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CCR2007122COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #122-2007 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEGO AND ERIC AND KIMBERLY UDVARE AS A RESULT OF THE CONSTRUCTION OF WELL NO.9 WHEREAS, On June 28, 2005, the Common Council approved an agreement between Eric and Kimberly Udvare and the City to pay the property owners for work done at W130 S8574 Durham Drive as a result of the construction of Well No.9; and WHEREAS, The agreement was to be executed and the work done following the construction of Well NO.9 being completed, and WHEREAS, The construction of Well NO.9 is in the process of being finalized; and WHEREAS, The Common Council must approve a new agreement, which has been updated to reflect a new completion date. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Agreement between the City of Muskego and Eric and Kimberly Udvare to pay the property owners for work as a result of the construction of Well NO.9 BE IT FURTHER RESOLVED That the Mayor and Clerk are authorized to sign the agreement in the name of the City. DATED THIS 12th DAY OF June ,2007. This is to certify that this is a true and accurate copy of Resolution #122-2007 which was adopted by the Common Council of the City of M skego. , 6/07jmb AGREEMENT WHEREAS, Eric and Kimberly Udvare, hereinafter referred to as "Owner", are the owners of the property known as W130 S8574 Durham Dr., Muskego, Wisconsin; and WHEREAS, the City of Muskego, hereinafter referred to as "City", is constructing a new municipal water well near the Owner's property referred to above; and WHEREAS, pursuant to certain governmental regulations, a private septic system cannot be located as close to a municipal water well as this septic system; and WHEREAS, construction of Well No.9 could cause damage to the private well in question. NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. The Owner shall contract with a contractor to abandon the private septic system on said property, install a sewer lateral and grinder pump to connect the house.on the property in question to the municipal sewer system and also to install a water lateral to connect the house to the municipal water system. The Owner will be allowed to maintain the private well under all rules and regulations that are applicable to similar situations. However, if said well shall not operate correctly, the City shall have no liability or further responsibility to the Owner. All work shall be to City standards and standards of any other governmental regulations. 2. The work shall be completed on or before the 31st day of October, 2007. 3. The City shall pay the Owner for the cost of said work referred to in Paragraph 01 above as the work is completed on the following schedule: Installation of grinder station w/vressure lateral. Installation of a 1 W' water service. Conversion of existing piping within the structure. Abandonment of the existing septic svstem. The total cost of the work to be reimbursed as stated in this paragraph shall not exceed $15,000. -/J; Dated this Æ4!!- day of :rüL r , 2007 .. .OZ æ~ .~~ timberly vare By: