CCR2000126COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #126-2000
APPROVAL OF AGREEMENT AND ESCROW AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
WASTE MANAGEMENT OF WISCONSIN, INC.
BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the
Agreement and Escrow Agreement between the City of Muskego and Waste Management of
Wisconsin, Inc., as attached.
BE IT FURTHER RESOLVED That the Council President Mark Slocomb. as acting Mayor, and
Clerk-Treasurer Marenda are authorized to sign the Agreement in the name of the City subject to
review and approval of the City Attorney.
DATED THIS 13TH DAY OF JUNE ,2000.
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Amended Resolution #126-2000 which
was adopted by the Common Council of the City of Muskego.
0 6/00jmb
AGREEMENT
This AGREEMENT (Agreement) is entered into this day of
2000, by and between the CITY OF MUSKEG0 (City), a municipal corporation
organized under the laws of the State of Wisconsin and WASTE MANAGEMENT OF
WISCONSIN, INC. (Waste Management). This Agreement is entered into for the
purpose of providing between the parties that Waste Management will dedicate
financial aids to cover all the City's costs associated with land acquisition, design and
construction of a municipal water system expansion to be located in the City of
Muskego, and in exchange for such commitment by Waste Management, the City will
acquire, design, construct, own and operate the same under the following terms and
conditions.
NOW, THEREFORE, for valuable consideration, the adequacy and receipt of
which is acknowledged by each party, IT IS AGREED AS FOLLOWS:
1 That Waste Management agrees to pay the City for land acquisition, design
and installation of an expansion to the City's water system generally described in
Exhibit A attached hereto and made a part hereof (also hereinafter referred to as the
"Expanded Water System"). Nothing in this Agreement shall be construed to give the
owners of the properties identified in Exhibit A any right or expectation that either Waste
Management or the City will make water from the Expanded Water System any further
available to the properties than within the easement described in Exhibit A. The parties
acknowledge that the estimated cost of land acquisition, design and construction of the
Expanded Water System is
Two hundred forty nine thousand, four hundred thirtv dollars
($249,430) Dollars, including the City's engineering and legal fees (Estimated Cost);
however, in the event that the City's costs exceed the Estimated Cost, Waste
Management shall be responsible for all amounts above this estimate. The City shall
provide Waste Management with documentation of the City's costs adequate to allow
Waste Management to evaluate the same.
2. In order to secure payment of the City's costs as stated above in Section 1,
upon execution of this Agreement by the last of the parties, Waste Management shall
establish an escrow account (Escrow Account) with a financial institution acceptable to
the City (Escrow Agent) in favor of the City and shall deposit into said account the
Estimated Cost. The Escrow Account shall be in a form acceptable to the City and
shall allow the City, with no further authorization required, to withdraw the amounts
stated in the following section upon the City, in writing, advising the Escrow Agent, that
the conditions stated in the following section have been met.
3. Waste Management agrees that the City may withdraw from the Escrow
Account the following amounts in accordance with the following schedule of events:
(1) Upon execution of this Agreement by all parties, the City may
withdraw all of its land acquisition and design cost and 10% of the
amount bid by the successful bidder (Contract Cost):
(2) An additional 40% of the Contract Cost when construction of the
Expanded Water System is certified to be 50% complete by the
City's engineer;
(3) An additional 45% of the Contract Cost when construction is
substantially completed as certified by the City's engineer
(1)
(4) Upon the certification by the'city's engineer that the Expanded
Water System is complete and ready for final payment, any and all
remaining costs incurred by the City in the land acquisition,
designing and construction of the Expanded Water System that
have not yet been reimbursed, including Water Capacity
Assessments imposed according to the procedure described below
in Section 6.
4. The Escrow Account shall require the Escrow Agent to advise Waste
Management if the Escrow Agent receives a request from the City for a withdraw
-2-
pursuant to the schedule set out above in Section 3 that will exceed the then current
balance of the Escrow Account. Upon being so advised, Waste Management shall,
within ten (10) business days, deposit sufficient additional funds into the Escrow
Account to allow the Escrow Agent to make the payment. When the final payment is
made pursuant to the schedule set forth above in Section 3, the Escrow Agent shall
return any remaining funds and all accrued interest to Waste Management.
5. The amount to be paid by Waste Management described above in Section
1, contemplates the laterals will be constructed by the City only within the easement for
each residence to be served by the Expanded Water System. Waste Management
shall be responsible for obtaining the necessary access easement and right to abandon
the existing private water supply well from the owners of each residence adequate to
permit the connection of said residences to the Expanded Water System and shall have
the right but not the obligation to, at its expense, cause each residence to be
connected. In the event owners of any of the residences identified to be served by the
Expanded Water System decline said installation or decline to provide an acceptable
easement and right to abandon the private well, then neither Waste Management nor
the City shall have any further responsibility for connecting said residence to the
Expanded Water System.
