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CCR2000124AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #124-2000 APPROVAL OF AGREEMENT BETWEEN STEVEN AND CATHERINE ZMUDZlNSKl AND THE CITY OF MUSKEG0 WHEREAS, The City wishes to enter an Agreement with Steven Zmudzinski and Catherine Zmudzinski, owners of property known as the Muskego Movie-Plex at S67 W19491 Tans Dr., as attached; and WHEREAS, If the water detention facility, storm water facility and landscaping on the property are not immediately completed, repaired and reconstructed, the public and public facilities are threatened with harm and damage creating an emergency situation in many respects including but not limited to: failures to comply with local and federal regulations related to the Clean Water Act, destruction of public and private properties due to excess storm water discharge and sedimentation, and WHEREAS, The City has determined that this project is not public construction as defined by Wisconsin law. but if in fact it is determined at some later date that this project was public construction as defined by Wisconsin law, the City hereby determines pursuant to Wis. Statute 62.15 (Ib) that this work is necessary for repair and reconstruction in which the public health or welfare of the City is in danger, as stated above. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Agreement, as amended, with Steven Zmudzinski and Catherine Zmudzinski relating to the Muskego Movie-Plex property at S67 W19491 Tans Drive. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to execute the agreement in the name of the City. DATEDTHIS 1st OF June ,2000. SPONSORED BY: FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #124-2000 which was adopted by the Common Council of the City of Muskego. 5/2000jmb COMMON COUNCIL - CITY OF MUSKEG0 :r’ , RESOLUTION #124-2000 , \ -” ) APPROVAL OF AGREEMENT BETWEEN STEVEN AND CATHERINE ZMUDZINSKI AND THE CITY OF MUSKEG0 WHEREAS, The City wishes to enter an Agreement with Steven Zmudzinski and Catherine Zmudzinski, owners of property known as the Muskego Movie-PI& at S67 W19491 Tans Dr., as attached; and /’ WHEREAS, If the water detention facility, storm water facility and property are not immediately completed, repaired and public facilities are threatened with harm and damage creating ademergency situation in many respects including but not limited to: failures to comply’with local and federal regulations related to the Clean Water Act, destruction of public and private properties due to excess storm water discharge and sedimentation, and’ WHEREAS, The City has determined that this project .is not public construction as defined by Wisconsin law, but if in fact it is determin#d at some later date that this project was public construction as defined by Wisconsin law, the City hereby determines pursuant to Wis. Statute 62.15 (lb) that this work is necessary for repair and reconstruction in which the public health or welfare of the City is in danger, as stated above. // /. NOW, THEREFORE, BE IT RESOLVED Common Council of the City of Muskego, upon the recommendation of the dnance Committee, does hereby approve the Agreement with Steven Zmudzinski and Catherine Zmudzinski relating to the Muskego Movie-Plex property at S67 W19491 Tans Drive. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to execute the agreement ,ig the name of the City. / DATED THIS OF i I/ I 2000. 4 SPONSORED BY: This is to cert was adopted FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine / is a true and accurate copy of Resolution #124-2000 which Council of the City of Muskego. 5/2000jmb J Clerk-Treasurer 0 AGREEMENT WHEREAS, Steven Zmudzinski and Catherine Zmudzinski, hereinafter referred to as "Owners," are the sole owners of property known as the Muskego Movie-Plex and more specifically described on Exhibit "1" attached hereto and made a part hereof; and WHEREAS, said property is located in the City of Muskego, hereinafter referred to 86 "City"; and WHEREAS, the owners planned on developing said property in compliance with agreements made with the City, promises made to the City and in accordance with all applicable approvals, rules, laws, ordinances and regulations of the City and all other applicable governmental bodies; and WHEREAS, Owners are in default as to