Loading...
CCR1988235AMENDED RESOLUTION #235-88 APPROVAL OF EXTENSION OF AGREEMENT BETWEEN DEBACKILEKFIELD AND CITY OF MUSKEG0 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 two years to November 1, 1990 to complete the project, and WHEREAS, the Public Welfare Committee has recommended denial of be approved, and the two year extension request and recommend a 30 day extension WHEREAS, the Plan Commission has reviewed the request and has recommended approval with the condition that no further extensions be given and with other conditions as stated below. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Pluskego, 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, 1988 to November 1, 1990, except as amended later in this document, and that all remaining provisions of the agreement stay the same and remain in full force and effect except as stated below, and except that the Restoration Plan is amended to add the provision of Exhibit A-1, attached hereto. BE IT FURTHER RESOLVED that proof shall be filed with the City that all required bonds, etc. have been continued in effect for the additional term and cover any amendments. agreement shall be changed to September 15, 1990. BE IT FURTHER RESOLVED that the date in paragraph 8 of the BE IT FURTHER RESOLVED that the owners and petitioners shall be responsible for payment of any and all attorney and engineering execution of this agreement Mr. h Mrs. Lekfield and Don DeBack fees incurred by the City concerning this agreement. That on Grading shall submit $3,000.00 to the City to cover other administrative expenses which is non-refundable. If said expenses exceed that amount, said parties will be billed and the bills will be paid immediately, time being of the essence, and if not paid, it shall be considered an event of default on the agreement. BE IT FURTHER RESOLVED that it is unlikely that the City would be in favor of extending this agreement beyond November 1, 1990 COMMON COUNCIL - CITY OF MUSKEG0 0 .. Resolution B235-88 Page Two i ! BE IT FURTHER RESOLVED pursuant to the Amended Restoration Plan, the addition to said plan being Exhibit A-1 being attached hereto and made a part hereof, the restoration of the premises is to be completed in phases at the times indicated on said exhibit and in agreement; that each phase must be completely restored to the the manner indicated on all the documents which are part of the City's satisfaction prior to the commencement of further clay removal; the parties hereto, other than the City, must obtain the written approval of the City as to each restoration prior to commencing further clay removal. BE IT FURTHER RESOLVED if for any reason whatsoever any phase of on or before the dates indicated on the attached Restoration Plan the project is not completely restored to the City's satisfaction completely restored on or before November 1, 1990, time being of including Exhibit A-1 and/or if the entire premises is not the essence as to each restoration, there shall be forfeited to the City as a penalty over and above any other damages or claims the sum of $10,000 which shall be secured by an irrevocable stand-by Letter of Credit in a form satisfactory to the City Attorney and drawn upon a financial institution acceptable to the City. 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. DATED THIS 25th DAY OF October , 1988. Ald. Mitchel Penovich ATTEST : City Clerk DON DEBACK GRADING, INC. Petitioner BY Donald DeBack, President Donald Lekfield, Owner, indi- vidually and as Power of Atty. for Beatrice Lekfield CITY OF MUSKEG0 BY Wayne G. Salentine, Mayor Eva Lekfleld, Owner e 1 0188 Jean K. Marenda, Clerk October 20, 1988 RE: LEKFIELD CLAY EXCAVATION / PHASE I - December 10. 1988 / Clean up trees, stumps,’boulders & etc., bury same in low area adjacent to Henneberry Road. Use spoil from hole to fill low area adjacent to Henneberry Road. .. PHASE I1 - September 21, 1989 from the south line, the south slope will be graded to a 4:l slope. Topsoil will be placed on same and seeded. After excavation of the clay peninsula jutting out PHASE I11 - September 22, 1990 Excavate clay at both ends of south slope, excavate remaining clay on floor, relocate swale thru property. Replace topsoil on Phase XI and seed to complete restoration i t revi=we.l iy the City Engineer by Ssstember 15, 1907, as to the necessity 05 such resairs and the Petitioner agrass to resair said r3ads t3 the czndition existing prior to the commenc=nent of I hauling (vhich is acknovledged to be in good condition) by the 1st day of November, 1907. I 9. TSe existing dzainage way