01°43'48"E along said line and its Northerly extension, a distance of 589.79 feet to the Southerly ROW line of Field Drive; thence bearing N88°37'19"E along the Southerly ROW of Field Drive a distance of 1021.47 feet to a point on the Westerly ROW line of Hillendale Drive; thence bearing S44°05'47"E, a distance of 71.02 feet to the Easterly ROW line of Hillendale Drive,; thence bearing S45°47'49"W along said ROW, a distance of 1406.54 feet to the Southerly ROW line of Sunny Hill Drive and point of curvature, thence Southeasterly 151.16 feet along the arc of said curve to the right of said ROW line, whose radius is 344.47 feet and whose chord bears S55009'28"E, a distance of 149.95 feet to the Westerly line of Lot 7 of Block B of Hillendale Heights Subdivision; thence bearing S45°13'38"W along said line, a distance of 177.79 feet; thence bearing S01 043'37"E along said line, a distance of 77.50 feet to the Southerly line of Hillendale Heights Subdivision; thence bearing N88022'25"E along said line, a distance of 1916.17 feet to the Westerly Line of Outlot 7 of Lake Forest Addition #1; thence bearing S01 °07'22"W along said line, a distance of 297.36 feet; thence bearing SO4°44'38"W along said line, a distance of 101.26 feet to the Southerly line of Outlot 7; thence bearing N76°21'08"E along said line, a distance of 204.05 feet to the Southerly line of CSM 2840; thence bearing S88°47'19"E along said line, a distance of 605.00 feet to the Easterly line of said CSM; thence bearing N01 049'50"W along the said line, a distance of 360.00 feet to the Southerly line of Lot 3, Block 3, Bay Shore Hills Subdivision; thence bearing S88035'58"W along said line, a distance of 120.00 feet on the Westerly line of said Lot 3; thence bearing N01 008'48"W along said line, a distance of 99.99 feet to the Northerly line of said Lot 3; thence bearing N88°28'51 "E said line, a distance of 151.05 feet to the Easterly line of Lot 2, Block 3 of Bay Shore Hills Subdivision; thence bearing N02022'31 "W along said line, a distance of 238.04 feet to a point on the Southerly ROW of Prospect Drive; thence bearing N33°20'39"W, a distance of 60.09 feet to the Easterly line of Lot 12, Block 1 of Bay Shore Hills Subdivision; thence bearing NO2°02'48"W along said line, a distance of 265.92 feet to the Northerly line of said Lot 12; thence bearing S89°30'42"W along said line, a distance of 107.78 feet to the Easterly line of Hillendale Heights Subdivision, also being the Easterly line of the Southwest 1/4 of Section 8 , T 5 N, R 20 E; thence bearing N01 008'59"W along said line continuing through the center of the section on the Easterly line of the Northwest 1/4 of Section 8, T 5 N, R 20 E, a distance of 932.73 feet to the North line of CSM 5160; thence bearing N88°48'15"E along said line, a distance of 428.42 feet to the Northeast corner of Lot 5, Block 1 of Bay Shore Hills Subdivision; thence bearing S10042'04"E along the Easterly line of said Lot 5, a distance of 159.42 feet to the Northwest corner of Lot 4, Block 1 of Bay Shore Hills Subdivision; thence bearing N88048'12"E along the Northerly line of said Lot 4, a distance of 138.15 feet to the West line of Lot 3, Block 1 of Bay Shore Hills Subdivision; thence bearing N04049'17"W along the said line, a distance of 20.00 feet to the Northerly line of said Lot 3; thence bearing N88032'31 "E along said line and its Easterly extension, a distance of 108.71 feet to the Westerly ROW line of Racine Avenue; thence bearing Northerly along said ROW a distance of 6990.43 feet, to a point on the boundary of the City of New Berlin and the City of Muskego, also being the Easterly line of lands described by Warranty Deed No. 3180311; thence bearing S24017'29"W along said line, a distance of 211.52 feet to the Northerly line of CSM 3767; thence bearing S89023'39"W along said line, a distance of 496.74 feet to the West line of said CSM; thence bearing S00028'29"W along said line, a distance of 1319.97 feet to the Northerly line of the Southwest 1/4 of Section 5, T 5 N, R 20 E; thence bearing S89009'47"W along said Northerly line, a distance of 1986.22 feet to the East 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing 2 211 N46°00'43"W along the centerline of Trans Drive, a