CCR1988286TABLED - 1/10/89
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #286-88
PRELIMINARY AGREEMENT REGARDING SPECIAL ASSESSMENTS
ACCEPTING THE PETITIONS FOR IMPROVEMENTS AND
(Lift Station Improvements &
General Public Improvements)
WHEREAS, the attached Petitions for Improvements and
Preliminary Agreement Regarding Special Assessments (Lift
Station Improvements h General Public Improvements) have been
submitted by Country Club Villages, Inc., and
WHEREAS, the Finance Committee has reviewed the petitions and
has submitted them to the Common Council without
recommendation.
NOW, THEREFORE, RE IT RESOLVED that the Common Council of the
City of Muskego does hereby accept the Petitions for
Assessments (Lift Station Improvements & General Public
Improvements and Preliminary Agreement Regarding Special
Improvements) as submitted, and authorizes the Mayor and Clerk
to execute the agreements in the name of the City.
DATED THIS DAY OF , 1988.
FINANCE COMMITTEE
Ald. Mitchel Penovich
, /?
ATTEST :
City Clerk
12/88
jz
General Public Improvements DRAFT 12-6-88
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PRELIMINARY AGREEMENT REGARDING SPECIAL ASSESSMENTS
PETITION FOR IMPROVEMENTS AND
WHEREAS, Country Club Villages, Inc., a Wisconsin
Corporation (glCCVfl) is the owner of certain property located in
the City of Muskego, Wisconsin (the "CCV Property") i and
WHEREAS, ccv desires that the City of Muskego, Wisconsin
(the l1Municipality1l) undertake certain public improvements that
benefit the CCV Property;
NOW, THEREFORE, ccv and the Municipality hereby agree as
follows:
Section 1. Petition For Improvements. CCV requests that
the Municipality undertake the construction of sanitary and
storm sewer improvements, street lighting improvements, water
mains and lateral extensions, street improvements, water system
improvements, and related improvements and expenses to benefit
the CCV .Property (the l'Improvementsll) .
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Section 2. Payment For Costs of Improvements Throuqh
SDecial Assessments. CCV agrees that all direct and indirect
costs of the Improvements (including the costs of design,
development, engineering, construction, fabrication,
installation and inspection, and financing costs, financial"
advisory fees and legal fees) shall be levied by the
I Municipality as special assessments against each of the parcels
~ that is a part of the CCV Property. In addition, if CCV elects
to pay its special assessments in annual installments, it shall
pay, as part of the costs of the Improvements included in the
special assessments, the costs of capitalized interest and all
other issuance expenses for the special assessment B bonds
issued by the Municipality to anticipate the collection of such
assessments.
The Municipality shall levy special assessments against the
ccv Property in conformity with this Agreement, pursuant to
Section 66.60 of the Wisconsin Statutes (the "Special
Assessments"). The Special Assessments shall be payable in cash
or in annual installments, plus interest.
Section 3. Waiver of Rishts: Acknowledqement of Benefit.
CCV hereby waives, pursuant to Section 66.60(18) of the
Wisconsin Statutes, any and all requirements of the Wisconsin
Statutes which must be met prior to the imposition of special
assessments (including, but not limited to, the notice and
hearing requirements of Section 66.60 and the notice
requirements of Section 66.54(7)) and agrees that the
Municipality may proceed immediately to levy the Special
Assessments as outlined herein. CCV further waives its right to
appeal from the Special Assessments and stipulates that the
amount of the Special Assessment to be levied against its
property will be determined on a reasonable basis and that the
benefits to its property from the proposed Improvements will
exceed the amount of the Special Assessments against such
property.
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Section 4. Covenants of the Municivalitv. The
Municipality agrees that:
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(a) The Improvements will be made in accordance with the
plans and specifications to be provided by an engineer agreeable
to the Municipality and CCV.
(b) It will advertise for bids for the construction of the
Improvements and, when awarded, will award the construction bids
to the lowest responsible bidders. The Municipality will
supervise the construction of the Improvements through
completion, will enforce all provisions of the construction
contracts, and any damage adjustments will be credited against
the cost of the Improvements.
(c) It will adopt all resolutions and take all other steps
necessary in order to levy the Special Assessments to pay the
costs of the Improvements.
(d) It will issue area-grouped special assessment B bonds
in an aggregate principal amount not to exceed the unpaid
principal amount of the Special Assessments pursuant to Section
66.54 of the Wisconsin Statutes in anticipation of the
collection of any Special Assessments which are to be paid in
installments.
Section 5. Additional Securitv. In order to provide the
Municipality with additional security for the payment of the
Special Assessments, CCV shall grant a first mortgage on the CCV
Property to Municipality.
Section 6. Ensineerins Costs Advance. CCV agrees to
advance the Municipality funds to pay engineering costs incurred
by the Municipality until the award of the construction bids
(the IIEngineering Costs Advance"). - ,.., the Municipality and Tr
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CCV agree that the Improvements should . be undertaken, the
Municipality agrees to reimburse CCV for the Engineering Costs
Advance out of proceeds of special assessment B bonds issued in
anticipation of the special assessments to be levied against the
CCV Property for the costs of the Improvements, If the
Municipality and CCV agree that the Improvements should not be
undertaken, CCV agrees that the Municipality is not required to
reimburse CCV for the Engineering Costs Advance.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed as of the day of December, 1988.
