CCR1996193COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #193-96
AMENDED
APPROVAL OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND
S. & S. BALISTRERI
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the attached Developer's Agreement, as amended, between
development at 574 W16890 Janesville Road.
the City of Muskego and Salvatore & Stephen Balistreri for
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the documents on behalf of the City.
DATED THIS 27th DAY OF AUGUST , 1996.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
Resolution #193-96 which was adopted by the Common Council of the
City of Muskego.
8/96 jmb
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is dated as of this - day
of A August, 1996, by and between the CITY OF MUSKEG0 (the "City") and
SALVATORE J. BALISTRERI and STEPHEN P BALlSTRERI (collectively, the
"Owners").
RECITALS
The City and Owners acknowledge the following:
A. The Owners are the fee simple owners of the property located
at S74 W16890 Janesville Road, Muskego. Wisconsin, whch includes the land
legally described on Extubit A attached hereto (the "Land") and an approximately
21,554 square foot one-story building (the "Building"). The Land and the
Building are hereinafter sometimes collectively referred to as the "Property"
B. The Owners entered into a lease dated April 17, 1996 with
Blockbuster Videos, Inc. ("Blockbuster") for a potion of the Building.
0 C. At a meeting of the City Plan Commission held on May 7,
1996, the Owners requested the approval of certain modifications to the facade of
the Building to accommodate Blockbuster and Owners' desire to transform the
Building from a single tenant building to a multiple tenant building. At such
meeting, the City Plan Commission deferred a vote on the Owners' request due to
the reasons set forth in Recital D below.
D. At the May 7, 1996 Plan Commission meeting, the City
notified the Owners that a task force was being established by the mayor of the
City (the "Task Force") to establish certain design criteria to revitalize certain
areas of the City, which areas included the Property (the "Design Criteria"). The
Plan Commission wanted to have the Task Force's recommendations before
allowing the Owners to modify the facade of the Building. However, at the time
of the May 7 meeting, the Task Force had not yet commenced its work.
E. Since the Task Force had not yet established the Design
Critelia and the Owners and the City wanted to find a way to allow the Owners to
proceed with the Blockbuster transaction, the City adopted Amended Resolution
W.C. 79-96 on May 21, 1996 (the "Resolution").
F As required by the Resolution, the City and the Owners are
entering into hs Ageement.
AGREEMENTS
NOW THEREFORE, in consideration of the Recitals and the terms
and conditions set forth herein, the City and the Owners agree as follows:
1 The Owners may modify the Property in accordance with the
Amended Building: Site and Operation Plan, dated April 18, 1996 submitted by
A.J, Heinen, Inc. (the "Plan").
2. The Owners agree to resubmit to the City Plan Commission a
revised landscape plan A for the Property. Upon approval of such Plan. the
Owners shall promptly commence and complete the required plantines withm the
same time period required for completion of the Applicable Design Criteria
provided below.
3. The Owners agree that if the existing heads of the lighting
standards in the parkmg lot on the Land are to be removed and updated by the
Owners, the new heads shall be downcast cut-off sodium vapor light fixtures.
4. If and when the Task Force completes the Design Criteria, the
Owners and the City shall meet to discuss how to best apply such Design Criteria
to the Property in light of the tenants then in possession and the size and nature of
the Property (the "Applicable Design Criteria"). Both parties shall use reasonable
efforts to reach agreement on the Applicable Design Criteria witlun 90 days (or
such longer period as the parties may agree) after the City notifies the Owners in
writing that the Desirm Criteria have been established and approved and neither
pam, shall A withhold their approval unreasonably. However, the City agrees that
in no event shall the Owners be obligated to modify any signage of any of the
tenants in the Property or expend in excess of %dd, - in so complying with
the Applicable Design Criteria.
5. After the City and the Owners reach agreement on the
Applicable Design Criteria, the Owners shall promptly construct the same -
270 davs after the parties reach apeement, subject to delays beyond the Owners'
reasonable control. Upon completion of construction, the Owners' obligations
under this Agreement shall terminate and the Owners and City shall enter into a
document so terminating this Agreement.
2
0 6. Ths Agreement and the rights and obligations set forth herein
shall run with the land and be binding upon and inure to the benefit of the heirs,
successors and assigns of the parties hereto.
7 If the Owners fail to comply with the terms of this
Agreement, whch failure continues for more than 30 days after written notice
from the City (provided, however, that Owner's will not be deemed in default if
the nature of the failure reasonably requires more than 30 days to cure and Owners
have commenced to cure the failure within such 30 day period), the City may (a)
8. This Agreement may be amended only by a writing signed by
the parties hereto.
e 9. All notices required or which either partv desires to give or
make hereunder shall be in writing and mav be served: (i) personallv; (ii) bv
United States registered or certified mail. return receipt requested; (iii) by a
national courier service gm.ranteeing overnight delivety; or (iv) bv telephone
facsimile transmission with orivinal COQV to follow by one of the methods
specified in (i). (ii) or (iii):
(I) To Citv: cihl of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53 150
Attn: Mayor
(2) To Owner: Remhart, Boerner, Van Deuren.
Noms & Rieselbach. S.C.
1000 North Water Street
Suite 2 100
Milwaukee. WI 53202
Am: J.J. Balistreri. Esq.
Mailed notices shall be deemed to have been given on the
tlurd business dav after the date of mailing or upon receipt bv either party if
personally delivered and a written receipt signed therefor. or one (1) business dav
175554-2BTB:MG 08/06/96 3
following deposit for overnight deliven, with a national courier service
guaranteeing ovemipht delivery or the date sent bv telephone facsimile
transmission. Any party hereto mav change its address for the service as aforesaid
by giving written notice to the other of such change.