6. That as to all of the properties listed as a part of Exhibit A, Waste
Management will be responsible for the Water Capacity Assessment (WCA) attributable
to that portion of each property with an existing residence which would be due from said
properties when due pursuant to the final WCA Assessment Resolution which has been
adopted or will be adopted as to these properties as if Waste Management were the
owner of said properties. Waste Management will not pay any other portion of the
WCA Assessment assessed against these properties, nor shall Waste Management
pay the WCA Assessment if the owners of any of the properties decline to be
connected to the Expanded Water System or decline to provide Waste Management
with an acceptable access easement and right to abandon the private well.
-3-
7 The parties to this Agreement hereby agree and acknowledge that nothing
in this document shall constitute an admission of any liability on the part of Waste
Management, or any predecessor, affiliate, officer, director, employee or agent of any
member of Waste Management for any responsibility for degradation of water quality in
the area being served by the Expanded Water System.
8. The parties hereto agree that Waste Management shall not be held
responsible for the design, construction or installation of the Expanded Water System,
nor shall Waste Management be held responsible for any operational problems arising
thereafter
9. All the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, representatives, successors and
assigns.
10. The City's obligations under this Agreement are contingent upon their
obtaining the approval of the Wisconsin Public Service Commission and any other
necessary governmental agencies for this project, obtaining a contract or contracts for
construction of the Expanded Water System which are acceptable to the City and the
City, at its sole discretion, deciding to proceed with the project. If any contingency
stated in this paragraph is, in the sole opinion of the City, not met, the City, at its option,
may declare this Agreement null and void, except that the City shall be entitled to all
expenses to date as to the project and Waste Management shall pay all of said
expenses.
11 Waste Management hereby agrees to indemnify, hold harmless and
defend the City, and all those acting on behalf of the City, as to any type of claim or
action growing out of or related to the City's actions pursuant to this Agreement as set
forth in a certain agreement entitled, "Indemnification Agreement" by and between
Waste Management and the City and Waste Management of North America, Inc. dated
April 28, 1992.
-4-
Dated this day of ,2000.
CITY OF MUSKEG0
By:
Mark A. Slocomb, Acting Mayor
By:
Jean K. Marenda. Clerk
Approved as to Form by:
Donald S. Molter, Jr., City Attorney
Dated this day of ,2000
WASTE MANAGEMENT OF WISCONSIN, INC
By:
Title:
Water:Agreement-Waste Mgmt2000
-5-
JUN- 13-00 ' NE 3123 PM RUEKERT & MIELKE, INC. FAX NO. 262 542 5631
Mielke FROM: Richard Eberhardt, P.E.
ProJmrionol Engineers PHONE: (262) 542-5733 R. Regirtwed LanASurveyorssincr 1946 FAX: (262) 542-5G31
W239NIBl2 RockwoodDlivc
Waukesha, WI 53188-1113
Ms. Jean Marenda EXHIBIT "A"
COMPANY. City of Muskego
FAX NUMBER. 262-679-4106
DATE: 6/13/00
PROJECT. WRste ManagemenVHillendale
SUBJECT. Exhibit "A"
* NUMBER OF PAGES (INCLUDING THIS PAGE) - 1
I - - " "-
It appears that Exhibil "A" identified in Item 1. Page 1, is the easement description.
Howcver, in Item 6. Page 3. it appears that Exhibit "A is a list ofbenefited propenies. This list would be:
TaxKevNo, Owner
2233.996.002 Peter and Felicia Luppnow Trust
2233.996.003 Arthur D. Dyer
Attached is the cost estimate.
RAE:sjd
13-02165110
cc: Don Molter, (fax: 548-921 1)
Scou Kloskowski. (fax: 679-4151)
rile Sean McMullen, (fax: 679-5614)
1
JUN-13-00 TUE 3:24 PM RUEKERT b MIELKE, INC. FAX NO. 262 542 5631
Ms. Jean Marenda
ClerWTreaswer
City of Muskego
W182 S8200 Racine Avenue
Post Office Box 0749
Muskego WI 53150-0749
June 13,2000
EXHIBIT "A"
P. 2
RE: Waste Management-Hillendale Easement
(Luppnow Service)
Dear Ms. Marenda:
.As per your request of Friday, June 9, 2000, we have prepared the estimated
projcct costs as follows for the design and construction of eight inch water main,
hydrants, valves and water services to the Luppnow and Dyer properties through an
easement on the King property:
Water Main and Service Construction
Design, Approvals and Bidding
Construction Review and Administration
Contingencies (10%)
Land Acquisition Costs
Appraisals, Closing costs
Legal Fees
Total Estimated Project Costs
$157,500
10,800
13,000
18,130
40,000
5,000
5.000
$249,430
If there are any questions regarding this matter, please contact our office.
