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CCR1969134RESOLUTION 1'134-69 RESOLUTION REGARDING HOLDING TANK BOND AGREEMENT WITH BRISTOL OAKS COW. WHEREAS, Bristol Oaks Corporation, a Corporation authorized to do business in the State of Wisconsin, is currently operating a a country club, and business in the City of Muskego for the purpose of the operation of WHEREAS, the approval of the State Board of Health must be obtained prior to the installation of a holding tank to be used in connection with said country club, and WHEREAS, the State Board of Health now requires the deposit of One Thousand ($1,000.00) Dollars with the city to guarantee com- pliance with the rules and regulations of the State Board of Health, and WHEREAS, the State Board of Health requires the City of Muskego to service said tank if the owner thereof does not, NOW, THEREFORE, BRISTOL OAKS CORPORATION is firmly held and bound unto the City of Muskego. Wisconsin. the amount of One Thousand ($1,000.00) Doilars cash upon the following terms and -I conditions: 1. Owner will construct and install a holding tank in accordance with the rules and regulations of the State Board of Health. 2. Owner shall have the tank pumped by a licensed septic tank pumper with sludge and other material removed from the holding tank and hauled to a.n approved place of dis- posal in accord with the Wisconsin Statutes, Chapter 146, Chapter RD 13 and Section H 62.20 of the Wisconsin Admin- is tra tive Code. 3. In the event it becomes necessary for the city to service said tank or to perform any other obligation im- posed upon the owner with respect to the operation and maintenance of said tank, then the expense thereof shall be paid for by the city out of the cash bond on deposit. The City shall submit a statement of its expenses to the owner. The owner upon receipt of said statement shall then furnish additional bond cash in a sum sufficient to maintain the amount on deposit with the city in the minimum sum of One Thousand ($1,000.00) Dollars at all times. 4. When the use of said holding tank is terminated by the owners, its successors or assigns by reason of an approved substituted method of sewage disposal, this bond shall be cancelled and the amount of cash held by the city pursuant hereto shall be returned to the mer. PASSED AND ADOPTED THIS 9th DAY OF Dec. , Mayor 1969. ATTEST: &$L Lf+* City Clerk AGREEMENT made this f 4 day of December Y 1969, by and between Bristol Oaks Corporation, a corporation authorized to do business in the City of Muskego, hereinafter termed "Owners"; and CITY OF MUSKEGO, a Municipal Corporation, hereinafter termed "City". WHEREAS owners have titled to and a.re currently operating a country club on the attached described property marked "Exhibit A" Now, therefore, in consideration of these mutual covenants, it is agreed: 1. Owners will install on the described premises a sewage holding tank of the type and in the manner approved by the State Board of Health. 2. Owners will, during the usage of said tank, properly maintain the same in accordance with all official health require- ments, and will properly service the said tank. 3. Owners will, within thirty (30) days after public sewer is available to the described premises, connect all sanitary facilities on said premises to the sewer system and remove the holding tank and all piping thereto from their premises. 4. Owners agree that they will comply with all other rules and regulations of the State Board of Health with respect to holding tanks and with the rules and regulations of the City of Muskego pertaining thereto. To guarantee performance thereof owner has deposited with the City Treasurer a bond in the amount, of One Thousand ($1,000.00) Dollars cash pursuant to the terms of a performance bond hereto annexed and made a part of this agreement. - 5. City hereby guarantees the State Boa.rd'of-.Health that said holding tank will be adequately serviced during the period of its operation. IN WITNESS HEREOF, the parties have set their hands and seals. PERFORMANCE BOND WHEREAS, Bristol Oaks Corporation, a corpor ation auth oriz ed to do business in the state of Wisconsin is currently operating a country club in the City of Muskego, and I) WHEREAS, the approval of the State Board of Health must be obtained prior to the installation of a holding tank to be used in connection with said country club, and WHEREAS, the State Board of Health now requires the deposit of One Thousand ($1,000.00) Dollars with the city to guarantee compliance with the rules and regulations of the State Board of Health; and e WHEREAS, the State Board of Health requires the City of Muskego to service said tank if the owner thereof does not; NOW, THEREFORE, BRISTOL OAKS CORPORATION is firmly held and bound unto the City of Muskego, Wisconsin, the amount of One Thousand ($1,000.00) Dollars cash upon the following terms and conditions: 1. Owner will construct and install a holding tank in accordance with the rules and regulations of the State Board of Health. 0 2. Owner shall have the tank pumped by a licensed septic tank pumper with sludge and other material removed from the holding tank and hauled to an approved place of disposal in accord with the Wisconsin Statutes, Chapter 146, Chapter RD 13 and Section H 62.20 of the Wisconsin Administrative Code. 3. In the event it becomes necessary for the city to service said tank or to perform any other obligatinn imposed upon the owner with respect to the operation and maintenance of sa.id tank, then the expense thereof shall be paid for by the city out of the cash bond on deposit. The city shall submit a statement of 0 Page 2. its expenses to the owner. The owner upon receipt of said statement shall then furnish additional bond cash in a sum sufficient to maintain the amount on deposit with the city in the minimum sum of One Thousand ($1,000.00)Dollars at all times. 4. When the use of said holding tank is terminated by the owners, its successors or assigns by reason of an approved substituted method of sewage disposal, this bond shall be cancelled, and the amount of cash held by the city pursuant hereto shall be returned to the owner. BRISTOL OAKS CORPORATION In Presence Of: STATE OF WISCONSIN) WAUKESHA COUNTY ) ss. e Donald E. Wieselmann and Bette Bowyer, being first duly e sworn on oath, depose and say that they are officers, to-wit; Mayor and Clerk of the City of Muskego; that they have read the above agreement and know the contents thereof; that the same is true of their own personal knowledge, except as to those marters stated therein on information and belief, and as to those matters they believe it to be true; that they make this verification in behalf of the City of Muskego and are duly authorized so to do. A Donald E. Wieselmann, Mayor r" 2<g /& Bette J. Bowyer, City Clerk RECEIPT The City of Muskego does hereby acknowledge receipt of a the sum of One Thousand ($1,000.00) Dollars cash pursuant to terms of this agreement and performance bond thereto annexed. CITY OF MUSKEG0