CCR1992030COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #30-92
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND MUSKEGO LAKES COUNTRY CLUB
WHEREAS, the Finance Committee and Country Club Villages, Inc.
have negotiated the attached agreement; and
WHEREAS, the Finance Committee has recommended 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 attached agreement between
the City of Muskego and Country Club Villages, Inc.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
execute said agreement in the name of the City.
BE IT FURTHER RESOLVED that Country Club Villages, Inc. shall
execute the agreement on or before the 7th day of February, 1992
and prior to the City executing said agreement, and if said
Country Club Villages, Inc. has not executed said agreement on
be null and void.
or before the 7th day of February, 1992, this resolution shall
DATED THIS 28TH DAY OF JANUARY , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #30-92 which was adopted by the Common Council of the
1/92cac
AGREENENT REGARDING SPECIAL ASSESSMENTS PETITION FOR IMPROVEMENTS AND
WEREAS, Country Club Villages, Inc., a Wisconsin
within the southeast $ewer district in the City of Muekego, corporation (IICCV") is the owner of certain property located
Wieconsin, which property is described on Exhibit A hereto (the "CCV Property" ) ; and
~EREA~I CCV deaires thiit the City of hfuakego, Wiaconsin (the "Municipality") undertake certain public improvements that
benefit the CCV Property a6 well as the other properties within the aoutheamt sawer diatrict;!
NOW, THEREFORE, CCV and the Municipality hereby agree ae follows I
the Mvhe constru~t on of #@war j,mpp&&mente
a8 deecrfbed in Alternate 6 of the Southeast Area Facility Plan (the "Southeast Area Facility Plan") prepared by Ruekort h Mielko, Inc., the Municipality's engineers, except for the conetruetion of the Ryan Road lift atation and ita aSEOCiated
Improvements, as stated In thja Southeaet Area Facility Plan, is force main (the "Improvements1'). The estimated cost of the
Section 1. Petition For, Im rovwn n e. CCV requests that -
$1,800~006.
Section 2. Payment For Coste of Improvements Through and indirect
the CCV Property engfneering,
inspection, and financing costs, financial advimory fees and 1Gal feei) shall be
the parcels that is a part of the CCV Property (the "Special
levied by the Municipality as special aase8emente against each of
Aasessmenta" ) .
The Municipality shall, pursuant,to Section 66.60 of the Wirconein statutes, levy the Special Aseeeamente against the CCV
Property in conformity with this Agreement, the 'tEfigLn&rl a Report bn ,Propond Reeerve capscity Aeseesment for city of Muokego Wastewater Conveyance IFacilitiee to MMGD Boutheaat Facility Plan Area" prepared ty Rueksrt br Mfelke, Inc. and the
special assessment policies of the Municipality.
Section 3. Waiver of RLqhts: ACknwledQemsnt of Benefit.
CCV herebv waivee. Dursuant to Section 66.601181 of the Wisconain
statutes, any and'ail requiremente of the Wisconein Statutes which must be met prior to the imposltlon of special asseaamenta
(including, but not limited to, the notice and hearing
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requirements of Section 66-60 and the notice requirements of Section 66.54(7)) and agreee: that the Municipality my proceed immediately to levy the Special Aseessments aa outlined herein.
CCV further waivee its right,e to appeal from the Special A08e5Smente and stipulates that the amount of the Special
Aaaesementa to be levied againat the CCV Property haa bsen
determined on a reasonable basis and that the benefit6 to the
~ CCV Property from the proposed Improvem~nt8 will exceed th& aNIUUnt Of the Sp4cial Aasees:mente against the ccv Property.
that It will, ae a condition to receiving a sewer connection
Municipality an amount equal to 200% of the portion of the permit for any portion of thtr CCV Property, pay to the
outstanding amount of the Sprreial Aaseesments which is
attributable to the parcel of the CCV Property to which the
permit im applicable.
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Section 4. Payment of :Special Aeeeesmente. (a) CCV agreea
(b) CCV further agrees that upon the gale of any parcel of the ccv property, it will pay to the Municipality an amount equal
to 2008 of the portion of the outetanding amount of the Special
Aasesment which is attributable to the parcel of the CCV Property sold; 'provided that no such payment shall be required if
hdLU!LA
the purchaser executes an agreement pf the tvm-
(c) CCV and any purchamr of CCV Property who 0asume~ the obligations under this Agreement as described in (b) above will
8 continue to make mch papentlr until such time AB the SUI of^ all UCh payments, together with the amount of the Special ABSeB0ment therwiae paid with respect tcr the CCV Property equal6 the total
pursuant to this Agreement, together with the intereet which has
amount of the Special ABsememflnts levied against the CCV Property
been paid or is payable therean.
