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CCR19922150 AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #215-92
APPROVAL OF AMENDMENT TO DEVELOPER'S AGREEEMENT
JC DEVELOPMENT
WHEREAS, a Subdivider's Agreement was approved between J.C.
Development (Bay Breeze Condomiminiums) and the City of Muskego
on November 29, 1988, and
WHEREAS, the Subdivider's Agreement between J.C. Development
and the City of Muskego was further amended on May 12, 1992, and
WHEREAS, the Plan Commission and Finance Committee have
recommended that Section VI 0, Tennis Courts, be deleted
the attached Amendment.
from the Agreement and replaced with new language as stated in
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission
and Finance Committee, does hereby approve the Amendment to the
Developer's Agreement, as amended and attached, subject to the
approval of the City Attorney.
0 DATED THIS DAY OF , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Patrick A. Patterson
Ald. David D. Sanders
This is to certify that this is a true and accurate copy of
the City of Muskego.
Resolution #215-92 which was adopted by the Common Council of
City Clerk
Deferred 8/25/92
Deferred 9/8/92
AMENDMENT TO DEVELOPER‘S AGREEMENT
referred to as “Ingersoll“ and the City of Muskego, hereinafter
referred to as “City,“ entered into a Developer‘s Agreement
dated November 29, 1988; and,
WHEREAS, Ingersoll Development Corporation, hereinafter
Corporation, hereinafter referred to as “JC, the successor in
interest to Ingersoll,” entered into a Subdivider’s Agreement
dated October 10, 1990; and,
WHEREAS, The City of Muskego and J.C. Development
WHEREAS, The City of Muskego and J.C. Development
May 12, 1992.
Corporation further amended the Developer’s Agreement on
WHEREAS, JC, the successor in interest to Ingersoll as to
the agreement entered on November 29, 1988, and the City wish
to amend the same.
both parties, it is agreed as follows:
NOW, THEREFORE, For valuable consideration acknowledged by
That Section V, 0, Tennis Court, shall be amended to
delete the following:
“To construct a tennis court, as shown on Exhibit “A”
attached. The Developer agrees to construct said tennis
court the earlier of four (4) years from the date of this
agreement, or 6 months after completion of the last
condominium building to be built, weather permitting,
the location of the tennis court, however, shall not be as
stated on Exhibit A, but shall be in the middle of the Bay
Breeze Condominiums in the park common area, said area
that is bound by buildings 7, 8, 9, 10, 11, and 12.”
That Section V, 0, Tennis Court, shall be replaced with the
following:
“The developer agrees to reimburse $5,000 to the City Park
Dedication Fund in lieu of the construction of the tennis
courts, and that the remainder of the value of said tennis
courts, to be a minimum of $15,000, be given to the Bay
Breeze Condominium Association.“
Dated this day of , 1992.
JC Development Corporation City of Muskego
BY BY
BY BY
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #215-92
AMENDED
APPROVAL OF AMENDMENT TO DEVELOPER'S AGREEEMENT
JC DEVELOPMENT
WHEREAS, a Subdivider's Agreement was approved between J.C.
Development (Bay Breeze Condomiminiums) and the City of Muskego
on November 29, 1988, and
WHEREAS, the Subdivider's Agreement between J.C. Development
and the City of Muskego was further amended on May 12, 1992, and
WHEREAS, the Plan Commission and Finance Committee have
recommended that Section V, 0, Tennis Courts, be deleted
from the Agreement and replaced with new language as stated in
the attached Amendment.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission
and Finance Committee, does hereby approve the Amendment to the
Developer's Agreement, as amended and attached, and as
presented to the Clerk by Godfrey h Kahn and dated October 13,
1992 subject to the approval of the Mayor upon recommendation
of the City Attorney; the Mayor and Clerk are authorized to
execute the same upon said approval.
DATED THIS 13TH DAY OF OCTOBER , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. David J. Sanders
Ald. Edwin P. Dumke
This is to certify that this is a true and accurate copy of
Resolution #215-92 which was adopted by the Common Council of
the City of Muskego.
8/92 jmb Deferred 8/25/92 Deferred 9/8/92
AMENDMENT TO DEVELOPER'S AGREEMENT
WHEREAS, Ingersoll Development Corporation, hereinafter
referred to as "Ingersoll" and the City of Muskego, hereinafter
November 29, 1988, and
referred to as "City," entered into a Developer's Agreement dated
WHEREAS, the City and JC Development Corp., hereinafter
Agreement dated May 12, 1992: and
referred to as "JC," entered into an Amendment to Developer's
WHEREAS, JC and the City wish to further amend the
Developer's Agreement.