distance of 204.31 feet; thence bearing N47°23'46"W along said line, a distance of 473.02 feet; thence bearing N70°02'59"W along said Line, a distance of 91.48 feet; thence bearing S73009'17"W along said line, a distance of 237.97 feet; thence bearing S50022'38"W along said line, a distance of 134.90 feet; thence bearing S24045'19"W along said line, a distance of 170.81 feet; thence bearing S20024'07"W along said line, a distance of 139.86 feet; thence bearing S49025'44"W along said line, a distance of 188.13 feet to the Easterly line of lands described by Warranty Deed No. 4727505; thence bearing N00°44'33"E along said line, a distance of 194.70 feet to the Northerly line of said lands; thence bearing S86052'18"W along said line, a distance of 134.40 feet to the Westerly line of said lands; thence bearing S01111'08"W along said line, a distance of 194.70 feet to the North line of the Southeast 1/4 of Section 6-T 5 N, R 20 E; thence bearing S88052'26"W along said line, a distance of 1314.84 feet to the Center 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S86052'01 "W along the Northerly Line of the Southwest 1/4 of Section 6, T 5 N, R 20 E, a distance of 2711.33 feet to the West 1/4 corner of Section 6, T 5 N, R 20 E; thence bearing S00°49'49"E along the Westerly line of said Southwest 1/4 of Section 6, a distance of 2664.89 feet; thence bearing S00048'08"E along the Westerly line of the Northwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2672.31 feet; thence bearing S01 °16'17"E along the Westerly line of the Southwest 1/4 Section 7, Township 5 North, Range 20 East, a distance of 2641.75 feet to the Point of Beginning. Containing 77,931,830 square feet (1789 acres). (See Attached Map) John M. Schutz, PLS #3253 August 20, 2024 3 4 PA I .. is `Yy�r �.f ";.�?• ��. •! � r.' � � -' •i" - IN 4 six i. 4 �.,:��:�; :• � .. � ��':., Rl . � :� � � � � .•:� r� tip, .� . �' � „jai• �-" ��' `r [+If .. i.,;., � , �' � 'Mr . � : � ; is � .. _ xr ` ^ � - . � r . SS •YJ � � f �� COMMON COUNCIL — CITY OF MUSKEGO ORDINANCE #1500 AN ORDINANCE TO AMEND CHAPTER 324 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Taxicabs) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Sections 324-2.A and 324-7 the Municipal Code of the City of Muskego shall be hereby amended as follows: § 324-2. Regulation of taxicabs. A. Generally. No person, firm or corporation shall engage in the business of operating taxicabs, limousines or other public passenger vehicles for transportation of persons for hire, if his or its business is located within the City of Muskego, or the taxicabs, limousines or other vehicles for hire are kept in the City, without having a valid license from the City of Muskego for each taxicab, limousine or vehicle operated. This section shall not prevent vehicles transporting passengers for remuneration from outside of the City from transporting passengers from outside of the City to a destination within the City, without a license, but it shall prohibit all such vehicles from publicly soliciting patronage within the City without a license. § 324-7. Taxicab driver's license. A. No person shall drive a taxicab unless he/she has secured a license as provided in this chapter, in addition to the state chauffeur's license. The annual fee for a taxicab driver's license shall be as from time to time established by resolution. No such license shall be issued to any person who is not competent to operate a motor vehicle or who is not familiar with the traffic laws and ordinances. B. The Police Department shall conduct a criminal background check of all applicants, both new and renewal. The fee for such police report shall be as from time to time established by resolution. After the Police Department has conducted a background check and has recommended that a license be granted, the license application shall be forwarded to the Clerk -Treasurer. Muskego Senior Taxi Service, Inc. is exempt from this requirement. C. Upon payment of the license fee, as from time to time as established by resolution, the license shall be issued by the Clerk -Treasurer. The Finance Committee may revoke any taxicab driver's license for repeated violations of traffic laws or ordinances, for failure of the