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v aareemant executed bv a purchaser of a parcel of
-for
CCV Pr- to Ibl above ahall ba in form and
a varcel of the CCV Pro~ertv which is aold ahall be subiect to
Munfciaalitv's amr pnreasonablv withhelq.
oval of a%- nat
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Section 5. Covenante of the MuniclDality. The Municipality
agrees that!
(a) It will have Ruekelrt b Mielke, Inc., the Municipality’s
engineers, proceed with the praparation.,.of plane and epecificationr for: the Imptovementa., subject tc (i) the conditiona eat forth in the finel
under Section 7 of this Agreement. paragraph of this Section 5 and (ii) the reimbursement obligation of ca
(b) The Improvements will be made in accordance with plana
and specifications to be provided by Ruekart & Mielke, Ink,, the
Municipalityts engineers, and approved by the Municipality. The
Municipality shall have the right to make such changes in the
plans and specification8 a8 it deems neceseary or deeirable.
Improvemente and, when awardod, will award the oonetcuctlon bide (c) It will advertiee for bide for the construction of the
to the loweet reeponeible bidders; provided that the Municipality
shall have the right to re ec:t the bids if the cost of the Improvements exceeds $1,98 d ,000. The Municipality will supervise the construction of the Improvement6 through completion, will
damage adjustments will be czedited againet the cost of the
enforce all ptovieione of the conetruction contracts, and any
Improvemente.
necessary in order fV 10Uy the Special AiMbbnmente to pay the
coat8 of the Improvemente.
obligation bonde or promiseor!? notee to finance the cost of the
(e) It will use its beai efforte to iesue general
Improvemente, but ehall have 110 obligation to iaeue such bonde or
notee if (i) a petitlon for a referendum or a petition under
Section 67.22, Wis. State,, iu filed with respect to the bonds or
note6 or (ii) The Bond Buver’ri 20-Bond Index exceeds 8.00$,
given to other developments in. the Municipality and will not
arbitrarily or unreasonably withhold approval el the development
plans outlined in td Busineecl Plan and Master Covenants for Country Club Villages, a8 amended from time to time (the l’Bueineas Blan” ) .
(d) It will adopt all rseolutions and take all other etepa
(f) It will give CCV’e 6:evelopment the same coneideration
When (i) CCV hae received preliminary plat approval for the
firat “Village“ of the developnent outlined in the Buslnese Plan
Milwaukee Metropolitan Sewerage District (“MHSD‘) and the and (ii) the SOUthea6t -ea Facility Plan ill approved by the
Wisconsin Department of Natural Resources (“DM”), the Municipality will proceed with the preparation of plane and
epecificationm for the Improverrents as described in (a) above. The covenants of the Municipality Bet forth in subeectione (b),
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(e) and (e) above are subject to the condition that no construction of the Improvements will be ordered until Phase 1 of the first Village of the development out'llned in the Business Plan has received all required regulatory approvale (the
"Approvalst'), which include,but are not limited to approval of the final plat by the Municipality and the State of Wisconsin, execution of a subdivider's agreement, all necessary zoning or rezoning approvals and a MuBkego sewer extension permit. In addition, the Munlcipality shall have no further obligation under this Agreement if the Approv'sls with respect to Phase 1 of the firat Village are not obtainlad within 5 yeare after the date of this Agreement. For purpose:3 of thie Agmement, Phase 1 of the first "Village" must consist of at least 145 residential equivalent connections or "R13Ce." Further, the Municipality
shall have no obligation UnQI:r thie Agreement if any affected pr6perty owner appeals or othemiae brings a legal challenge against the special as6eammdrLts levied to pay the coat of the Improvements.
Section 6. Sewer Capaci9. (a) The Municipality ehall initially rmerve 300 RECs fc'r CCV (the "Initial
RECs"). Upon receipt by CCV of all Approvale with re$pect to the development of Phase 1 of the firet Village described in the Buainess Plan, the Municipality will allocate sewer capacity sufficient for Phase 1 of that Village (which ie anticipated to
be approximately 350 of the 1,nitial RECs). The balance of the
Initial RECe will be allocated to CCV from time to time upon the receipt by CCV of all Approva.Ls with respect to additional
@development described in the 13ueiness Plan.
in Section 4(a) or Q(b) , the Nunicipality will allocate to the CCV Property one additional RI:C (a "Prepaid REC") for eqFh
Initial REG with respect t0 WUth the payment is made. ccv shall pay for a11 of the Initial RECls through payments described in Section 4(a) or 4(b) before an.y Prepaid RECs may be U6ed by CCV.