Very truly yours,
RUEKERT & MIELKE, INC
Richard Eberhardt, P.E. RLS
RAE:sjd
cc: Mayor David L. De Angelis
r:\clirnrr\l~\lJ?~165.~I0\c~rrcr\n~~rcnd~-200M161l-vlTlc nunrgcmcn[ hilltndrlc easemnr.doc
Sean McMullen, Director of Engineering
Scott Kloskowski. Utility Supt.
Kenneth R. Ward, Ruekert & Mielke, roc.
Michael Campbell, Ruekert & Mielke, Inc.
File
W39N1812 Ibckwod1Mue
(262) 542.S733
WankCJhn. t%sComrin 33188-Ill3
C."11&73 Td%Ffi?l
Ao/arional Engim W Rrgir(md Land Surucyon sinu 1946
EXHIBIT "A"
April 27,2000
LEGAL DESCRPTION
30 Foot Wide Permanent Water Main Easement
For City of Muskego
All that part of the Southwest one quarter of the Northeast one quarter of Section 19,
Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more
fully described as follows:
Commencing at the Southwest comer of the Northeast one quarter of Section 19; thence
North Ol"22'40" West along the West line of the Northeast one quarter of Section 19 and
the West line of lands designated by Tax Key Parcel No. MSKC 2233-996-001, 1039.16
feet to the point ofbeginning; thence North 87'51'21" East, 486.73 feet; thence North
21'44'52" East, 218.70 feet; thence North 87'52'51'' East, 763.59 feet to the center line of
Hillendale Drive; thence North 01°30'52" West along the center line of Hillendale Drive,
30.00 feet; thence South 87'52'51'' West along the South line of lands designated by Tax
Key Parcel No. MSKC. 2233-996-004,783.44 feet to a point on the Easterly line of land
designated by Tax Key Parcel No. MSKC. 2233-996-002; thence South 21"44'52" West
along the Easterly line of said lands, 218.70 feet to the Southeast comer of said lands;
thence South 87'52'5 1" West along the South line of said lands, 466.81 feet to a point on
the West line of Northeast one quarter of Section 19; thence South Ol"22'40" East along
said West line, 30.00 feet to thcpoint ofbeginning containing 1.0117 acres of land.
Together with a 30 foot wide temporary construction easement lying south of and
adjacent to said 30 foot wide permanent water main.
Martin E. Kulinski
OWNER. Jack and Bemice King
W216 S9202 Crowbar Road
MEK.sjd
r:llicnlr\l3\1392165.21O~upport\lcgalderc~plion-20000421-30 Tml uidcpcmncnl.doc
cc: File
W39 N1812 Rackwood h'w
(262) 142-5733
Wahha, Wisconsin 53188-1 I I3
r ,*I-, C," CI,,
SOUTHWEST CORNER OF THE
NORTHEAST 1/4 OF SECTlON 19. \ TOM 5 NORTH. RANGE 20 EAST
EXHIBIT "A"
I
I 2233-996-003
P
2233-996
\ I
ouno? A. C.S.M. No. 4347 2233-996-004 , - S87'52'21'W 4,. I
"77.52rn ""55
30' PERMANENT WATER MAIN EASEMENT
3O'TEMPORARI
CONSTRUCTION EASEMENT
*
0 .
N P
0 z
..
I
2233-996-002 -
LL 30' PERMANENT WATER MAIN EASEMENT
3O'TiMPORARY CONSTRUCTION 2233-996-001
EASEMENT
N
S
SOUTHWEST CORNER OF THE
NORTHEAST 1/4 OF SECTlON 19. TOWN 5 NORTH, RANGE 20 EAST
0 100 200
GRAPHIC SCALE
Ruekert MSKC 2233.996.001 Mielke pm/rrrioMl Enginrm
W239 NIB12 Rochood Drivr
HILLENDALE DRlM WATER MAIN EASEMENT M Registcrtd Lmd Survqm
30' WATER MAIN EASEMENT EXHIBIT MAP
SHEET 1 OF 1
CIM OF MUSKEG0
WAUKESHA COUNTY. MSCONSIN Wauitsho, W7 53188 (262JSf2.5733
?J,*...r> 1-
~ .,.,._ y,c "0.. --- C""... ucr M<.CO.. -u I"1" I D." "Pm 2000 I ::: -(-ex I 1JQnes
ESCROW AGREEMENT
Escrow No.
