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CCR2022.059-Terminating REC Agreement COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #059-2022 RESOLUTION TERMINATING A TERMINATION AND REC AGREEMENT BETWEEN THE CITY OF MUSKEGO AND THE VILLAGE OF MUSKEGO LAKES PARTNERSHIP WHEREAS, Country Club Villages, Inc. (CCV) is a Wisconsin Corporation formed in 1989 to own and develop property in the City of Muskego located around the Muskego Lakes Golf Course; and WHEREAS, On February 3, 1992, CCV entered into a Petition for Improvements and Agreement regarding Special Assessments with The City of Muskego (City) whereby CCV agreed to pay for the entire cost of sewer construction needed to bring sewer service to certain parcels owned by CCV for development and, in exchange, CCV was awarded a prepaid balance of residential equivalent connections (RECs); and WHEREAS, The RECs are pre-paid credits that are drawn down by City upon completion of residential units and connection to the sewer lines; and WHEREAS, On August 23, 1994, CCV and City entered into an amended and restated version of the Petition; and WHEREAS, By agreement of the parties, the Petition and the Amended and Restated Petition were assigned by CCV to Village of Muskego Lakes Partnership (VML) on June 27, 1995; and WHEREAS, The parties operated under these Agreements until April 17, 2003, when they agreed to enter into a Termination and REC Agreement which terminated both the Agreements referenced above; that said Agreement was entitled “Termination Agreement as to Amended and Restated Petition for Improvements and Agreement Regarding Special Assessments Entered By and Between Country Club Villages, Inc. and the City of Muskego Dated August 23, 1994 and Agreement as to Use of REC’s”; and WHEREAS, The Termination and REC Agreement substantially attempted to simplify and clarify the agreement between the parties as to (a) the then-current balance of RECs, (b) the procedure for applying for the use of RECs, and (c) the land towards which the REC balance may be applied; and WHEREAS, To date the City is holding prepaid REC funds from VML in the amount of $459,943.48 in an accrual account; and WHEREAS, The City is unable to use said funds in any manner other than the assignment of RECs for properties developed by VML; and WHEREAS, In the past year, the City and VML have been in a legal dispute as to the further assignment of unused prepaid RECs for properties owned by VML as well as properties that were sold by VML to other developers of which VML is requesting the assignment of RECs for; and WHEREAS, the parties wish to enter into an Agreement terminating the 2003 Termination and REC Agreement and pay out to VML the remaining funds being held in the prepaid REC accrual account; and WHEREAS, The Finance Committee has reviewed the attached Agreement Terminating the 2003 Termination and REC Agreement and recommends approval of the same. 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 Terminating the 2003 Termination and REC Agreement and authorizes the payment of $459,943.48, to VML as a return of its prepaid RECs to close out this matter. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to it as may be necessary in order to preserve the general intent thereof. DATED 26th DAY OF JULY 2022. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #059-2022 which was adopted by the Common Council of the City of City. ________________________________ Clerk-Treasurer 7/22cmc