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CCR2004144. . . REMOVED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #144-2004 APPROVAL OF DEVELOPER'S AGREEMENT AND LETTER OF CREDIT AMOUNT Janesville Road Medical Clinic WHEREAS, A Developer's Agreement and Letter of Credit amount have been received for the Janesville Road Medical Clinic; and WHEREAS, The Finance Committee has reviewed the documentation and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Developer's Agreement and Letter of Credit amount for the Janesville Road Medical Clinic, as attached, are hereby approved subject to approval of the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) days of the date of approval of this Resolution or the same will be null and void. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City, and that the Mayor, in consultation with the City Attorney, may make any necessary technical corrections. DATED THIS DAY OF ,2004. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy C. Salentine Ald. Eric Schroeder Ald. Eileen Madden Removed: 9/14/04 This is to certify that this is a true and accurate copy of Resolution #144-2004 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 9/2004jmb . . . LAW OFFICES OF ARENZ, MOLTER, MACY & RIFFLE, S.C. 720 N. EAST AVENUE P.O. BOX 1348 WAUKESHA, WISCONSIN 53187-1348 Telephone (262)548-1340 Facsim ile (262)548-9211 Email: drn olter(ã?arn In r net DALE W ARENZ DONALD S. MOLTER, JR. JOHN P. MACY, COURT COMMISSIONER H. STANLEY RIFFLE, COURT COMMISSIONER RICK D. TRINDL ERIC J. LARSON JULIE A. AQUAVIA DYAN E BARBEAU JOSEPH D. MELENDES Septem ber 13, 2004 Via Em ail Mr. Sean McMullen Director of Engineering CITY OF MUSKEGO P.O. Box 749 Muskego, WI 53150-0749 Re: Janesville Medical Clinic Development Dear Sean: Per our correspond and telephone conferences of September 9th and 10th, 2004, you are aware that it is my opinion that Resolution #144-2004 should be removed from the agenda because it is my opinion that this public works project must be publicly bid and we cannot approve a Developer's Agreement as attached to the Council agenda. As we discussed, I believe that this project is distinguishable in that this development is not subject to Chapter 236 of the Wisconsin Statutes or the City's land Division Ordinance. We have reviewed and distinguished the Woods Road Candlewood Creek project and agreement from this proposed project in that the Candlewood Creek project involved incidental work outside of the subdivision and all agreements were entered subject to Wisconsin Statute Chapter 236 which, in general, and in part, requires the Developer to install necessary public improvements at their expense and then dedicate them to the City. In conclusion, in my opinion, this matter should be removed from the agenda and be publicly bid by the City with prior agreements from the Developer if desired by the City as to payment for the same in advance. If you have any further questions, please call. Sincerely, ARENZ, MOLTER, MACY & RIFFLE, S.C. ~o;u;,/J $. MoJJu, lit.. Donald S. Molter, Jr. DSM/pw cc: Mayor Mark A. Slocomb (Via Email) Ms. Janice Moyer, Clerk (Via Email)