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CCR2008146-TC Agreement Exhibit A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEGO AND THE TESS CORNERS VOLUNTEER FIRE DEPARTMENT WHEREAS, the Tess Corners Volunteer Fire Company, hereinafter referred to as “Tess Corners,” and the City of Muskego, hereinafter referred to as “City,” entered a certain Agreement dated March 10, 1999 (such agreement referred to herein as the “1999 Agreement”); and WHEREAS, Tess Corners maintains a fire station and fire fighting equipment at W144 S6731 Tess Corners Drive and a Substation at S100 W13444 Loomis Drive, Muskego, Wisconsin; and WHEREAS, Tess Corners is an independent corporation organized under the provisions of Wisconsin Statute Chapters 181 and 213; and WHEREAS, for many years the City and Tess Corners have cooperated in providing fire services to certain areas of the City on a contract basis; and WHEREAS, in the past the City has provided the necessary funds to Tess Corners for the purchase and maintenance of necessary fire fighting equipment as well as the purchase and maintenance of land and buildings to house the same; and WHEREAS, the City has not mutually agreed with the Muskego Volunteer Fire Company for fire protection for that portion of the City where protection was previously provided by the Muskego Volunteer Fire Company; and WHEREAS, until this time the Muskego Volunteer Fire Company has provided fire protection services to that portion of the City not provided with fire protection services by Tess Corners; and WHEREAS, Tess Corners has indicated to the City that it can protect the entire City using only its present facilities and personnel, subject to the terms of this agreement (referred to herein as the “First Amendment”); and WHEREAS, the City does not currently possess the personal and real property that heretofore has been occupied and used by the Muskego Volunteer Fire Company; and the City will demand such property from the Muskego Volunteer Fire Company, and litigation may ensue; and this First Amendment is intended to address the interim period pending resolution of such property issues, and thereafter the parties anticipate entering a new agreement which is likely to replace this First Amendment and the 1999 Agreement. NOW, THEREFORE, the parties to this First Amendment, in consideration of the mutual covenants contained herein, do hereby agree as follows: rd 1. Commencing on the 23 day of July, 2008, at 12:01 o’clock a.m. Tess Corners shall provide fire protection services to the entire City of Muskego. 2. The City shall pay to Tess Corners the following sums, provided such costs do not exceed $20,000 per month unless otherwise specifically approved by the City, for the additional fire protection services to be rendered under this First Amendment: a. Facility Costs. City shall pay the actual costs for Tess Corners to rent a building to house equipment on the West side of the City as necessary to perform pursuant to this First Amendment. Tess Corners may rent such a facility on a short term basis, with a term of less than or equal to six months, which may be renewed if necessary during the term of this First Amendment. b. Equipment Costs. City shall pay the actual costs for Tess Corners to rent additional equipment that is necessary to perform pursuant to this First Amendment, which may include a pumper truck. Tess Corners may rent such equipment on a short-term basis only, with a term of less than or equal to six months, which may be renewed if necessary during the term of this First Amendment. c. Incidental Costs. The parties recognize that the change from serving a portion of the City to serving the entire City will require additional costs, to restructure the department and its equipment, and for the additional costs of service. The parties cannot quantify these incidental costs in advance, and instead agree that the City will have the general obligation to reimburse the actual incidental costs incurred due to this First Amendment. Tess Corners shall present invoices for such costs to the City. 3. In the event that the Facility Costs, Equipment Costs, and Incidental Costs, noted above, exceed $20,000 per month, Tess Corners may request that the City pay such additional amounts. Such request shall be made in advance of the excess obligation being incurred, except advance approval is not required for unforeseeable expenses. The City agrees to pay such additional amounts that were approved in advance or were unforeseeable, upon presentation of invoices for such costs, unless the City finds that such costs exceed the amount reasonably necessary for Tess Corners to perform this First Amendment. 4. Tess Corners shall continue to provide fire protection services to the City throughout the term of this First Amendment until it is notified in writing by the City, at its sole discretion, that these additional services are no longer needed; and this First Amendment shall terminate upon such notification. 5. Tess Corners represents to the City that it has acceptable facilities, equipment and personnel to provide fire protection to the entire City. 6. Tess Corners shall maintain adequate fire and casualty insurance on all real and personal property used in the performance of this First Amendment and the 1999 Agreement in an amount equal to not less than the replacement value of all property, and shall maintain adequate liability insurance, insuring the City against claims for damage because of, or resulting from any property damage, injury or death sustained in an amount of at least two million dollars ($2,000,000). 7. Except as expressly modified herein, all provisions of the 1999 Agreement remain in full force and effect. 8. This First Amendment shall continue in effect, unless terminated pursuant to Section 4, until the first to occur of the following events: a. The date that the parties enter an agreement which expressly replaces this First Amendment and the 1999 Agreement. b. July 22, 2010, unless extended in writing by the parties. TESS CORNERS VOLUNTEER CITY OF MUSKEGO FIRE COMPANY By:_________________________ By:____________________________ John Johnson, Mayor By:_________________________ By:____________________________ Janice Moyer, Clerk Subscribed & sworn to before me Subscribed & sworn to before me this ____ day of ________, 200__. this ____ day of _________, 200__. _____________________________ ______________________________ NOTARY PUBLIC, STATE OF WI NOTARY PUBLIC, STATE OF WI My commission:_________________ My commission:_________________