(SEAL)
(SEAL)
cc “L-
Secretary
CITY OF MUSKEGO, WISCONSIN
By :
Mayor
Attest:
City Clerk
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Lift Station Improvements
DRAFT 12-7-88
PRELIMINARY AGREEMENT REGARDING SPECIAL ASSESSMENTS
PETITION FOR IMPROVEMENTS AND
WHEREAS, Country club Villages, Inc., a Wisconsin
Corporation (~ICCV~~) is the owner of certain property located in
the City of Muskego, Wisconsin (the VCV Property") i and
WHEREAS, Muskego Lakes Corporation, a Wisconsin Corporation
("Muskego Lakes") is the owner of certain property located in
the City of Muskego, Wisconsin (the IIMuskego Lakes Property'').
WHEREAS, CCV and Muskego Lakes desire that the City of
Muskego, Wisconsin (the l*Municipalityll) undertake certain public
improvements that benefit the CCV Property and the Muskego Lakes
Property :
NOW, THEREFORE, CCV, Muskego Lakes and the Municipality
0 hereby agree as follows:
Section 1. Petition For Improvements. CCV and Muskego
Lakes request that the Municipality undertake the construction
of a wastewater lift station and a force main, and related
improvements and expenses to benefit the CCV Property and the
Muskego Lakes Property (the f11mprovements81) .
Section 2. Pavment For Costs of Improvements Throuqh
SRecial Assessments. CCV and Muskego Lakes agree that all
direct and indirect costs of the Improvements (including the
costs of design, development, engineering, construction,
fabrication, installation and inspection, and financing costs,
financial advisory fees and legal fees) shall be levied by the
Municipality as special assessments against each of the parcels 0 that is a part of the CCV Property and the Muskego Lakes
Property. In addition, if CCV or Muskego Lakes elect to pay its
special assessments in annual installments, it shall pay, as
part of the costs of the Improvements included in the special
assessments, the costs of capitalized interest and all other
issuance expenses for the special assessment B bonds issued by
the Municipality to anticipate the collection of such
assessments.
The Municipality shall levy special assessments against the
CCV Property and Muskego Lakes Property in conformity with this
Agreement, pursuant to Section 66.60 of the Wisconsin Statutes
(the "Special Assessments"). The Special Assessments shall be
payable in cash or in annual installments, plus interest.
Section 3. Waiver of Ricrhts: Acknowledsement of Benefit.
CCV and Muskego Lakes hereby waive, pursuant to Section
66.60(18) of the Wisconsin Statutes, any and all requirements of
the Wisconsin Statutes which must be met prior to the imposition
of special assessments (including, but not limited to, the
notice and hearing requirements of Section 66.60 and the notice
requirements of Section 66.54(7)) and agree that the
Municipality may proceed immediately to levy the Special
Assessments as outlined herein. CCV and Muskego Lakes further
waive their rights to appeal from the Special Assessments and
stipulate that the amount of the Special Assessment to be levied
against their property will be determined on a reasonable basis
and that the benefits to their property from the proposed
Improvements will exceed the amount of the Special Assessments
against such property.
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Section 4. Covenants of the Municipality. The
Municipality agrees that:
(a) The Improvements will be made in accordance with the
plans and specifications to be provided by Ruekert & Mielke,
Inc., the Municipality's engineers.
(b) It will advertise for bids for the construction of the
Improvements and, when awarded, will award the construction bids
to the lowest responsible bidders. The Municipality will
supervise the construction of the Improvements through
completion, will enforce all provisions of the construction
contracts, and any damage adjustments will be credited against
the cost of the Improvements.
(c) It will adopt all resolutions and take all other steps
0 necessary in order to levy the Special Assessments to pay the
costs of the Improvements.
(d) It will issue area-grouped special assessment B bonds
in an aggregate principal amount not to exceed the unpaid
principal amount of the Special Assessments pursuant to Section
66.54 of the Wisconsin Statutes in anticipation of the
collection of any Special Assessments which are to be paid in
installments.
Section 5. Enaineerincf Costs Advance. CCV agrees to
advance the Municipality $35,000 to pay the initial engineering
costs incurred by the Municipality (the "Engineering Costs
Advancell). Unless the Improvements are not undertaken, the
Municipality agrees to reimburse CCV for that portion of the 0 Engineering Costs Advance which is not attributable to the CCV
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0 Property or the Muskego Lakes Property. If the Improvements are
not undertaken, the Municipality is not required to reimburse
CCV for the Engineering Costs Advance.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed as of the __ day of December, 1988.
COUNTRY CLUB VILLAGES, INC.
(SEAL)
1 (SEAL)
(SEAL)
By : President
Attest:
Secretary
MUSKEGO LAKES CORPORATION
By: President
Attest:
Secretary
CITY OF MUSKEGO, WISCONSIN
By :
Mayor
Attest:
City Clerk
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