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CCR2000174AMENDED COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #174-2000 APPROVAL OF SETTLEMENT AGREEMENT BETWEEN PARKLAND VENTURE LLC AND THE CITY OF MUSKEG0 BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Services Committee, does hereby approve the attached Settlement Agreement between Parkland Venture LLC and the City of Muskego BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the agreement in the name of the City. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer, in consultation with the City's attorney, may make technical changes to the agreement. DATED THIS 8th DAY OF Auqust ,2000. SPONSORED BY: PUBLIC SERVICES COMMITTEE Ald. Patrick A. Patterson Ald. William Le Doux Ald. Chuck Wichgers This is to certify that this is a true and accurate copy of Resolution #174-2000 which was adopted by the Common Council of the City of Muskego. 8/00jmb COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #174-2000 BE IT RESOLVED That t unci1 of the City of Muskego, upon the recommendation of the Committee, does hereby approve the attached Settlement Agreement d Venture LLC and the City of Muskego BE IT FURTHER RES ayor and Clerk-Treasurer are authorized to sign the agreement in the n DATED THIS - ,2000 I SPONSORED BY: PUBLIC SERVICES COMMITTEE Ald. Patrick A. Patterson Ald. William Le Doux Ald. Chuck Wichgers This is to certify that this is a true and accurate copy of Resolution #174-2000 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 8/00jmb SETTLEMENT AGREEMENT &l, 3 -YA. This Settlement Agreement (this “Agreement”) is entered into by and 1 Venture, LLC, c/o AD Enterprises, 701 1 Settlers Avenue, Wind Lake, Wiscon Arthur D. Dyer, who resides at W208 S890l Hillendale Drive (“Dyer”), and tk Muskego, whose offices are located at W182 S8200 Racine Avenue, Muskego “City”), as of this - day of ,2000. WHEREAS, Parkland Venture, LLC owns the real property located at S74 W17000 Janesville Road, Muskego, Wisconsin, Tax Key Parcel No. MSKC 2198.984 (the “Property”), on which the remains of the former Parkland Mall (the “Mall”) are situated; WHEREAS, the Mall structure has been vacant since January 1999 and has been partially demolished by Parkland Venture, LLC, WHEREAS, the City wants Parkland Venture, LLC promptly to complete the demolition of the remaining Mall structures and the restoration of the Property to a condition suitable for redevelopment; WHEREAS, Parkland Venture, LLC and the City disagree over various matters relating to the timing and related terms and conditions of completion of demolition of the remaining Mall structures and the restoration of the Property, and each has contemplated litigation to resolve their differences; WHEREAS, Parkland Venture, LLC and the City mutually desire to compromise and settle their disputes regarding the completion of demolition of the remaining Mall structures and the restoration of the Property; / NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, Parkland Venture, LLC, Dyer and the City hereby agree as follows: 1, Parkland Venture, LLC and Dyer hereby each waives any claim that it or he may have that the demolition permit issued to it or him by the City on or about January 20, 1999 is effective until January 20,2001 or any other date after the date of this Agreement and each hereby waives any right to initiate, and each agrees not to initiate, any litigation or any other proceeding against the City or any City departments, agencies or officials to challenge the decision of the Deputy City Building Director, stated in a letter to Dyer or Parkland Venture, LLC dated September 1, 1999, that such demolition permit would expire on June 20,2000. 2. The City shall issue to Parkland Venture, LLC a demolition permit dated as of June 30,2000, the form of which is attached hereto as Exhibit I and incorporated herein by reference, which shall expire on December 3 1,2000. 3. At Parkland Venture, LLC’s sole cost, Parkland Venture, LLC shall commence the demolition of the remaining Mall structures in a substantial fashion on or before October 16,2000, and shall thereafter diligently proceed to complete the demolition of the remaining Mall structures and the restoration of the Property without significant pause and as rapidly as is reasonably practicable, and shall not later than December 3 1,2000, complete such demolition and restore the Property to a condition suitable for redevelopment, to the reasonable satisfaction of the City Building Director. 4. In the event that Parkland Venture, LLC fails, for any reason whatsoever, to commence demolition of the remaining Mall structures in a substantial fashion on or before October 16,2000, or to proceed diligently and without significant pause to complete such demolition and the restoration of the Property as rapidly as is reasonably practicable, or to complete such demolition and to restore the Property to a condition suitable for redevelopment, to the reasonable satisfaction of City Building Director, on or before December 31,2000, the City Building Director or the City Common Council may immediately issue a razing order pursuant to section 66.05 of the Wisconsin Statutes, the form of which is attached hereto Exhibit 2, and which is incorporated herein by reference (the “Razing Order”). Upon issuance of the Razing Order, and upon the award of a contract or contracts to complete the demolition of the remaining Mall structures and/or to restore the Property to a condition suitable for redevelopment after competitively bidding the project(s) in accordance with paragraph 6 of this Agreement, the City may immediately commence work on such demolition and/or restoration project(s). 