CCR2019050-Prairie Meadows
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #050-2019
APPROVAL OF PRAIRIE MEADOWS
STORM WATER MANAGEMENT PRACTICE
MAINTENANCE AGREEMENT
WHEREAS, On February 11, 2003, Prairie Meadows Estates, LLC (“Estates”), Prairie
Meadows Subdivision Homeowners Association, Inc. (“Association”) and the City of
Muskego (“City”) entered into a document entitled, “Prairie Meadows Retention Pond
Maintenance Agreement (“Agreement”); and
WHEREAS, Pursuant to the Agreement, upon completion of improvements and
conveyance to the Association, the Association as the owner of the retention pond, was
in charge of all maintenance of the retention pond, including but not limited to, removal
of debris, maintenance of vegetative areas, maintenance of structural storm water
management measures and sediment removal; and
WHEREAS, In an effort to assist the Association with maintenance of the retention
pond, the City was willing to administer an annual drawdown of the retention pond and
inspect for sediment build up; the removal of sediment as determined by the City was to
be completed by the Association pursuant to the terms outlined in the Agreement; and
WHEREAS, To cover the City’s costs for the drawdowns and inspections, Estates
deposited funds in an account with the City as an estimated cost for the first five years
of maintenance; subsequent to the five-year period, Association would take over
depositing funds with the City to cover such costs; City currently maintains funds in an
account for this matter; and
WHEREAS, The Estates, Association and the City wish to rescind the current
Agreement and enter into a new Agreement entitled, “Prairie Meadows Storm Water
Management Practice Maintenance Agreement” whereby the City inspects but no
longer is in charge of completing an annual drawdown of the retention pond; that under
the new Agreement, Association is solely responsible for all maintenance of the
retention pond and any remaining funds that the City has on account pursuant to the
terms of the current Agreement will be refunded to the appropriate party; and
WHEREAS, The Finance Committee has reviewed the new Agreement and has
recommended approval to the Common Council.
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 attached Prairie Meadows Storm Water Management Practice Maintenance
Agreement.
BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement
and the City Attorney is authorized to make substantive changes as may be necessary
in order to preserve the general intent thereof.
TH
DATED THIS 11 DAY OF JUNE , 2019.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #050-2019 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
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