The undersigned, Waste Management of Wisconsin, Inc. (Waste Management),
hereby deposits with Chicago Title Insurance Company (Chicago Title) the sum of
$249,430 (the Funds) to be retained by Chicago Title in escrow pending completion of
the following work:
The acquisition of land for, the design and installation by the City of
Muskego (City) of an expansion of the City's water system to be located
as described in Exhibit A attached hereto and made a part hereof.
Chicago Title is hereby directed to disburse the Funds in the amount shown
below upon receipt of the documents described below:
(1) Upon receipt of an agreement by both parties, (a copy of which is
attached hereto as Exhibit 6) all of the City's land acquisition and design
cost and 10% of the amount bid by the successful bidder (Contract Cost);
Expanded Water System is certified to be 50% complete by the City's
engineer;
completed as certified by the City's engineer;
System is complete and ready for final payment, any and all remaining
costs incurred by the City in the land acquisition, design and construction
of the Expanded Water System that have not yet been reimbursed,
including Water Capacity Assessments.
(2) An additional 40% of the Contract Cost when construction of the
(3) An additional 45% of the Contract Cost when construction is substantially
(4) Upon the certification by the City's engineer that the Expanded Water
Chicago Title shall advise Waste Management if Chicago Title receives a
request from the City for a withdraw pursuant to the schedule set out above that will
exceed the then current balance of the Escrow Account. Upon being so advised,
Waste Management shall, within ten (10) business days, deposit sufficient additional
funds into the Escrow Account to allow Chicago Title to make the payment. When the
final payment is made pursuant to the schedule set forth above, Chicago Title shall
return any remaining funds and all accrued interest to Waste Management.
The parties hereby agree that the functions and duties assumed by Chicago Title
under this Agreement include only those described herein. Chicago Title does not
guarantee or insure: the quality of the workmanship; that the improvements will be
completed; that the improvements, when completed, will be in accordance with the
plans and specifications or this Agreement's terms; that sufficient funds will be available
for completion; or that any certifications made by others are accurate andlor complete.
lctio Chicago Title shall have no liability hereunder to protect any party against constru
lien claims or provide a title insurance policy to any party.
n
The undersigned hereby agrees to promptly reimburse Chicago Title for any
expenses which it may reasonably and necessarily incur in prosecuting or defending
any action to which it may be a party as a result of a dispute with reference to the rights
of anyone claiming an interest in the funds.
The Funds are agreed to be the property of Chicago Title. The Funds are held
by Chicago Title to be used for the benefit of Chicago Title and the City. The
undersigned acknowledges that it is not an insured or a third-party beneficiary of a
policy issued by Chicago Title, that the Funds are not its property, and its only interest
in the Funds is a conditional right to receive all or the surplus of the Funds, if any,
according to the terms of this Escrow Agreement. The Funds will be invested in an
interest bearing account and the undersigned will pay Chicago Title a $50.00
investment fee.
It is further agreed that an escrow fee of $200.00 per draw shall be deducted
from the Funds.
Dated this day of ,2000.
WASTE MANAGEMENT OF WISCONSIN, INC.
By:
Title:
-
Approved and accepted:
CHICAGO TITLE INSURANCE COMPANY
-2-
JON-13-00 TUE 3.23 PM RUEKERT & MIELKE, INC, FAX NO. 262 542 5631
0 File
PI
Ruekcrt Mielke FROM: Richard Eberhardt, P.E. 0 k'rofP.rsionol Engineers PHONE: (262) 542-5733 R Rcgisrered Land Surveyors since 1946 FAX: (262) 542-5631
WlDN1812 RocbodDtivc
Waukerha. WI 53188-1113
FAX TO:
NAME: Ms. lean Marenda EXHIBIT "A"
COMPANY- City of Muskego
FAX NUMBER. 262-679-4106
DATE: 611 3/00
PROJECT, Waste Management/Hillendale
SUBJECT. Exhibit "AI
NUMDER OF PAGES (INCLUDING THIS PAGE) - 1
It appears that Exhibit "A" identified in Item 1, Page 1, is the easement description.
Howcver, in ltenl6. Page 3. it appears that Exhibit "A" is a list of benefited properiies. This list would be:
" Tax Kea% Owner
2233.996.002 Peter and Felicia Luppnow Tmsr
2233.996.003 Arthur D. Dyer
Attached is the cost estimate.
