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CCR1987208COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 8208-87 (As Amended) APPROVAL OF EXTENSION OF AGREEMENT BETWEEN DEBACK/LEKFIELD AND CITY OF MUSKEGO WHEREAS, an Agreement between the City of Muskego and Don DeBack Grading and Donald and Eva Lekfield was approved on 8/26/86 to amend the restoration plan for the clay removal project, and WHEREAS, the petitioners and owners have requested an extension of one year to November 1, 1988 to complete the project, and WHEREAS, the Plan Commission has reviewed the request and has recommended approval with the condition that no further extensions be given. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby agree to extend the duration of the attached agreement as mentioned in Paragraphs 2, 8 and 13 from November 1, 1987 to November 1, 1988, and that all remaining provisions of the agreement stay the same and remain in full force and effect, including the Restoration Plan. BE IT FURTHER RESOLVED that proof shall be filed with the City the additional term. that all required bonds, etc. have been continued in effect for BE IT FURTHER RESOLVED that the date in paragraph 8 of the agreement shall be changed from September 15, 1987 to September 15, 1988. BE IT FURTHER RESOLVED that the owners and petitioners shall be responsible for payment of any and all attorney, engineering, inspection fees, and other similar fees incurred by the City concerning this agreement. BE IT FURTHER RESOLVED that it is unlikely tha the City would be in favor of extending this agreement beyond November 1, 1988. BE IT FURTHER RESOLVED that this resolution shall only be effective in amending the agreement after being executed by all the parties within 30 days of today's date. If not executed by all parties within 30 days it shall be null and void. 0 Resolution #208-87 As Amended Page Two DATED THIS 13th DAY OF OCTOBER ATTEST : DON DEBACK GRADING, INC. Petitioner BY Donald DeBack, President vidually and as Power of Atty. Donald Lekfield, Owner, indi- for Beatrice Lekfield CITY OF MUSKEG0 BY Eva Lekfield, Owner Wayne G. Salentine, Mayor 0 Charlotte L. Stewart, Clerk 10/87 AGREEYENT .LlSXDMENT OF 3ESTORAIION PLAN FOR LZKFIZLJ ?.POFE.R.TY LCCATED AT S93 W2i095 HENNEBERRY DRIVE, BETWEEN CITY OF MUSKEGO ("CITY") and CITY OF MUSKEGO DON DE BACK GRADING, INC. ("Petitioner"), and DONALD AND EVA LEKFIELD ("Owner") WHEREAS, the Petitioner, Donald DeBack Grading, Inc., and Donald and Eva Lekfield, as Owners, have requested the City of Muskego to agree to amend the restoration plan for the property located at S93 W21095 Benneberry Drive in the City of Muskego and described on Exhibit *An attached hereto and made a part hereof. NOW, THEREFORE, in consideration of said amendment, IT IS HEREBY AGREED AS FOLLOWS: 1. The premises previously restored by Petitioner consisting of approxi.nately ten (10) acres (Phase I on attached aevised Restoration Plan) shall be restored with a minimum of eight (8) inches 3f topsoil Sy November 1, 1986. 2. That area now stripped (Phase 11) or to be stripped in the future, will be rsstored immediately follovisg Completion of all clay removal, but not later than November 1, 1987, with a minimum of eight (8) inches of topsoil; that there shall be no excav3tion of soil mors than eight (8) inches below the final restoration grade as shown on the Revised Restoration Plan. 3. All stumps and other debris on the property Will be promptly removed by Petitioner within thirty (30) days of execution of this agreement. ?etitioner and 3uners will not allov the premises to be used for that kind of storage at any time in the future. 4. That restoration of the property at the a?propriate grade will continue all the way to Hillendale Drive as shown on Phase I1 of the Revised Restoration Plan. 5. The old building now on the premises will be removed by Owners within thirty (30) days of the execution of this agreement. 