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CCR1985120RESOLUTION //120-85 (As Amended) AUTHORIZING APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEGO AND LITTLE MUSKEGO LAKE ASSOCIATION (Jewel Creek Drainage Project) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby Muskego and the Little Muskego Lake Association and authorized approve the attached Agreement (As Amended) between the City of the Mayor and Clerk to execute same in the name of the City. DATED THIS 9th DAY OF July , 1985. FINANCE COMMITTEE Ald. Edwin E, Dumke - Ald. Ralph Tomczyk& ATTEST: City Clerk jm AGREEMENT (As Amended) WHEREAS, the City of Muskego, hereinafter referred to as "CITY", hereinafter referred to as "ASSOCIATION", both wish to see and the LITTLE MUSKEGO LAKE ASSOCIATION, a Wisconsin corporation, certain improvements made to Jewel Creek; and WHEREAS, the CITY is able to obtain certain government grants for this purpose from the Federal and/or State Government; and WHEREAS, the ASSOCIATION is willing to pay certain costs of the improvements to Jewel Creek over and above the amounts actually paid by grants stated above, with 50% of the costs incurred by the City Attorney relative to this project to be included in the City's retainer, and 50% of the costs to be the responsibility of the Little Muskego Lake Association, NOW, THEREFORE, for valuable consideration, acknowledged by each party, it is agreed as follows: 1. That the CITY shall make a reasonable good faith effort to obtain grants from the Federal and/or State Government to Grant Application, and that it is contemplated that the CITY will complete the project described in the Scenic Urban Waterways obtain approximately $34,000.00, which is approximately 80% of the anticipated project costs. 2. That the ASSOCIATION shall pay any and all other costs of said project including but not limited to title expense, cost of land acquisition and relocation, construction cost, engineering fees, any litigation cost growing out of said project, etc. and shall indemnify and hold the CITY harmless from any such costs agreed that the CITY's liability insurance shall cover any directly related to the cost of construction. It is mutually liability claims which shall be both paid and defended by the CITY'S insurer. However, the ASSOCIATION shall pay any costs of protection has been exhausted. defense and losses which might occur after the CITY'S insurance 3. That the ASSOCIATION shall within ten (10) days of the date of execution of this Agreement by the last party, deposit into an account of the CITY's choice and a bank of the CITY'S choice the sum of TWENTY THOUSAND ($20,000) DOLLARS. That said account shall be in the name of the CITY OF MUSKEGO and the CITY may distribute funds from said account after review from the City of Muskego has sole discretion as it deems appropriate to designated members of the Association. After advisement, the pay any of the expenses, costs, etc. of the JEWEL CREEK SCENIC URBAN WATERWAY PROJECT. That said account shall at all times contain an amount that the CITY, in good faith, believes adequate Agreement, but never less than FIVE THOUSAND ($5,000) DOLLARS and to pay all expenses, costs, damages, etc. stated in this that the ASSOCIATION upon written demand by the CITY shall replenish said account. That the ASSOCIATION'S responsibility for maintaining said account shall terminate after final payment to contractors and upon completion of said project. a c -2- LITTLE MUSKEGO LAKE ASSOCIATION OF MUSKEGO . h DATE 7-/L7-&?5 D AUTH .OR .I2 ,ING A RESOLUTION 11120-85 (As Amended) .ND LITTLE MUSKEGO LAKE ASSOCIATION APPROVAL OF AGREEMENT BETWEEN CITY OF (Jewel Creek Drainage Project) / / BE IT RESOLVED that the of Muskego, upon the recommendation does hereby Muskego and the Little approve the attached the City of the Mayor and Clerk DATED THIS DAY OF 1985. INANCE COMMITTEE c ATTEST: / City Clerk DEFERRED 6/11/85 DEFERRED 6/25/85 AGREEMENT WHEREAS, the City of Muskego, hereinafter referred to as "CITY", and the LIT (As Amended) costs of the the Little Muskego Lake Association. 1. That th cenic Urban Waterways mplated that the CITY will 2. That the ASSOCIATION shall and claims shall inde account at its sole discretion upon no WATERWAY PROJECT. said account shall at all times contain an amount that the Y, in good faith, believes adequate to pay all expenses, cost amages, etc. stated in this Agreement, but never less than FI ASSOCIATION upon HOUSAND ($5,000) DOLLARS and that the -2- LITTLE MUSKEGO LAKE ASSOCIATION DATE CITY OF MUSKEGO DATE 0 RESOLUTION 11120-85 AUTHORIZING APPROVAL OF AGREE AND LITTLE MUSKEGO (Jewel Creek Dr BE IT RESOLVED that the Common upon the recommendation of the approve the attached Agreement the Little Muskego Lake Associa and Clerk to execute same in th DATED THIS DAY OF , 1985. FINANCE COMMITTEE ATTEST: City Clerk Ald. Mitchel Penovich DEFERRED 6/11/85 ii AGREEMENT / hereinafter referred to as "ASSOCIATION", both wish t certain improvements made to Jewel Creek; and n costs of the party, it is agreed as follows: able good faith effort to State Government to account of the CI sum of TWENTY THO shall be set u e CITY shall replenish said account. That the -2- LITTLE MUSKEGO LAKE ASSOCIATION 4 D l e 0 CITY OF MUSKEGO