licensee to maintain motor vehicle equipment as required by Ch. 347, Wis. Stats., or for conduct which is prejudicial to the public safety, welfare, morals or good order of the community. SECTION 2: It is the intent of the Common Council that the provisions of this Chapter are severable. If any section or portion thereof shall be declared by a decision of a Court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision 214 Ordinance #1500 VA shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF FEBRUARY 2025. ATTEST: City Clerk CITY OF MUSKEGO Rick Petfalski, Mayor First Reading: February 11, 2025 Summary of Ordinance Published: , 2025 2/25cmc 215 City of Muskego, W1 Chapter 324 TAXICABS § 324-1. Definitions. § 324-5. § 324-2. Regulation of taxicabs. § 324-9. § 324-3. Insurance required. § 324-4. Inspection required. § 324-10. § 324-5. Conditions of license. § 324-6. Exceptions. § 324-7. Taxicab driver's license. § 324-11. Refusal to pay fare. Suspension or revocation of license; appeals. Regulations to be observed by public passenger vehicle drivers. Violations and penalties. [HISTORY: Adopted by the Common Council of the City of Muskego at time of adoption of Code (see Ch.1, General Provisions, Art. II). Amendments noted where applicable.] § 324-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: CRUISING — Repeatedly and persistently canvassing the streets, or loitering upon said streets in such a manner as to interfere with the orderly movement of traffic or orderly ingress and egress to public and private buildings. LIMOUSINE A category of for -hire, unmetered, unmarked, chauffeur -driven, ground transportation vehicles solely engaged in the business of carrying passengers on a pre -reserved or contract service basis only. TRANSPORTATION NETWORK COMPANY A business that, for compensation, uses a digital network to connect passengers to participating drivers for the purpose of providing transportation network services to those passengers. "Transportation network company" does not include a taxicab, limousine, shuttle, or other for -hire vehicle service. PUBLIC PASSENGER VEHICLE — A vehicle which is used for the transportation of passengers for hire. PUBLIC PASSENGER VEHICLE DRIVER— A person who operates a taxicab, limousine or other public passenger vehicle. TAXICAB — A motor vehicle regularly engaged in the business of carrying passengers for hire, not operated on a fixed route, and equipped with a taximeter or similar device by which the fare is mechanically calculated on the basis of distance traveled or waiting time. TAXIMETER — A device by which the charge for hire of a taxicab is calculated, either for distance traveled or for waiting time, or for both, and upon which such charge is indicated by means of numbers. § 324-2. Regulation of taxicabs. A. Generally. No person, firm or corporation shall engage in the business of operating taxicabs, limousines or other public passenger vehicles for transportation of persons for hire, if his or its business is located within the City of Muskego, or the taxicabs, limousines or other vehicles for hire Downloaded from https:Hecode360.com/MU3544 on 2025-02-06 216 City of Muskego, W1 § 324-2 MUSKEGO CODE § 324-3 are kept in the City, without having a valid license from the City of Muskego for each taxicab, limousine or vehicle operated. This section shall not prevent vehicles transporting passengers for remuneration outside the City to a destination within the City, without a license, but it shall prohibit all such vehicles from publicly soliciting patronage within the City without a license. B. Approval. Applications for licenses for operation of taxicabs and other public passenger vehicles under this chapter shall be approved by the Police Chief or his designee before a license is issued. The applicant shall furnish proof that public convenience and necessity require licensing. The applicant shall also file with the application the number of vehicles to be operated under the license, and the data shall be filed with the Clerk -Treasurer. If an applicant desires to add vehicles or to make a change in the vehicle operated under the license, he shall make and file any additions or substitutions with the Clerk -Treasurer. C. Application. Application for license to operate public passenger vehicles, taxicabs or automobiles for hire upon the streets of the City shall be made by the owner of the public passenger vehicle, taxicab or automobile upon a form to be furnished by the Clerk -Treasurer, and such application shall contain the full name, address, and date of birth of the applicant and the make, model and vehicle identification number of the vehicle or vehicles the applicant proposes to operate and their state license numbers. The applicant shall further list the insurance company carrying the insurance, the policy numbers or number, and the amount of the insurance carried. The Police Department shall conduct a criminal background check of all applicants, both new and renewal. The fee for such police report shall be as from time to time established by resolution. After the Police Department has conducted a background check and has recommended that a license be granted, the license application shall be forwarded to the Clerk -Treasurer. Upon payment of the license fee, as from time to time as established by resolution, the license shall be issued by the Clerk -Treasurer. D. Term of license; fee. The license shall annually expire on December 31, and the fee for the privilege of engaging in the taxicab business shall be as from time to time established by resolution. § 324-3. Insurance required. A. No taxicab license shall be issued until the applicant deposits with the Clerk -Treasurer a policy of liability insurance covering all vehicles to be included under the license. Such policy shall describe each vehicle by make, model and vehicle identification number, number of passengers capable of being accommodated therein at one time, and the number of the state motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in the state and shall insure the licensee against loss from liability to the amount of $1,000,000 for the injury or death of one person in any one accident, and in the amount of $2,000,000 for the injury or death of more than one person in any one accident, and in the amount of $500,000 for damage to property of others for any one accident due to the negligent operation of such vehicle. B. The policy of insurance shall be approved by the City Attorney as to legal form before it is filed and shall contain a separate endorsement that the same may not be canceled before the expiration of its term, except upon 10 days' written notice to the City. C. The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate all licenses issued for the vehicles covered by such insurance policy, unless another policy shall have been filed and approved pursuant to this section and shall be in effect at the time of such cancellation or termination. Every day upon which any vehicle is operated for the conveyance of passengers for hire or when a taxicab or cab or similar transportation is offered Downloaded from https:Hecode360.com/MU3544 on 2025-02-06 217 City of Muskego, W1 § 324-3 TAXICABS § 324-7 to the public without an insurance policy as required herein being in effect and on file with the Clerk - Treasurer shall be deemed a separate violation. § 324-4. Inspection required. A. No person shall operate any public taxicab, limousine, or public passenger vehicle in the City which is mechanically unsafe, particularly in respect to brakes, steering apparatus and tires. Any failed inspection shall result in the suspension of the taxicab's or taxicab driver's license until such defects are in legal working order as required by the Wisconsin Motor Vehicle Code. See Ch. 347, Wis. Stats. B. Any officer of the Muskego Police Department may inspect or cause to be inspected any taxicab, limousine or public passenger vehicle to determine whether it is safe for public hire. The City may inspect or order the inspection from a reputable automobile repair dealership so often as necessary to the enforcement of the provisions of this section. C. Refusal to allow inspection shall be cause for suspension of the taxicab's or taxicab driver's license. § 324-5. Conditions of license. A. Licenses nontransferable. Licenses issued or granted under this chapter shall be nonassignable and nontransferable. B. Information card to be displayed. A