said agreements, promises and as to governmental regulations referred to above; and WHEREAS, Owners claim they are financially unable to comply with their obligations stated above; and WHEREAS, if the water detention facility, storm water facility and landscaping on and public facilities are threatened with harm and damage creating an emergency situation in many respects including, but not limited to: failures to comply.with local and federal regulations related to the Clem Water Act, destruction of public and private properties due to excess storm water discharge and sedimentation; and WHEREAS, the Owners wish to correct this situation as soon as possible. 0 the property are not immediately completed, repaired and reconstructed, the public NOW, THEREFORE, BE IT RESOLVED, for valuable consideration acknowledged by each party as follows: 1. The Owners consent to the City drawing all funds remaining in a certain Letter of Credit in the approximate amount of $28,286.75 dated April 1, 1999, a copy of which is attached hereto, made a part hereof and merked Exhibit "2," and to use the same towerds payment for improvements secured by said documents and the subject of this agreement. 2. The improvements to be made by the Owners pursuant to their agreements with the City and promises to the City and secured by Exhibit "2" are described in more detail in Exhibit "3" attached hereto and made a part 0 hereof. 3. The City will forthwith, at Owners expense, make said improvements, repairs and reconstruction and Owners shall reimburse the City for the sama in any ! 0 4. 5. 6. amounts over and above the amount drawn from the Letter of Credit including all incidental costs incurred by the City including, but not limited to, administration costs associated with the improvements, repair and reconstruction including, but not limited, to legel end engineering expenses. The total anticipated costs ere estimated to be $66,283.00 less $28,286.75 for e remaining total of approximately $37,996.25. Owners will execute at the time they enter this agreement a Waiver of Special Assessment Notices and Hearings which is attached hereto, made a part hereof and marked Exhibit "4," to reimburse the City for said expenses. The City will adopt e Final Assessment Resolution based on Exhibit "4." Owners have executed the attached document dated 5/15/00 which is attached hereto, made a part hereof and marked Exhibit "5," for permission of the City, its employees and contractors to enter the property to do the work which is the subject matter of this agreement; that by executing this agreement, the Owners consent to the entry of the employees, workmen, agents or independent contractors of the City for end incidental to the repair and reconstruction of all improvements which ere the subject matter of this agreement. e DATED this day of , 2000. Steven Zmudzinski Catherine Zmudzinski DATED this day of , 2000. CITY OF MUSKEG0 By: David L. De Angelis, Mayor Jean K. Merende, Clerk -2- EXHIBIT " 1 " Legal Description Parcel 1 CSM 8390 V72/272 PT NE1/4 of SEU4 and NEU4 of SW1/4 SEC 5 T5N R 20E IC2623194 WD 3/98 0' Lincoln State Bank Letter of Credit N0.:10242 mount: SIOBJ40.00 Data:Anri11.11)99 Expiry Date: Applicant: Steven hudzinski Project: Mukcgo Movie-Plsx Catherine Zmudzinski S67 W19491 Tsns Dr. W237 S8040 Highland Drlvc Muskego. WI 53 I SO Bis Bend, W 53103-9613 Bcneflclary: City of Muskego W182 S8200 Racine Avenue Muskego, WI 53 150 Dear Sirs: We hereby issue this irrevocable docurnenrary credir in your. fnvor which is available by beneficiary's dra!l(s) at sight drawn on LINCOLN STATE BANK. Each draft accompanying documents must stm Drnwn Under LINCOLN STATE BANK Documentary Credit No. 10242. This Standby Credit is to provide a guarantee to the City of Muskego for the performance of Steven and Catherinc ZrnudzinskiZmudzinski Inc.'s. obligations under that cermin agreement dated April 1. 1999 between the City of Muskego and applicant. DRAFTS ARE TO BE ACCOMPANIED BY: A statement signed by the Mayor of the City of Muskego stating that Steven end Catherine ZmudzinskilZmudzinski Inc., failed to complete the construction of nubdivision improvements in accordance with said Agreement. Said statement shall set forth the estimated amount necessary for the City of Muskego IO complete such improvements. SPECIAL CONDITIONS: This Standby Credit shall telminate on April 1. 