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CCR1989021COMMON COUNCIL - CITY OF MUSKEG0 AMENDED RESOLUTION #21-89 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF MUSKEGO OF SEWERS FOR PROPOSED DEVELOPMENT (Scott Krause) AND COUNTRY CLUB VILLAGES, INC. REGARDING FEASIBILITY BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize the Mayor and Clerk to execute the Agreement, as determine the feasibility of sewering the area proposed for amended and attached hereto concerning a facility plan to costs would not exceed $35,000. development, subject to confirmation by Ruekert & Mielke that the DATED THIS 10th DAY OF January , 1989. FINANCE COMMITTEE Ald. Mitchel Penovich /". ATTEST : City Clerk 1/89 jz AGREEMENT WHEREAS, SCOTT KRAUSE and his associates, hereinafter referred to as "KRAUSE", have expressed an interest in developing an area which is part of the area described on Exhibit "1" which is attached hereto and made a part hereof; and WHEREAS, the CITY OF MUSKEGO, hereinafter referred to as "CITY", has expressed an interest in the concept of such a development; and that the development would take place only if municipal sewer services were available; and %EREAS, if said area is t3 be developed, it is contemplated WHEREAS, it is agreed between the parties that in order to determine if municipal sewer services are feasible at this time area, that a facility plan must be developed. to serve the area described on Exhibit "1" and the surrouneing XCW, THEREFORE, fcr vtlas5ie cnnsideration acknowleeqei by both parties, IT IS AGREE3 AC FGLLCWS: 1. 2. 3. 4. That upon execution of this Agreement, KRAUSE shall pay to the CITY the Sam of $17,500 and that said $17,500 shall be expended only for the purpose of making payment and any other entities they may deem appropriate for the to the City Engineering firm of Ruekert h Mielke, Inc. purpose of Seveloping a facility plan to determine whether or not the sewering of the area described on Exhibit "1" and surrounding area is feasible; that the total cost of developing said facility plan is not to exceed $35,000 and each party to this Agreement shall share in that cost up to said amount on an equal basis. That the CITY shall pay all statements of Ruekert h Mielke, Inc. and/or other entities that Ruekert h project as they becone due taking equally from the Mielke, Inc. may deem appropriate for work on sair? monies paid by KRL.USE and those of the CITY and if any money is remaining of KRAUSE'S $17,500, it shall be refunded to the entity making said payment. That at the time documents prepared pursuant to this Agreement are submitted to the CITY, they shall also be submitted to KRAUSE. By entering this Agreezent, neither party makes ar.y commitment to proceed any further with providing proceeding with the contemplated development; it is municipal sewers to the area in qcestion or to further agreed that this Agreement for a planning .* study will not be used against either party as evidence of any intention to proceed with development or with sewers. Dated this day of , 1989. CITY OF MUSKEGO SCOTT KRAUSE By : Wayne G. Salentine, Mayor By: Jean K. Marenda, Clerk - 2- Y. . . : Map 5 EStiIBIT 1 IS THE XEA IN CROSS HATCSE 9r OUTLIVED IN REO BELOW " COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 821 -89 AUTHORIZING EXECUTION OF AGREEMENT AND COUNTRY CLUB VILLAGES, INC. RE OF SEWERS FOR PROPOSED DEVELOPMENT (Scott Krause) BE IT RESOLVED that the Common Council upon the recommendation of the Finance hereto concerning a facility plan to de authorize the Mayor and Clerk to execut sewerine. the area prooosed for develop confirmation by Ruekert h Mielke that costs would not exceed .. - $35,000. DATED THIS DAY OF , 1989. FINANCE COMMITTEE / Ald. Mitchel Penovich Ald. Edwin P. Dumke Ald. Daniel J. Hilt ATTEST : City Clerk / AGREEMENT WHEREAS, SCOTT KRAUSE and his associates, hereinafter referred to as "KRAUSE", have expressed an interest in hereto and made a part hereof: and developing the area described on Exhibit "1" which is attached WHEREAS, the CITY OF MUSKEGO, hereinafter referred to as "CITY", has expressed an interest in the concept of such a development: and WHEREAS, if said area is to be developed, it is contemplated that the development would take place only if municipal sewer services were available: and determine if municipal sewer services are feasible at this time WHEREAS, it is agreed between the parties that in order to to serve the area described on Exhibit "1" and the surrounding area, that a facility plan must be developed. both parties, IT IS AGXEED AS FOLLOWS: NOW, THEREFORE, for valuable consideration acknowledged by 1. That upon execution of this Agreement, KRAUSE shall pay to the CITY the sum of $17,500 and that said $17,500 shall be expended only for the purpose, of making payment to the City Engineering firm of Ruekert h Mielke, Inc. prpose of developing a facility plan to determine and any other entities they may deem appropriate for the whether or not the sewering of the area described on Exhibit "1" and surrounding area is feasible: that the total cost of developing said facility plan is estimated to be $35,000 and each party to this Agreement shall share in that cost up to said amount on an equal basis. 2. That the CITY shall pay all statements of Ruekert h Mielke, Inc. and/or other entities that Ruekert h project as they become due taking equally from the Mielke, Inc. may deem appropriate for work on said monies paid by KRAUSE and those of the CITY and if any money is remaining of KRAUSE'S $17,500, it shall be refunded to the entity making said payment. 3. That at the time documents prepared pursuant to this Agreement are submitted to the CITY, they shall also be submitted to KRAUSE. 4. By entering this Agreement, neither party makes any commitment to proceed any further with providing municipal sewers to the area in question or to proceeding with the contemplated development; it is further agreed that this Agreement for a planning study will not be used against either party as evidence of any intention to proceed with development or with sewers. Dated this day of , 1989. CITY OF MUSKEG0 SCOTT KRAUSE By: Wayne G. Salentine, Mayor By: Jean K. Marenda, Clerk -2- . EXHIBIT 1 Map 5 Source: SEWRPC. 18