NOW, THEREFORE, for valuable consideration acknowledged
by both parties, it is agreed as follows:
1. Amendment to Develouer's Aareement. Section V, 0,
of the Developer's Agreement is hereby amended to read as
follows:
0. Tennis Court. Any other provision
of this Agreement notwithstanding, the Developer
court in connection with the Planned Unit
shall not be required to construct any tennis
Development provided for herein.
2. Contribution. In consideration of the City's
agreement to amend the Developer's Agreement as contemplated by
Section 1, above, and as compensation for the added burden which
will be placed upon the City's recreational facilities by virtue
of the elimination of the tennis court from the Planned Unit
Development, JC hereby agrees to contribute $5,000 to the City of
Muskego Treasury, such contribution to be made in cash within
five (5) business days of the date hereof.
3. Indemnification.
amend the Developer's Agreement as contemplated by Section
(a) In consideration of the City's agreement to
Jr., individually, (collectively, the "Indemnifiers".) hereby
1, above, JC and Colette 3. Giefer and John S. Ingersoll,
agree to indemnify the City, its officers, employees and
agents, from and against any loss, damage, cost or expense
person, corporation or entity against the City, its
in any way relating to any claim brought at any time by any
agreement to amend the Developer's Agreement as contemplated
officers, employees and/or agents based upon the City's
by Section 1, above.
notify the City with respect to any such claim, then the
City shall promptly notify JC thereof in writing: provided,
however, that failure to give such notification shall not
affect the indemnification provided for hereunder, unless
the Indemnifiers shall have been actually prejudiced as a
result of such failure, and then only to the extent of such
prejudice.
(b) If any person, corporation or entity shall
(c) JC shall have the right to compromise or
defend, at its own cost and expense and by its own counsel,
any such matter: provided, however, that no compromise of
being sought shall be made without the consent of the City
any claim for which indemnification under this Agreement is
unless such compromise results in the full and unconditional
release of all claims against the City, its officers,
employees and agents, by the party asserting such claim. If
JC shall undertake to compromise or defend any asserted
liability, it shall promptly notify the City of its
intentions to do so. The City shall cooperate with JC and
its counsel in the defense against such asserted liability
and any compromise thereof. Such cooperation shall include,
but not be limited to, furnishing JC with any records,
books, or information reasonably requested by JC. After JC
has notified the City of its intention to undertake to
compromise or defend any such asserted liability, the
Indemnifiers shall not be liable for any additional legal
expenses incurred by the City with respect to such claim.
However, the City shall have the right to participate in the
defense of any such claim at its expense, in which case JC
with the City about the claim. If JC does not assume the
shall cooperate in providing information to and consulting
defense of any such claim, the City may defend against or
settle such claim in such manner or on such terms as it, in
its sole discretion, deems appropriate, and shall be
indemnified by the Indemnifiers for the amount of any
costs, including, without limitation, reasonable attorney's
judgment or settlement and for all losses, expenses and/or
2
fees, incurred by the City in connecti with the defense or
settlement of such claim. el /!! e" u)dd Dated this day of -, dmNbLrbgg2
JC DEVELOPMENT CORP.
By :
ada-ing.ifg
10/16/92
u
Colette J. Gier
i/
CITY OF MUSKEGO
3
\ AMENDMENT TO DEVELOPER'S AGREEMENT
kego, hereinafter
n, hereinafter
as "City," entered into a Developer's Agreement
er 29, 1988; and,
he successor in
dated October
May 12, 1992.
Corporation furthe
WHEREAS, JC, the
the agreement entered
to amend the same.
both parties, it is agreed a
court the earlier of four (4) s from the date of this
ver, shall not be as
stated on Exhibit A, but shall be
That Section V, 0, Tennis Court, shall replaced with the
following:
"The developer agrees to reimburse $5,000 h o the City Park
Dedication Fund in lieu of the construction
courts, and that the remainder of the value said tennis
courts, to be a minimum of $15,000, be
Breeze Condominium Association."
Dated this day of
JC Development Corporation City of Muskego
BY BY
BY BY
rnITY/PLRN
DVAGRING