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CCR1994147COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #147-94 TO “PETITION FOR IMPROVEMENTS AND APPROVAL OF AMENDMENT BETWEEN COUNTRY CLUB VILLAGES, INC. AND THE CITY OF MUSKEG0 a AGREEMENT REGARDING SPECIAL ASSESSMENTS“ WHEREAS, on February 3, 1992, the City of Muskego and Country Club Villages, Inc. executed a Petition for Improvements and Agreement Regarding Special Assessments; and WHEREAS, country Club Villages, Inc. has proposed an amendment be made to the original document to clarify language in the Agreement; and WHEREAS, Resolution #1-94, amended and adopted by the Common Council on January 11, 1994, authorized the Mayor to negotiate an amendment to the agreement; and WHEREAS, the Finance Committee has recommended approval of the attached Amendment to “Petition for Improvements and Agreement Regarding Special Assessments“ as prepared by the City‘s bond counsel, Quarles & Brady, and reviewed by the City Attorney. 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 Amendment to Assessments. I’ “Petition for Improvements and Agreement Regarding Special BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized the execute the documents in the name of the City. DATED THIS 26TH DAY OF JULY , 1994. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders Reso. Adopted 6/28/94 Reconsidered 7/12/94 Deferred 1/12/94 This is to certify that this is a true and accurate copy of Resolution #147-94 which was adopted by the Common Council of the City of Muskego. n 6/94 jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #147-94 APPROVAL OF AMENDMENT TO "PETITION FOR IMPROVEMENTS AND AGREEMENT REGARDING SPECIAL ASSESSMENTS" EEN COUNTRY CLUB VILLAGES, INC. AND THE CITY OF MUSKEGO r Improvements and February 3, 1992, the City of Muskego and Country WHEREAS, Coun made to the or Agreement; and posed an amendment be guage in the ed by the Common Mayor to negotiate an Council on January amendment to the agr ed approval of the attached Amendment to "P on for Improvements and Agreement " as prepared by the City's bond e City Attorney. now, THEREFORE, BE IT RESOLVE Committee, does hereby approve t Assessments. '' BE IT FURTHER RESOLVED that the Mayor Clerk are authorized DATED THIS 28th DAY OF June , 1994. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders Reconsidered and Deferred 7/12/94 This is to certify that this is a true and accurate copy of City of Muskego. Resolution #147-94 which was adopted by the Common Council of the n 6/94 jmb 0 JUN-24-1994 11:29 FECM 0 8 B 27TH FLOOR TO 96794106 P 03 AMENDMENT TO PETITTON FOR IMPROVEMENTS mn AGREEMENT REGARDTNG SPECIAL ASSESSMENTS DAPED FERRUARY 3, 1992 BY AND BETWEEN COUNTRY CJJJB VILLAGES INC. AND THE CITY OP MUSKEGO Section 5(f) of the Agreement is amended to re& as fol.~ows: (f) ft will give CCV's development th.e same con.sj.dera.tj.on. given to other devel.oprnents in the Municipality a.nd wl.].]. not arbitre.rj.ly or unreason~,bl.y withhold approval. of the deveJ.opment phn3 outl.j.ned in the Business Pl.an and Master Covenants for Country C3.u.b Villages, is amended from time to time (the "Bu6i.ness P1.an"). fi.rst "Vi3.I.age" of the development outlined in the Business Pl.an When (i) CCV ha8 received preliminary plat approval. for the and. (ii) the Southeast €ma Facj.3.j.ty Plan is approved by th,e MI3.waukee Metropolitan Sewerage District ( "MMSD" ) and the Wisconsin Department of Natural. Resources ( "DNR" ) I the Munj.cLpd.J.ity will proceed with the preparation of pI.a.n,s an.d The covenants of the Murticipa.l.j.ty set forth in subsections (b), specifications for the 1:mprovements a$ described in (a) above. (c) and. (e) above are subject to the condition tha.t no construction of the Improvements will. be ordered until. Phase 3. of the first Village of the devel.opment outlined in th.e Busfnoss Pl.an h.as received al.1 required regulatory approvala (the "Approvah") which inchde but are not limited to approval. of the final plat by the Municipality a.nd the State of Wiscon.sj,n., execution of a subdivider's agreement, a11 necessa.q n0nl.n.g or rezoning approvels and E; M.u.skego sewer extension permit. In addition., th.e Municipa.lj.ty Elhall have no further obligation un.der this Agreement if the Approvals with respect to Phase I. of the this Agteemen.t. For purposes of this Agreement I Phase I. of the f5.tst Vil.l.age are not otltained within 5 years aftex the date of equivalent cannectione or "RECS. I' Further, the Mu.nicipaLity fj.Yst "Vi3.l.age" must consist of at least 83 residential shall have no obligation under this Agreement if any affected property owner appea1.s or otherwise brings a legal chal.1.en.ge against the special assessments levied to pay th.e cost of the Xmprovemente. 0 e CCV wi1.1 pay for E3 RECs included in Phase 1. of the first Vi.l.l.age through Special Assessment payments described j-n. with respect to the devolopment of Phase 1 of the first ViI.lage, Section 4. In addition, upon receipt by CCV of all Approvals ccv will.'provide to th.e Municipality an irrevocable letter Of credj.t from a lender acc:eptable to the Municipa1,ity (the "tetter ,- 11:30 FROM 13 8 B 27TH FLOOR TO 76794156 P. 54 '0 Munj.cj.pal.l.ty, be provid.ed a5 part of a letter of credit furnished of Cred5.t"). The Letter of Credit may, with the coneent of the must ha in a.n. amount oqu.al. to 200'4 of the Special. RSSekSm@ntS for to th.e Municipal.ity for other purposes. Th.e Letter of Credit 62 RECs and. must provide that it can be drawn on by tho Munj.ci.pa1ity on, the date which. is 2 years after compl.etion and operability of the sewer force main an.d lift station which, serve the CCV Property if on t,hat date CCV has not obta.ined a.11. Approvals for development of CCV Property which wj.J.1 use 62 RECs Vil.1.a.ge). On such date, the Municipa1,ity may drew the full (in addition to th,e 83 F.ECs j.ncl.uded in Ph.ase 3. of the first amount: of the Letter of Credit: reduced by the amouzt of a,n.y paymen.ts made by CCV pursu.a.nt to Section 4 with, respect to any of the 62 additional RECs.