2000. provided, however. LINCOLN STATE BANK shall give written notice to the beneficiary of its inrention to terminate this Standby Credit at 90 days prior 10 April I. 2000. Aner i tho &le. this kner of Credit can only terminate upon 90 day0 written notice to the bcneflcinry. It is hemby aped by all pnrties hsmto that the reference LO “Agrcoment” is for identification purposes only and such referenee shall not be construed in any manner to require LINCOLN STATE BANK, to inquiro into its term and obligations. We cn#age with you that drafts bwn under and in compliance with the terms of this cndlt will be duly honored If prexnted on.or before the expiration date. This original Standby Credit must be submiaed to us together 4th MY drawinp hereunder for ow endorsement of MY payments effected by us and/or for CMncCh~Olu. Very TNIY Youn, LINCOLN STATE BANK Vice President SEE ATTACHMENT“A” AlTACKMENT 'A" TO LETTER OF CREDIT NO. 10242 THE FOLLOWIN0 IS A LISTINO OF THE ITEMS THAT WL BE COVERED UNDER LE- OF CREDIT NO. 10242: LANDSCAPING: S 29,000.00 S 29,000.00 (city's mqrcest thie bc doublod) TANS DRIVE ISLAND: S 4.000.00 STREET LIOHTS: S 5,000.00 RETENTION POND: S 32,500.00 EXTERIOR PAMTINO: S 9,040.00 Oerald F'usek, Vice President EXHIBIT ’‘ 3 ” 2. Import fldd run lopeoll IO tlto 1, Rough and Plnlsh Ondlng of all dieturbed area8 3. lnlullatlon of Bud, fortlllmr md mulch 4. lnatsllntlon of eroaion blmlrstlna on slope8 gmstor than 5% 5. Rsplssemenr ofwslvs (12) dx foot tall pino trees 6. Insmllsrloa of S11t fenclng a1on.q pbrlmstor of site 7. Dredplng of mtentlon ponds 10 orlEind elevaflons EXHIBIT “4” WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARINGS UNDER §66.60(18), WISCONSIN STATUTES In consideration of the construction by the City of Muskego, Wisconsin of the following proposed improvement described as: completion of erosion control detention pond, maintenance and establishment of substantial grass growth. l/We the undersigned, hereby admit that this improvement will benefit our below described property in the City of Muskego and consent to the levying of special assessments against our premises under 566.60, Wisconsin Statutes, for the cost of this improvement. In accordance with §66.60(18), Wisconsin Statutes, we hereby waive all special assessment notices and hearings required by 566.60, Wisconsin Statutes, and we further agree and admit that the benefit to our property from the construction of such improvement is equal or greater than the cost thereof. Description of Premises: (Tax Key #) MSKC 2180.994.001 l/We acknowledge that the assessment of $37,996.25 may be paid in cash in full on or before November 1, 2000 or in fifteen (1 5) annual installments to the City Treasurer, installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1, 2000 and said first installment being due on the date when real estate taxes are due and annually thereafter All assessments or installments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. If the actual cost of the City of Muskego are greater than herein stated or less than herein stated, with no further notice, the City of Muskego shall amend the Final Assessment Resolution to reflect said changes. Signature of Owners: Dated: e WAIVER OF SP UNDER 566.60(18), WISCONSIN STATUTES I In consideration of the construction by the City of Muskego, Wisc following proposed impro 1 detention pond, maintena I/We the undersigned, he described property in the City of Muskego and consent to t assessments against our Utes, for the cost of this improvement, In accordance with 566. assessment notices and hearings required by 566.6 sconsin Statutes, and we further agree end admit such improvement is eq Description of Premises I/We acknowledge that the assess ,996.25 may be paid in cash in full on or before November 1, 2000 or annual instellments to the City Treasurer, installment payments to rest at the rate of 8% per annum on the unpaid balance com being due on the date when real es es are due and annually thereafter All essessments or installments which extended upon the tax proceedings in relation provided by statute. If the actual cost of th herein stated, with no Assessment Resolutio I I 0 I 1 real estate taxes shall I Signature of Owners: /