card containing the name and photograph of the owner, license number, the number of the vehicle and rates of fare printed thereon shall be placed and at all times kept in a conspicuous place inside such vehicle. C. Liability of licensee. Any licensee shall be liable for any violations of ordinances or statutes by any and all persons operating taxicabs under its license. D. Number of passengers. No licensee or person driving a taxicab shall carry or permit to be carried in any such vehicle more than the number of persons specified in the license applicable to such vehicle. E. Posting rates. Any person operating a taxicab shall, at all times, prominently post and display in the taxicab, so they are visible to the passengers therein, the rates of fares for the use of the cab. F. Marking. Every taxicab shall be distinctly marked on two sides, in letters not less than 1 1/2 inches in height, with the word "Taxicab" together with the licensee's name. G. Convictions. A public passenger vehicle driver may not have more than three convictions for violations of traffic laws or ordinances within any six-month period. H. Further restrictions. Any licensee hereunder shall be subject to such further regulations and restrictions as may be imposed at any time by the Common Council or Finance Committee. § 324-6. Exceptions. A. This chapter shall not apply to persons, firms or corporations engaged in the business of carrying passengers for hire both interstate and intrastate between regularly established points and on regularly established time schedules, nor to the operator of a motor vehicle engaged in the business of transporting school students for hire. B. This chapter shall not apply to transportation network companies. Downloaded from https:Hecode360.com/MU3544 on 2025-02-06 218 City of Muskego, W1 § 324-10 TAXICABS § 324-7. Taxicab driver's license. § 324-11 A. No person shall drive a taxicab unless he has secured a license there€er as provided in this chapter, in addition to the state chauffeur's license. The annual fee for a taxicab driver's license shall be as from time to time established by resolution. No such license shall be issued to any person who is not competent to operate a motor vehicle or who is not familiar with the traffic laws and ordinances. B. The Police Department shall conduct a criminal background check of all applicants, both new and renewal. The fee for such police report shall be as from time to time established by resolution. After the Police Department has conducted a background check and has recommended that a license be granted, the license application shall be forwarded to the Clerk -Treasurer. Muskego Senior Taxi Service, Inc. is exempt from this requirement. C. Upon payment of the license fee, as from time to time as established by resolution, the license shall be issued by the Clerk -Treasurer. The Finance Committee may revoke any taxicab driver's license for repeated violations of traffic laws or ordinances, for failure of the licensee to maintain motor vehicle equipment as required by Ch. 347, Wis. Stats., or for conduct which is prejudicial to the public safety, welfare, morals or good order of the community. § 324-8. Refusal to pay fare. No person who has been transported by a taxicab shall refuse to pay the fare for such transportation as such fare is shown on the taximeter or zone meter, or as is stated on the rate card posted in the taxicab. § 324-9. Suspension or revocation of license; appeals. A. Suspension or revocation. Licenses granted under this chapter may be suspended or revoked at any time by the Finance Committee of the City of Muskego after providing the licensee notice of an opportunity to be heard before the Finance Committee for any violation of this chapter. When a taxicab license is revoked or canceled as herein provided, the City shall immediately notify the owner to cease at once to operate the vehicle for which the license has been revoked as a taxicab. B. Appeals. Any person who receives a revocation of license and objects to all or part thereof may appeal to the Common Council within seven days of the receipt of the order, and the Common Council shall hear such appeal within 30 days of receipt of such written notice of