CCR2006106.
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COMMON COUNC~L - CITY OF MUSKEGO
RESOLUTION #106-2:006
APPROVAL FOR ACCESS AND GROUNDWATER MONITORING AGREEMENT
BETWEEN
THE CITY OF MUSKEGO AND JIILL'S DRY CLEANERS
WHEREAS, The attached Agreement for Access and Groundwater Monitoring has
been reviewed by the Finance Committee and has been recommended for 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
the Agreement for Access and Groundwater Monitoring between the City of Muskego
and Jill's Dry Cleaners.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in tlhe name of the City.
DATED THIS 23rd DAY OF _~~!Y...__, 2006.
SPONSORED BY:
FINANCE COMMITTEE
Pdd. Nancy Salentine
Pdd. Eileen Madden
þ,ld. Eric Schroeder
This is to certify that this is a true and acc:uratl9 copy of Resolution #106-2006 which
was adopted by the Common Council of the City of Muskego.
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AGREEMENT FOR ACCESS AND GROUNDWATER MONITORING
THIS AGREEMENT is entered into as of , 2006 by and
between the City of Muskego, a Wisconsin MuEicipal corporation ("Owner") and Jill's
Dry Cleaners (JDC).
WHEREAS, JDC desires and Owner agrees to allow JDC, its consultants and
WDNR to have access to the Property, desclibed in Exhibit A (monitoring wells MW-5
and MW-6, on City of Muskego Freedom Square property), attached hereto and made a
part hereof pursuant to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as :['o11ows:
1. AGREEMENT FOR THE ACCESS, MAINTENANCE, AND USE OF
GROUNDWATER QUALITY MONITORING WELLS
1. The Owner grants a license to JDe to u.se a portion of the Property for the
purpose of installing, maintaining and. utilizing groundwater quality monitoring
wells. The telm of this license shall be Üve (5) years unless at that time WDNR
deems that the monitoring of one or Inort: of the wells is still necessary. In such
case, the term will be extended fi)r additional five (5) year periods until WDNR
deems that monitoring of any of the wells is no longer necessary. In addition to
the right to install, maintain and utilize such wells, the Owner also further grants
JDC the' right of ingress and egress to the Property to provide access to the wells.
2. The wells and any associated structure shall be installed and maintained in
a good safe, workmanlike manner by JDC, exclusively at the sole cost and
expense of JDC. JDC shall take reasonable precautions to minimize damage to
the Owner's Property fi~om the installation of the wells and shall restore the
Property to as close to the original condition as is reasonably possible following
installation.
3. At the end of the term ofthe license, JDC shall promptly abandon all wells
installed pursuant to this Agreement. Said abandonment shall be done in full
compliance wiith all applicable State Statutes and Administrative Code provisions.
JDC shall restore the Property to as dose to the original condition as is reasonably
possible following said abandonment.
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4. JDC shall indemnify, defend, and 'hold Owner harmless from and against
any claim, liability, damage, loss, cost, suit, expense, demand, judgment, or cause
of action (inclUlding reasonable attomey's fees) associated with the entry by or
activity of JDe, or its employees, agents, contractors, or subcontractors, to the
extent that such arises from installation, presence or operation of the monitoring
wells on the Property, including but not limited to, any contamination of
groundwater caused by the presence of the monitoring wells.
5. JDC shall have the right to enter the Property as identified above at
reasonable timé:s and in a reasonable manner for the purpose of measuring water
levels or taking samples from the monitoring wells and for the purpose of
servicing, maintaining and removing the wells.
6. This Agreement for the installation, maintenance, and use of groundwater
quality monitoring wells shall become ,effective on the day hereinabove written.
II. GENERAL PROVISIONS
7. On the completion of ,my activities undertaken pursuant to this
Agreement, JDe shall immediately remove any and all such vehicles, equipment,
and any other items brought upon the Property.
8. JDC shall, within thirty (30) days of æceipt thereof, provide Owner or
Owner's designee with copies of all anaIytical data associated with the monitoring
well(s) installed on the Property.
IN WITNESS THEREOF, :the parties ha.ve executed this Agreement as of
the date first above written.
Jill's Dry Cleaners City of Muskego
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By:
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Ms. Jill Fitzgerald
Owner -- Jill's Dry Cleaners Attest:
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LOCATION OF DRY CLEANING MACHINE
BENCHMARK ENVIRONMENTAL BORING
WITH PCE SOIL CONCENTRATIONS IN rnglkg
PROPOSED HAND AUGER BORING
LEGEND
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ENVIRONMENTAL CON5UL1rATION. REMEDIA-rIOIl
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APPROX''''ATE SCALE
PROPOSED GEOPROBE BORING.
"w" DESIGNATES A WATER SAMPLE
ALSO COLLECTED AT THE LOCATION
PROPOSED MONITORING WELL LOCATION
TWO PROPOSED MONITORING WELLS
ON CITY OF MUSKEGO PROPERTY
SITE MAP WITH PROPOSED BORING AND
MONITORING WELL LOCATIONS
JILL'S DRY CLEANERS
MUSKEGO, WISCONSIN
Scole: 1"=60' Date: March 24, 2006
KPFtG Proposal No. 13905 EXHIBIT
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