CCR2008113-LetterAgreement
REMOVED: 06/10/2008
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #113-2008
RESOLUTION AUTHORIZING LETTER AGREEMENT
WITH ACE INDUSTRIAL PROPERTIES, INC.
WHEREAS, The City entered into a Development Agreement with Ace Industrial Properties, Inc.
(the “Developer”) per Resolution #220-2007 to develop the Muskego Commerce Center located
on the west side of Moorland Road as part of TIF #10; and
WHEREAS, A water booster station was part of the utility approvals for the Muskego Commerce
Center development and upon construction of the development it has been found that the
booster station does not support the development of the Muskego Commerce Center that the
developers are putting together; and
WHEREAS, The booster station supports water to the private parcels to the north along College
Avenue within TIF #10; and
WHEREAS, The attached Letter Agreement amends the original Developer Agreement with the
Muskego Commerce Center developers and sets forth that the City will pay for the booster
station in an amount not to exceed $143,650.00; and
WHEREAS, The TIF is within the earmarked amounts set forth in the TIF Project Plan approved
by Council with this expenditure.
NOW, THEREFORE, be it resolved by the Common Council of the City of Muskego, Waukesha
County, Wisconsin, that the Development Agreement is amended and approved, and the Mayor
is authorized to execute the Letter Agreement, for and on behalf of the City, with such insertions
therein or changes and corrections thereto as shall be approved by the Mayor and TIF Attorney.
DATED THIS DAY OF , 2008.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Tracy Snead
Ald. Keith Werner
Ald. Tina Schaefer
REMOVED: 06/10/08
This is to certify that this is a true and accurate copy of Resolution #113-2008 which was
adopted by the Common Council of the City of Muskego.
____________________________
Clerk-Treasurer
LETTER AGREEMENT
City of Muskego
Attention: Mayor John R. Johnson
W182 S8200 Racine Ave
P.O. Box 749
Muskego, WI 53150-0749
Re: Confirmation of Reimbursements for Booster Station
Dear Mayor Johnson:
This letter agreement constitutes an amendment to, and clarification of, that certain
nd
Development Agreement (the "Development Agreement") made and entered into the 2
day of April, 2008, by and between Ace Industrial Properties, Inc. (the “Developer”) and
the City of Muskego (the “City”).
By way of background, the Development Agreement specifies and defines certain work
responsibilities of the parties as "Developer Improvements," "Dedicated Improvements"
and "City Improvements." A question arose after the Development Agreement was
signed concerning the responsibility for construction of the booster station since it was
mistakenly omitted as a specifically described improvement under any of those defined
categories. The Exhibits to the Development Agreement, however, make reference to
the booster station being located on Exhibit D-2 which describes the water and sewer
improvements to be undertaken by the Developer. The City and the Developer
recognize that the booster station is primarily designed to serve offsite users along
College Avenue. For that reason and for the reason that it is the understanding of the
parties that this work qualifies as a TIF improvement under the TIF Project Plan, the
parties acknowledge and agree that the booster station work is and shall be deemed to
be a Dedicated Improvement to be constructed by the Developer, transferred to the
City, and reimbursed as an additional cost not to exceed a total of $143,400 to the
Developer as such, in accordance with the terms of the Development Agreement. The
booster station work includes the installation of the booster station and all related
expenditures in connection therewith as detailed in the proposal received from D.F.
Tomasini Contractors, Inc. attached hereto and incorporated by this reference as Exhibit
1. The City acknowledges that the Developer has or will retain D.F. Tomasini
Contractors, Inc. to undertake to install the booster station in accordance with plans and
specifications reviewed, approved and accepted by the City.
Each of the parties are signing this Letter Agreement to confirm that the Developer will
undertake the work and that the City will be responsible for reimbursing the Developer
for such work once the Developer has otherwise complied with its responsibilities under
the Development Agreement including the dedication of such improvements as detailed
therein.
The undersigned approve this Letter Agreement on the date written opposite their
names.
ACE INDUSTRIAL PROPERTIES, INC.
Dated: By:
Authorized Representative
CITY OF MUSKEGO
Dated: By:
Mayor John R. Johnson
Exhibit 1