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CCR1970235RESOLUTION 112 3 5 - 7 0 HOLDING TANK BOND AGREEMENT WITH WALTER G. KOENIG WHEREAS, Mr. Walter G. Koenig has requested to install a holding tank on property owned by him on a part of the SWk of '* 28, 1962, by Kenneth E. Berke, and Sec. 1, T5N, mOE, City of Muskego, Wisconsin, known as Lot #3 on the west side of Sherwood Circle, Certified Survey done February WHEREAS, the approval of the State Board of Health must be obtained to the installation of a holding tank to be used in the proposed new home of Mr. Koenig, 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 WHEREAS, the State Board of Health requires the City o:E Muskego to service said tank if the owner thereof does not, and a WHEREAS, the Waukesha County Health Board has approved the installation of said holding tank, NOW, THEREFORE, WALTER G. KOENIG, is firmly held and bound unt' 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 regula.tions 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 an approved place of disposal in accordance with the Wis. Statutes, Ch. 146, Ch. RD 13 and Sec. 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 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 sf-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. DATED THIS '* DAY OF L-b , 1970. e ATTEST: 4- City Clerk -2 AGREEMENT made this /D day of )/dh&ht4 ,1970, b:y and between Walter G. Koenig, hereinafter termed "Owner" and CITY OF MUSKEGO, a Municipal Corporation, hereinafter termed "City". WHEREAS, owner has requested permission to install a holding tank @n the attached described property marked "Exhibit A". a Now, therefore, in consideration of these mutual covenants, it is agreed: 1. Owner will install on the described premise a sewage holding tank of the type and in the manner approved by the State Board of Health. 2. Owner,will, during the usage of said tank, properly maintain the same in accordance with all official health requirements, 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. Owner agrees that he will comply with all other rules and regulations to 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 Trea.surer 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 . 81- -a 5. City hereby guarantees the State Board 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. BY Walter G. Koenig ATTEST: . Bette J. Bowyer, CYty Clerk 2 "" ""