the appeal. After such hearing, the Common Council may reverse, affirm or modify the order or determination. § 324-10. Regulations to be observed by public passenger vehicle drivers. A. Duty to render service. No person holding a taxicab license shall fail or refuse to render service to an orderly person requesting service, provided that this requirement shall not apply when the requested service would be in violation of law, nor when mechanical failure, impassable roads or barriers, strike or act of God prevents the rendition of such service, nor when the prospective passenger is requested to tender and pay the fare in advance and fails to do so. B. No cruising. No public passenger vehicle driver shall engage in the practice of cruising. C. No pickups after initial load. No public passenger vehicle driver, after the vehicle has been hired by a passenger, or passengers traveling together, shall pick up other persons along the route of destination. No such driver shall solicit the permission of the passenger or passengers first hiring the taxicab to pick up other persons. D. Cleanliness. All public passenger vehicles shall be kept in reasonably clean and sanitary condition. Downloaded from https:Hecode360.com/MU3544 on 2025-02-06 219 City of Muskego, W1 § 324-10 TAXICABS § 324-11 E. Must comply with City and state laws. Each public passenger vehicle driver licensed under this chapter must comply with all City, state and federal laws. Failure to do so shall be cause for suspension or revocation of license. § 324-11. Violations and penalties. Any person who violates any provisions of this chapter or who shall fail to obtain a license as required hereunder shall be subject to penalty as provided in § 1-4 of this Code. Downloaded from https:Hecode360.com/MU3544 on 2025-02-06 220 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1501 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (RS-2 to PD / Apple Hills) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from RS-2 — Suburban Residence District to PD — Planned Development District (based on RS-2 — Suburban Residence District: Tax Key Nos. 2229.992.006 / S81 W20871 Russet Court SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after passage and publication subject to approval and recording of a Developer's Agreement and Final Plat. PASSED AND APPROVED THIS 11th DAY OF MARCH 2O25. CITY OF MUSKEGO Rick Petfalski, Mayor First Reading: February 25, 2025 ATTEST: City Clerk Notice of Ordinance Published: 221 CITY OF MUSKEGO NOTICE OF PUBLIC HEARING Q. y PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 6:00 PM, or ' shortly thereafter, on Tuesday, February 25, 2025, at Muskego City Hall, W 182 S8200 Racine Avenue, to considerthe following: Ica, •■ Upon the John Jewell the following described ��je petition of shall area as: _� r Tax Key No. 2229.992.006 / S81 W20871 Russet Court �' • Be granted a rezoning from RS-2 — Suburban Residence District to PD — Planned Development District (based on RS- _fps 2 — Suburban Residence District) for the purpose of allowing the development of a ten (10) lot subdivision known as ti g Apple Hills. The petitioner's application is available for public inspection by contacting the City of Muskego Planning Division. All ; r interested parties will be given an opportunity to be heard. .— t Plan Commission City of Muskego Publish in the Waukesha Freeman Newspaper on February 5, 2025 and February 12, 2025. Dated this 291h day of January, 2025. i 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 AND 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. Russet Ct. NOTICE "Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through For information to this the Planning .1 me • -A 9r appropriate aids and services. additional or request service, contact _ Division at City Hall, W 182 S8200 Racine Avenue, (262) 679-4136." s a � 011 00 S J �a(�e Legend Affected Area ® Properties within 300 ft I: Municipal Boundary 0 Right -of -Way Parcels Structures 4 Lake EScale: 0 390 780 1,560 Feet e � i i i in 222 CITY OF MUSKEGO Staff Report to Common Council February 25, 2025 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: Apple Hills Subdivision/Jewell Rezoning (RS-2 to PD — Planned Development