on the praises will be relocaced in accordance vitS the Revised Restoration Map attached hezeto and in accordance with sgecifications Brovided by the City c;lgi?eer. - 10. The side sloces of t5e excavation sits shall be z=s:3rzC! prsgrassivsly as ex;a.vazicn proceeds and, in ordsr to ;r=v=n= srosion, Owners zczse that said side slopes will not be tills2 and further agrse to Sr3viee the City on execztion of this ag;s=~ent aith a deed rsstriction in racordablr fora that said si2= sLo?es xill not be tilled aE=er cornpletioq of t::e rsszar3:ion oE the en:::= pr3nises and if any erosion Zoes occur 53 che sF5e slo2es or the inverz, it shall be rqaired to the Ci:y's satisfaction by the Ownezs. 0 11. upon completion of restoration of the entire ?remises, Cwners agrze that within one (1) month, Or as 50011 as is - practicable because of the weather, whichever is shortsz, they -. -. will sither cultivate or provide vegetation over the excavation in order to prevent orasion and, if any erosion does OCC- to the sits, it shall be cepairsd to the City's Satisfaction bY the Owners. 0 3. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #235-88 APPROVAL OF EXTENSION OF AGREEMENT AND CITY OF MUSKEG0 WHEREAS, an Agreement between the City Grading and Donald and Eva Lekfield amend the restoration plan for the WHEREAS, the petitioners and owners of two years to November 1, 1990 to WHEREAS, the Public Welfare the two year extension WHEREAS, the Plan recommended extensions NOW, be approved, and of the agreement stay below, and except that estoration Plan is amended to add the provision of Exhibit hereto. BE IT FURTHER shall be filed with the City that all been continued in effect for and effect except as stated amendments. 8 of the shall be and refundable. / If said expenses exceed that amount, said parties will be bil'led and the bills will be paid immediately, time being of default on the agreement. of the essence, and if not paid, it shall be considered an event BE IT FURTHER RESOLVED that it is unlikely that the City would be in favor of extending this agreement beyond November 1, 1990 Resolution 1235-88 Page Two BE IT FURTHER RESOLVED pursuant to the Amended Restoration Plan, and made a part hereof, tSe restoration of the premises is to be the addition to said plan being Exhibit A-1 being attached hereto completed in phases at th2 times indicated on said exhibit and in agreement; that each phase must be completely restored to the the manner indicated on all the documents which are part of the City's satisfaction prior to the commencement of further clay removal; the parties hereto, other than the City, must obtain the written approval of the City as t3 each restoration prior to commencing further clay removal. BE IT FURTHER RESOLVED if for any reason whatsoever any phase of on or before the dates indicated on the attached Restoration Plan the project is not completely restored to the City's satisfaction completely restored on OK before November 1. 1990, time being of including Exhibit A-1 and/or if the entire premises is not the essence as to each restoration, there shall be forfeited to the City as a penalty over and above any other damages or claims stand-by Letter of Credit in a forn satisfactory to the City the sum of $10,000 which shall be secured by an irrevocable Attorney and drawn upon a financial institution acceptable to the City. BE IT FURTHER RESOLVED that this resolution shall only be effective in amending the agreernent after being executed by all all parties within 30 days it shall be null and void. the parcies within 30 days of today's date. If not executed by DATED THIS DAY OF , 1988. ATTEST: Ald. Mitchel lenovich City Clerk . .- DON DEBACK GRADING, INC. . . . .- " - Petitioner BY Donald DeBack, President Donald Lekfield, Owner, indi- vidually and as Power of Atty. for Beatrice Lekfield CITY OF MUSKEG0 BY Tjayne G. Salentine, i-layor Eva Lektield, Owner -- . . . . . . - . . . Jean K. Marenda, CL erK 1 o/aa , . October 20, 1988 RE: LEKFIELD CLAY EXCAVATION PHASE I - December 10, 1988 Clean up trees, stumps, boulders & etc., bury same in low area adjacent to Henneberry Road. Use spoil from hole to fill low area adjacent to Henneberry Road. PHASE I1 - September 21, 1989 from the south line, the sauth slope will be graded to a 4:l slope. Topsoil will be placed on same and seeded. After excavaticn of the clay peninsula jutting out 0 PHASE I11 - September 22, 1990 Excavate clay at both ends of south slope, excavate Replace topsoil on Phase I1 and seed to complete restoration remaining clay on floor, relocate swale thru property.