5. Parkland Venture, LLC hereby waives any service or notice of the Razing Order, and hereby waives any right to litigate or otherwise challenge the Razing Order or its issuance on any grounds whatsoever, and hereby agrees that Parkland Venture, LLC shall not litigate or challenge the Razing Order to its issuance on any grounds whatsoever. 6. In the event the City Common Council or the City Building Director issues the Razing Order pursuant to paragraph 4 of this Agreement, the City shall competitively bid the demolition and/or restoration project(s) in accordance with the requirements of Section 62.15 of the Wisconsin Statutes, whether or not such statute is strictly applicable. 7. In the event the City issues a Razing Order pursuant to paragraph 4 of this Agreement and proceeds to incur any expenses in connection with any project(s) to complete the demolition of the remaining Mall structures andor to restore the Property to a condition suitable for redevelopment, the City may, in addition to all other available remedies, charge the full project costs to the Property as a special charge pursuant to Wis. Stats. 5 66.60(16). Parkland Venture, LLC hereby waives any notice or hearing of any such special charge, and waives any right to litigate or otherwise challenge such special charge on any grounds whatsoever, provided that the demolition andor restoration project was competitively bid in compliance with the requirements of Section 62.15 of the Wisconsin Statutes pursuant to paragraph 6 of this Agreement. 8. This Agreement shall constitute a covenant running with the land constituting the Property, the legal description of which is set out on the attached Exhibit 3, which is incorporated by reference, and shall be binding on Parkland Venture, LLC and the City and their respective successors, assigns, heirs, executors and personal representatives, and shall be enforceable by the City or the City Building Director. 9. This Agreement is the complete agreement of the parties with respect to the matters dealt with herein, and no oral or written agreements, promises or representations leading up to this Agreement shall have any force or effect. IO. This Agreement shall be interpreted as though jointly drafted by Parkland Venture, LLC, Dyer and the City. 1 1. This Agreement shall be executed in three duplicate originals, one for each party, and may be recorded by any party. PARKLAND VENTURE, LLC By Arthur D. Dyer CITY OF MUSKEG0 By: David L. De Angelis, Mayor Attest: Jean Marenda, Clerk STATE OF WISCONSIN ) WAUKESHA COUNTY ) )SS The foregoing Agreement was acknowledged before me this - day of ,2000, by Arthur D. Dyer as of Parkland Venture, LLC Notary Public, State of Wisconsin My commission expires: STATE OF WISCONSIN ) WAUKESHA COUNTY ) )SS The foregoing Agreement was acknowledged before me this - day of ,2000, by Arthur D. Dyer. Notary Public, State of Wisconsin My commission expires: STATE OF WISCONSIN ) WAUKESHA COUNTY ) )SS i 0 The foregoing Agreement was acknowledged before me this - day of ,2000, by David L. De Angelis and Jean Marenda, as Mayor and Clerk of the City of Muskego, respectively. .ed This Ameem lent H 41 <East Wisconsk Avenue Milwaukee, WI 53202 Notary Public, State of Wisconsin My commission expires: by James H. Baxter 111 of Ouarles & Bradv LLP I City of Muskego Building Inspection Department W182 58200 Racine Avenue BOX 749 * Muskego. WI * 679-4110 PERMIT Application Number ..... 00-00001298 Date 8/08/00 Property Address ...... S74 W17000 JANESVILLE RD Tax Key Number ....... 21.98984 Application description ... DEMOLITION ALL OTHER BUILDINGS - 649 Property Zoning ....... HIGHWAY BUS./PLANNED DEV. Owner address C/O AD ENTERPRISES Property owner PARKLAND VENTURE LLC ....................................... ....... ........ WIND LAKE 7011 SETTLER AVENUE WI 53185 0 Contractor ......... OWNER Permit ...... WRECKING/RAZING PERMIT Additional desc . . Permit Fee .... .oo 12/31/00 Expiration Date . . Special Notes and Comments CONDITIONS OF APPROVAL: 1. ALL WORK TO COMMENCE ON OR BEFORE OCTOBER 16, 2000. 2. ALL RESTORATION TO BE COMPLETED BY DECEMBER 31, 2000. 3. SILTFENCING SHALL BE INSTALLED ALONG THE DOWNSLOPE IN ACCORDANCE WITH WISCONSIN BEST MANAGEMENT PRACTICES AND IN ACCORDANCE WITH CHAPTER 29, TO THE SATISFACTION OF THE CITY EROSION CONTROL INSPECTOR. 4. PERMIT CONDITIONS SHALL REFLECT THE APPROVED SETTEMENT AGREEMENT. ...................................... Issue Date .... 6/30/00 Valuation .... 0 ...................................... Fee summary Charged Paid Due """"""""_ """"" """"" """"" Permit Fee Total .oo .oo .oo ...................................... *IMPORTANT* Inspections Are Required For This Construction. All insoections shall be called in a minimum of 24 hburs in Hrs. 8am - 4:30pm Authorized Signature ------