6. All engineering and attorney's fees incurred by the City will Se the responsibility of and paid for by Petitioner on execution of this. agreement unless they are incurred after its execution and then they shall be paid on demand of the City. 7. Prior to the execution of this agreement, Petitioner shall furnish the City aith a bond, or other financial guarantee, in form satisfactory to the City Engineer in the sum of Fifty Thousand Dollars ($50,000.00) to insure restoration of the premises in accordance with the Restoration Plan. Said restoration bond shall be maintained and kept in €ull force and effect by Petitioner until the restoration of the premises has been completed to the approval of the City Engineer and the City Engineer agrees to the release of said bond. 8. Prior to the execution of this agreement, Petitioner shall furnish the City with a bond, or other financial guarantee, in form satisfactory to the City Engineer in the sum of Fifty Thousand Dollars ($50,000.00) to insure repairs of any damage to roads from the present to November 1, 1987. The route for hauling Prom the site shall be only on Henneberry Road and Crowbar goad to ilighway 24. The condition of said roads shall be 2. . . .. .. m, reviswed 5y '_he City Engineer by September 15, 1987, as to the necessity of such repairs and the Petitioner agrees to repair said roads to the condition existing prior to the commen.cement of hauling (which is acknowledged to be in good condition) by the 1st day of November, 1987. 9. The existing drainage way on the premises will be relocated in accordance with the Revised Restoration Map attached hereto and in accordance with specifications provided by the City Engineer. 10. The side slopes of the excavation site shall be restored progressively as excavation proceeds and, in order to prevent srosion, Owners agree that said side slopes will not be tilled and further agree to provide the City on execution of this 0 agrzement with a deed restriction in recordable form that said side slo?es will not be tilled a€ter completion of tke restoration of the entire premises and if any erosion rloes occur to the side slopes or the invert, it shall be repaired to the City's satisfaction by the Owners. 11. Upon completion of restoration of the entire premises, Owners agrse that within one (1) month, or as soon as is practicable because of the weather, whichever is shorter, they will either cultivate or provide vegetation over the excavation in order to prevent erosion and, if any erosion does occur to the sita, it shall be repaired to the City's satisfaction by the Owners. 3. 12. ~ecitioner and 0wne:s warrant that Donald Lekfield and Eva Lzkfield are all of the owners of the property in question. 13. All rights of Petitioner and/or Owners under this agreement shall expire on November I, 1987, but their liabilities hereunder snall not expire. 14. That petitioner and Owners shall obtain all other necessary government approvals. 15. That Petitioner shall pay to the City a fee Of Thirty Dollars ($30.00) per year per truck hauling from said site. Dated this d day of , 1986. - DON DE BACK GRADING, INC., Petitioner * BY f+-JA+ d'p& r - Donald DeBack, President Donald Lekf idd, Obher, individually ?ma of >tm.ey for +atrice Lekfiel CITY OF LWSKEGO /"c 1. By & .d lzzz. ' Eva iskf ie-ld, 0 ,ner Wape G. Salo-ntine, -Hayor i f'V7 .' Tharlocte L. Stewart, Clerk 4. c COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION 8208-87 APPROVAL OF EXTENSION OF AGREEMENT BETWEEN AND CITY OF MUSKEGO WHEREAS, an Agreement between the City of Grading and Donald and Eva Lekfield was amend the restoration plan for the clay WHEREAS, the petitioners and owners have of one year to November 1, 1988 to WHEREAS, the Plan Commission has reviewed and has extensions be given. recommended approval with the condition NOW, THEREFORE, BE IT RESOLVED that the City of Muskego, upon the recommendation of/the Plan Commission, does hereby agree to extend the duration of the attached agreement as mentioned in Paragraphs and 13 from November 1, 1987 to November 1, 1988, and that provisions of the agreement stay the same and and effect, including the Restoration Plan. BE IT FURTHER RESOLVED that proof ?.hall be filed with the City that all required bonds, etc. have been continued in effect for the additional term. / DATED THIS DAY OF , 1987. ATTEST : Ald. Mitchel Penovich City Clerk / Petitioner BY Donald Lekfield, Owner, indi- vidually and as Power of Atty. for Beatrice Lekfield CITY OF MUSKEG$ / BY / Wayne G. Salentine, Mayor Eva Lekfield. Owner / 10187 Char tte L. Stewart, Clerk