CCR1987231COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #231-87
AUTHORIZE EXECUTION OF AGREEMENT BETWEEN
CITY OF MUSKEGO AND HAROLD DEBACK
(Industrial Park Drainage)
BE IT RESOLVED that the Common Council of the City of Muskego
does hereby authorize the Mayor and Clerk to execute the
attached Agreement and Contract in the name of the City
relating to the cleaning and widening of the existing ditch in
the Industrial Park Addn. No. 1.
0 DATED THIS 1 dp1 DAY OF xm,l)&) , 1987.
rc/
ayp G. Salentine, Mayor
3
AGREEMENT
WHEREAS, the City of Muskego, hereinafter referred to as
"CITY", and HAROLD DeBACK, hereinafter referred to as "A.D.", want
the CITY to enter a contract, a copy of which is attached hereto
and marked Exhibit "1": and
WHEREAS, H.D. and the CITY will both benefit from the work to
be done under said contract: and
WHEREAS, H.D. wishes the "spoils" of the work to be done
under said contract to be placed on his land described in Exhibit
"2" attached hereto and made a part hereof, and wishes to level
them as required by a DNR permit to be issued as a condition
precedent to this project proceeding and the CITY to a certain
elevation.
NOW, THEREFORE, for valuable consideration acknowledged by
both parties, IT IS AGREED AS FOLLOWS:
0
1. H.D. is responsible for part of the cost of the entire
project and shall pay the amount or $3,860.00 to the CITY on
execution of this Agreement, 51,880.00 to the contractor when due
under said contract and H.D.'s proportionate share of any
additional costs of the project on demand of the CITY.
2. A.D. agrees to the "spoils" being put on his property
described in Exhibit "2" and agrees to level the same as required
by the DNR permit and the CITY to a certain elevation.
3. That the CITY may not proceed with this project as
described in Exhibit "1" and this contract, at the CITY'S sole
option, shall be null and void and any monies received by the CITY
shall be returned to H.D. if the CITY does not proceed with the
project described in Exhibit "1".
Dated this day of , 1987.
CITY OF MUSKEG0
By:
Wayne G. Salentine, Mayor * By:
Harold DeBack
Charlotte L. Stewart, Clerk
T
."""""_ ~. ~ " .~~". . "" . """"" EXHIBIT 1~1~1
PROPOSAL
WOLF CONSTRUCTION CO., INC.
612 NORTH SAWYER ROAD OCONOMOWOC. WISCONSIN 53066 PHONE 965-2121
933-0707
City of Muskego Attn: Willard Bertram JOB
w182 S8200 Racine Ave.
Box 903 AOORESS
CITY STATE
DATE 1/1/88 PAGE NO. OF 1 PAGES
Wolf Cmstruction Co. agrees to clean and wih misting ditch (approx. 600 ft.)
long as per my meting with Bert.
20' bottaa 4: 1 side slopes. flu1 spoil to rercain on site. This to be done for a
price of $1880.00 0 Job to be completed and paid for Januny 1988.
accordance with the above specifications.
We hereby propose to furnish labor and materials comple:o in
FOR THE SUM OF SJ
ALL INVOICES ARE TO BE PAID
NET 30 DAYS
Any additions to this contract must be authorized for by the ac-
ceptor of this contract /!flF- Id Edwards, Vice President
A~I labor and material is conclusively accepted as satistacrory
unless excepted to in writing within 7 days of performance.
completed in a ,workmanlike manner according :c standard xac-
All material is guaranteed to be as specified. All work is k be
tices.
Finance Charge . 1.50% per month. 18% annually.
I)
beyond our control.
I agreements contingent upon strikes. accidents or de!ays
Owner to carry fire, tornado and other necessary insurance.
Our workers are fully covered by Workman's Compensation In.
This proposal not valid after 30 days.
Not responsible for damage lo concrete walks.
If proposal is accepted, please return signed white COPY.
surance.
AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW,
BUILDER HEREBY NOTIFIES OWNER THAT PERSONS OR COM.
PANIES FURNISHING LABOR OR MATERIALS FOR THE CON.
STRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON
OWNER'S LAN0 AND BUlLOlNGS IF NOT PAID. THOSE ENTITLED
TO LIEN RIGHTS, IN ADDITION TO THE UNOER6IGNED BUILDER.
ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR
THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER
THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CON.
STRUCTION. ACCORDINGLY. OWNER PROBABLY WILL RECEIVE
NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS
FOR THE CONSTRUCTION, 4ND SHOULD GIVE A COPY OF EACH
NOTICE RECEIVED TO HIS MORTGAGE LENDER. IF ANY. BUILDER
AGREES TO COOPERATE WITH THE OWNER AN0 HIS LENDER. IF
ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY
PAID.
DATE ACCEPTEO
SIGNATURE
EXHIBIT "2"
Legal Description Tax Key No. 2223.993
Owner: Harold R. DeBack
Pt SW 114 SW 114 Sec 16 T5N R20E the S 5.88 C of NW 114 SW 114
C, Th NE to Bgn. 30 Ac. Ex That Sold Hy R271/498 Ex CS 241182
& NE 114 SW 114 Lying W of Hy Corn At NE Cor, Th W 20 C, Th S 15
Ex V661/372 Sold to City 3/85