(b) When CCV makes a Special Aeseesment payment described
(c) (i) The allocation of an Initial REC (other than an
1 RRf! dth r"n0 a -uant to
Section 4fb)) shall expire if the Initial REC is not used by (1) the end of 5 years after the date that the Initial REC was allocated to ECV or (2) 3anuar:y 1, 2002, whichever is earlier.
SLanJL~iaLEL~ (il) If any Prepaid REC allocated to the CCV Property
pureuant to Section 4(b] ie unused for a period of 5 yeare or more from the date thqREC is rrllocated or is unused on January I, 2002, the Municipality ahad.l have the right to' regurchass that+C,at a price equal to the then-prevailing rate for REC6,
._ " w 'c
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I -S"t. an Initial REC or a Prepaid
I to the
I I REC is coneidered "uaed" onlv when a sewer connection Demit ia uortion of the CCV Pxoperty which the
excess of 600 RECs to the CCV Property or to allocate any RECs
beyond January 1, 2002.
(d) The Municipality hrrs no obligation to allocate in
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(e) The Municipality shall have no liability to CCV far
this Agreement if (I) the Municipality ier unable to provide such failure to provide sewer capucity in accordance with the terms of
capacity as tho result of a rloratorium or limitation on development impoeed by the State of Wisconein, the Department of
Natural Reeourcee or another gOV~~~entii1 entity (Othar than the MUniClphlity) , (ii) other faetars, other than acta of the Municipality intended solely to prevent CCV from utilieing such
capacity, prevent the Municipality from providing such capacity
or (iii) the sewer capacity allocated to the Municipalfty under
its contract with the Milwaukee Metropolitan Sewerage District
( "MMSDl' ) ia reduced 'or revoked by MMSD pursunnt to the terms of
that contract. CCV shall be eubject to applicable rulee and regulations of MHSD a8 well a5 all applicable State and Federal
laws.
that if it (n) chooses not toproeeedmenf of the CCV
Property as described in the 13ueinesa Plan or (b) fails to obtain
the Approvals with respect to Phaee 5 of the first Village within
*5 years from the date of this Agreement, it will reimburse the
Municipality for the engineering coat6 far the Improvements
incurred by the Municipality purmant to Section 5(a) above.
SeCtiQn 7. Reimbursemen.: of Ennineerinu Costa, CCV agrees
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Section 8. Covenant8 to Run wlth the Land, The obligatione
of CCV under this Agreement shall be covenentm which run with the
land, and this Agreement (or 8 memorandum thereof) shall be
a matter of recerd with respect to the CCV Property.
recorded with the Waukeeha County Register of Deeds BO that it i6
to be executed as of the ” day of 1992.
IN WITNESS WHEREOF, the partiee have caueed this Agreement
COUNTRY CLUB VILLAGES, INC.
By :
President
CITY OF MUSKEGO, WISCONSIN
Thie Puarles 6
53202.
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By :
Mayor
Attemt:
City Clerk
inetrument was drafted by Atterney Brian G. Lanser,
BYady, 411 East Wisconsin Avenue, Milwaukee, Wisconsin
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STATE OF WISCONSIN) 8 WAUKESHA COUNTY
jes,
on the day of January, A.D., 1992, before me, a Notary Public in andPor said County, personally appeared Wayne G. Salentine and Jean Marenda to me personally known, who being by me firet'duly sworn, did eay that they are the Mayor and City
municipal corporation named in and which executed the within Clerk, respectively, of'the Clity of Muskego, Wisconuin, the
instrument, end that the eeal affixed to said instrument is the
seal of said municipal corporation, and that said inetrument was
aigned and sealed on behalf of said municipal corporation by
authority of its Common Council and eaid Wayne G. Salentine and Jean Marenda acknowledged said instrument Eo be the free act and
deed 9f said mUniCipa1 bb~poration.
Notary Public, State of Wisconain MY cobission.
(Notarial Seal)
WAUXESHA COUNTY )
)as.
on this day of January, A.D., 1992, before me a Netary Public in and= said County, pereonally appeared
and first duly eworn, did say that they are the President and SeGretary, respeCtivbly, of Country Club Villages, Inc., the
corporation named in and which executed the within instrument and that said instrument was signed on behalf of said corporation by
authotity of ite Board of 0irec:tors and said and
andoof posation .
, to me :?ereonally known, who being by me
acknowledged said LnBtrurnen-e act
- K'otarv Public. State of Wisconsin ~y Cohesion' (Notarial Seal)
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EXHIBIT A
Descriptix of CCV PropPrty