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CCR1999225COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #225-99 APPROVAL OF AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION ON PRIVATE OR PUBLIC PROPERTY WHEREAS, it is the desire of the City to place a monitoring station at the concrete drop structure on Jewel Creek, about 180' north of east end of Silver Drive on right bank of Jewel Creek, and WHEREAS, it is necessary to enter an agreement with U. S. Geological Survey for the placement of this device, and WHEREAS, the Finance Committee has recommended approval NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego. upon the recommendation of the Finance Committee, does hereby approve an Agreement for Installation and Maintenance of Gaging Station on Private or Public Property with the U. S. Geological survey, as attached. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign said Agreement in the name of the City. DA TED THIS 14th DAY OF December , 1999 SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David J. Sanders Ald. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #225-99 which was adopted by the Common Council of the City of Muskego. Agreement Number: 4455-0223 Form 9-1482 (Aug. 1994) AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION ON PRIVATE OR ~BI IC PROPERTY THIS AGREEMENT is entered into this 3rd day of December 19 99 , by and between City of Muskego , hereinafter called “Licensor,” and the United States of America, by and through the U.S. Geological Survey, U.S. Department of the Interior. hereinafter called “Licensee,” pursuant to the Act of December 24, 1942, as amended (43 U.S.C. sec. 36b). WITNESSETH: I. Licensor, for and in consideration of the faithful performance by Licensee of all covenants and conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees to the installation, maintenance and use of (describe physical characteristics of gaging station) See at- tached sheet hereinafter collectively referred to as “Structure,” by the Licensee upon and over the property of the Licensor as described in Paragraph 2 hereof, and the Licensor grants the right of ingress to and egress from the said Structure and property described herein. and further described as follows: (site location) Lat. 42’55’37”, Long. 088’08’45”, SW1/4,NW114, SEC.4, T5N, R20E In City of Muskego, about 180’ north of east end of Silver Dr. on right bank of Jewel Creek. 3. The said Structure and appurtenances thereof shall be maintained in a good, safe and 2. The said Structure shall be located on the property of Licensor as shown on attached drawing workmanlike manner. 4. The said Structure and appurtenances and all equipment and tools for the maintenance and use thereof placed in or upon said described property shall remain the property of the Licensee and may be removed by the Licensee at its own cost and expense at any time during the life of this agreement or any renewal thereof, or within 90 days after the expiration of this agreement or any renewal thereof, or within a reasonable time from date of receiving written notice from the Licensor to change the location of said Structure and appurtenances or any part thereof upon the said described property. Upon removal or relocation of said Structure and appurtenances the Licensee shall restore the described property to, as nearly as possible, the same state and condition existing prior to the installation of said Structure and its appurtenances. 5. Licensee agrees to cooperate to the extent allowed by law, in the submittal of all claims for alleged loss, injuries, or damages to persons or property arising from the acts of Licensee’s employees, acting within the scope of their employment. in the installation, use, maintenance, removal or relocation of said Structure, appurtenances, equipment and tools pursuant to the Federal Ton Claims Act. (28 U.S.C. sec 2671 et seq.) 6. As consideration for the rights and privileges granted herein, the Licensee shall pay to the Licensor the sum of $ 0.00 upon presentation of bill therefor, subject to the availability of appropriations by the Congress. (2) 7. This agreement shall be come effective on the day and year first above written, and shall continue in full force and effect until terminated by either Licensor or Licensee at any time on 30 days written notice. 8. No Member of, or Delegate to, Congress or Resident Commissioner after his election or appointment, either before or after he has qualified and during his continuance in office, and no officer, or agent or employee of the Government, shall be admitted to any share of this agreement. or to any benefit arising therefrom, but this provision shall not be constructed to extend to this agreement if made within a corporation for its general benefit. 9. The Licensor warrants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Licensee the right to terminate the license, or, in its discretion, to deduct from the license amount or consideration, the amount of such commission. percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by Licensor upon licenses secured or made through bona fide established commercial or selling agencies maintained by the Licensor for the purpose of securing business. 10. This agreement shall inure to the benefit of, and be binding upon, the successors, assigns, and transferees of the parties hereto, including successors of the Licensee in control of the project or the portion thereof affected by this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. LICENSOR. LICENSEE: NAME UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR ADDRESS City Of Muskego U. S. GEOLOGICAL SURVEY W 102 South 8200 Racine Avenue Muskego, Wisconsin 52150 By William J. Rose Title Hydrologist APPROVED: 1 ~ Water Resources Division n .- e, ,;" i \ !