District) Date: February 19, 2025 Background Information: The petitioner, John Jewell of the pending Apple Hills Subdivision, is applying to rezone the development located along Hillendale Drive/Russet Court (Tax Key No. 2229.992.006 / S81 W20871 Russet Court). The proposed rezoning is from RS-2 — Suburban Residence District to PD — Planned Development District (based on the underlying guidelines of the RS-2 — Suburban Residence District). This PD request is to still follow the bulk requirements of the previously granted RS-2 district in place, but with two exceptions as follows: 1. Reduction to the east side street setback on Lot 9 from 40' to 30'. This is requested in order to allow the proposed roadway to the east to be shift westward in order to expand Outlot 1 for proper stormwater management needs. This lot contains an existing home on it that is planned to remain. 2. Reduction to the minimum allowed lot size on Lot 10 from 20,000 SF to 19,932 SF, which is a reduction of 68 SF. This lot reduction is requested in order to allow Outlot 1, which is located just east of this lot, to be expanded for proper stormwater management needs. - SAN Proposed PD changes noted in red above. 223 LYNCH & ASSOCIATES ENGINEERING CONSULTANTS, LLC February 3, 2025 Dear Planning Commission: The rezoning request aims to maintain the existing RS-2 zoning standards with two specific exceptions. 1. The side yard setback requirement on the east side of the corner lot 9 (existing house) adjacent to Sommerfield Lane would be reduced from 40 feet to 30 feet, while maintaining the full 40-foot setback to the north adjacent to Russet Court. 2. The minimum lot size for Lot 10 would be adjusted to 19,932 square feet, below the standard 20,000 square feet. These modifications are necessary to accommodate the stormwater management facility on the adjacent Outlot to the East of Lot 10. The site presents a unique challenge due to the steep slopes, which have complicated stormwater management. During the preliminary plating stage, the stormwater facility was sized but did not account for the additional real estate needed to grade the steep slopes effectively. As a result, the current layout cannot adequately service the subdivision without requiring deed restrictions on impervious surfaces for each individual lot. The proposed changes represent a balanced solution, allowing for the necessary space to construct a properly functioning stormwater facility while preserving the overall intent of the RS-2 zoning standards. We respectfully ask the planning commission to approve the requested 30-foot side yard setback on Lot 9 and the reduction of its minimum lot size from 20,000 square feet to 19,932 square feet. Thank you for your time and consideration. Sincerely, Tom Miles Associate Project Manager LYNCH & ASSOCIATES - ENGINEERING CONSULTANTS, LLC 440 Milwaukee Avenue Burlington, WI 53105 262.402.5040 LW www.lvnch en ineerin .corn 5482 S. Westridge Drive New Berlin, WI 53151 262.402.5040 224 N N N � I 117.2' 111.6' 217.9' 4.6' 148.0' I I co I I I I I LOT 5 � I 20,038 SF LOT 4 20 0� 29.1' \ 0.46 AC 20,415 SF � Eq EMENgGE \ 0.47 AC • NT \ LOT 3 / 0 I 22,788 SF / \ LO 6 �5' 0.52 AC LOT 2 / 20, 0 SF 28,335 SF / \ 9g 0, 0.65 AC / 0. 6 AC /^ / LOT 1 1� 0'� b 22,665 SF I 4Q / 0.52 AC rl 140.7' o / I FT CO � l \ Rr / I I /o o 973, �12.0'g' — — 104.9' — R20p. s OT7 23, 85 SF 0.5 AC / 60 0' w w w w vv w V\ 695, SAN SiN SAN SAN SAN S / / V R260' r- o / /�� a4s 85 "' 104.9' ^ !y 39'po, >> /�� / �12.0' PO A / '�) 04 ��• / ry 3� � / 20.0' I ti LOT 9 /0,658 SF 240, 4000 SEE WALL DETAIL I D; / 0.70 AC LOT 10 SHEET C506 LOT 8 / 19,932 SF `t I J / 20�558ACF / x 0.46 AC FENCE/RAILING, TYP. W / o 154.0 162.7' 10.3' 158 0' 147.3' 0 � I I I I PROPOSED BUILDING SETBACK I I PROPOSED LOT LINES � V) U LU J �p p cn LL V Q V) z U� z < J V J CL (/)-0 H V) V) wZ) � () w �Z OW `n > V o cD CL0 z — N = LU U W W N r Z Z 00 >. to J z Z W v w o� m o z J v) Z CL w Z � 00 `) �' 3 ww w V O c) z ISSUED FOR REVIEW PLAN DATE 09.24.24 DESIGNED BY DEM 0 40' SCALE PROJECT NO. 21.0029 SHEET NO. c 101 FILENAME: P:\Shared\1 Projects\2021\21.0029 John Marek — S81 W20871 Russet Court Muskego — TX ID MSKC 2229992006\CAD\Sheets\21.0029 PLOT DATE: 2/3/2025 4:08 PM SP.dwg