RAE:SJd
13-02165210
CC: Don Molter, (fax: 548-9211)
Scot1 Kloskowski, (fax: 679-4151)
Sean McMullen, (fax: 679-5614)
FAX NO. 262 542 5631
lune 13.2000
EXHIBIT "A"
Ms. Jean Marenda
ClerWTreasuer
City of Muskego
Post Office Box 0749
WI 82 S8200 Racine Avenue
Muskego WI 53150-0749
RE: Waste Management-Hillendale Easement
(Luppnow Service)
Dear Ms. Marenda:
.4s per your request of Friday, June 9, 2000, we have prepared the estimated
projcct costs as follows for the design and construction of eight inch water main,
hydrants, valves and water services to the Luppnow and Dyer properties through an
easement on the King property:
Water Main and Service Construction
Design, Approvals and Bidding
Construction Review and Administration
Contingencies (10%)
Land Acquisition Costs
Appraisals, Closing Cos&
Legal Fees
Total Estimated Project Costs
%157,500
10,800
13,000
18,130
40,000
5,000
5,000
$249,430
If there are any questions regarding this matter, please contact our office.
Very truly yours,
RUEKERT & MIELKE, INC
P. 2
Richard Eberhardt, P.E. RLS
RAE:sjd
cc: Mayor David L. De Angelis
r:\clien1r\lI\I39216J ~1Olcomch1rrmd~-2~12-v~u~nrgcmcnl Mllrndrlc carrmcnl doc
Sean McMullen. Director of En9neering Scott Kloskowski, Utility Supt.
Kenneth R. Ward, Ruekert & Mielke, Inc.
Michael Campbell, Ruekel? & Mielke, hc.
File
W239Nl812 RockwodDn'vc
5Vauktrhn. Wirmonrin 53188-llfJ
(2621 542-5733
PXC)I *~?.FI(PI
Ruelcert 1 Mielke
Fmfcssional Enginurs & Rcgirlmd Land Survqm since 1946 -.
EXHIBIT "A"
April 27,2000
LEGAL DESCRIPTION
30 Foot Wide Permanent Water Main Easement
For: City of Muskego
All that part of the Southwest one quarter of the Northeast one quarter of Section 19,
Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more
hlly described as follows:
Commencing at the Southwest corner of the Northeast one quarter of Section 19; thence
North OI"22'40" West along the West line of the Northeast one quarter of Section 19 and
the West line of lands designated by Tax Key Parcel No. MSKC 2233-996-001, 1039.16
feet to the point ofbeginning; thence North 87O51'21" East, 486.73 feet; thence North
21"44'52" East, 218.70 feet; thence North 87"52'51" East, 763.59 feet to the center line of
Hillendale Drive; thence North 01"30'52" West along the center line ofHillendale Drive,
30.00 feet; thence South 87'52'51'' West along the South line of lands designated by Tax
Key Parcel No. MSKC. 2233-996-004, 783.44 feet to a point on the Easterly line of land
designated by Tax Key Parcel No. MSKC. 2233-996-002; thence South 21'44'52" West
along the Easterly line of said lands, 218.70 feet to the Southeast comer of said lands;
thence South 87"52'51" West along the South line of said lands, 466.81 feet to a point on
the West line of Northeast one quarter of Section 19; thence South OI"22'40" East along
said West line, 30.00 feet to the point ofbeginning containing 1.011.7 acres of land.
Together with a 30 foot wide temporary construction easement lying south of and
adjacent to said 30 foot wide permanent water main.
0
Martin E. Kulinski
OWNER. Jack and Bernice King
W2 16 S9202 Crowbar Road
MEK:sjd
r:\clicnlr\I3\1392165.2lO~~ppon\legal dcrcriplion-2W00421-30 Imlwidcpcmanenl.doc
cc: File
W239 N1812 RockwoodDriue
Wahha, Wirconrin 53188-1113
(262) 542-5733
r_. ll'll CI?<C>I
4 SOUTHWEST CORNER OF THE
NORMEAST 1/4 OF SECllON 19.
I
I
I EXHIBIT "A"
I
N
c * 0 N 7
N
L
0 z
WATER MAIN EASEMENT
3O'TEMPORARY 2233-996-001 ?oLI+TRUCTION "".._. .. EASEMENT t-4
w-?+E
S
SOUTHWEST CORNER OF THE
NORTHEAST 1/4 OF SECTION 19. TOW 5 NORTH. RANGE 20 EAST
GRAPHIC SCALE