10. Notwithstanding anything to the contrruy contained herein,
the event the City fails to establish and approve the fmal Desim Criteria and
notify the Owner in writing of the same by / -,3/ - 97 . this Agreement shall
automatically terminate A and be of no Mer force and effect.
-
CITY OF MUSKEGO
BY
Attest:
Its
OWNERS:
Salvatore J. Balistren
Stephen P Balistreri
3
.'
e
e
State of Wisconsin ) ss
County 1
This instrument was acknowledged before me on A Aumst , 1996
and respectively, of the City of by and as
Muskego.
[Seal] ( 1
Notary Public, State of Wisconsin
My Commission
State of Wisconsin )
Milwaukee County )
ss
Ths instrument was acknowledged before me on A Atimst ,1996
by Salvatore J, Balistreri and Stephen P Balistren.
[Seal] (
Notary Public, State of Wisconsin
My Commission
Ths instrument was drafted by and after recording should be returned to:
Joseph J. Balistreri, Esq.
Remhart, Boerner, Van Deuren,
Noms & beselbach, S.C.
1000 North Water Street, Suite 2100
P.O. Box 92900
Milwaukee, WI 53202-0900
5
EXHIBIT A
That part of the Northvest 1/4 of Section 10. Tom 5 North, Range 20 East, in the City
of Nuskego, County of Waukesha, Stare of Wisconsin, bounded and described as follows:
Commencing at the Norchuest corner of the Southwest 114 of .said Section 10; thence
South 10 00' East along the west line of said Southwest 1/4 Section 10. 109.15 feet to
its intersection vith the centerline of State T& Bighvay *24-; chence North 62' 27'
East along the centerline of said highway 1020 69 feet to an angle point in said
highway: chence North 56O Dl' 12" East along the centerline of said highway. 351.95
Drive; thence Nortb 33O 58' 48" We6t along the Southerly extenoion of the Westerly lin
feet co its intersection uith the Southerly extension of the Westerly line of Parkland
of said Parkland Drive, 60 00 feet to a point in the Northerly line of said highway.
said point being the point of beginning of the land to be described; thence continuing
North 33O 58' 48" West along the Westerly line of said Parkland Drive 100 00 feet to a
point of curve; thence Northerly along the Westerly line of said Parkland Drive on a
curved line (whose ccnter lies co the Southwesterly, having a radiua of 385 00 feet,
with a chord of 146 19 feet, bearing North 44O 55' 27" West) a distance of 147 OB f
to a point of cangency; thence North 55O 52' 06" Wesc along the Westerly line of sai 9
Parkland Drive, 100 70 feet to a point ,of curve; thence Northerly along the westerly
line of aaid Parkland Drive on a curved line (whose center lies to the Northeast,
having e radius of 269 00 feet. with a chord of 54.90 feet. bearing North 50" OOo 39 5"
West1 a distance of 55 00 feet to a point; thence Souch 62O 27' West on a line 222 79
feer: to a point; thence South 27O 33' Ed6t on a line 411.31 feet to a point in the
Northerly line of said highway; thence North 56O 01' 12" East along the Northerly line
Of said highway 348.58 feet to the point of beginning
TU Key No MSKC 2198 985.001
MXJRESS: Sli W16090 Janesvillc RoaS
..
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #193-96
APPROVAL OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND
S. & S. BALISTRERI I
I
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the attached Developer's Agreement between the City of
Muskego and Salvatore E, Stephen Balistreri for development at S74
W16890 Janesville Road.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the documents on behalf of the City.
DATED THIS DAY OF , 1996
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
Resolution #193-96 which was adopted by the Common Council of the
City of Muskego.
Clerk-Treasurer
8/96 jmb
DEVELOPMENT .4GREEh4ENT
THTS DEVELOPMENT .4GREEMENT is dated as of this day
of Julv, 1996, by and between the CITY OF MUSKEGO (the "City") and
SALGATORE J, BALISTRERI and STEPHEN P BALISTRERI (collectively, the
"Owners").
-
RECIT.4LS
The City and Owners acknowledge the following:
A. The Owners are the fee simple owners of the property located
at S74 W 16890 Janesville Road, Muskego: Wisconsin, whch includes the land
legally described on Exhbit A attached hereto (the "Land") and an approximately
2 1.554 square foot one-story building (the "Buildmg"). The Land and the
Buildinn - are hereinafter sometimes collectively referred to as the "Property "
B. The Owners entered into a lease dated April 17, 1996 with
Blockbuster Videos, Inc. ("Blockbusrer") for a portion of the Building.
C. ,4t a meeting of the City Plan Commission held on May 7,
1996, the Owners requested the approval of certain rnoacations to the facade of
the Building to accommodate Blockbuster and Owners' desire to transform the
Bulldmg from a single tenant building to a multiple tenant bulldin.. - At such
meeting. the City Plan Commission deferred a vote on the Owners' request due to
the reasons set forth in Recital D below
D. 4t the May 7. 1996 Plan Comrmssion meeting, the City
notLfied the Owners that a task force was being established by the mayor of the
City (the "Task Force") to establish certam design criteria to rewtahze certam
areas of the City, wluch areas included the Propee (the "Desig Criteria"). The
Plan Comssion wanted to have the Task Force's recommendations before
allowing the Owners to modify the facade of the Building. However, at the time
of the May 7 meeting, the Task Force had not yet commenced its work.
E. Since the Task Force had not yet established the Design
Criteria and the Owners and the City wanted to fmd a way to allow the Owners to
proceed with the Blockbuster transaction. the City adopted Amended Resolution
2P.C. 79-96 on May 21. 1996 (the "Resolution").
175554DCT:LCP 06/29/96
0 F .4s required by the Resolution, the City and the Owners are
entering into tlus Agreement.
AGREEMENTS
NOW THEREFORE. in consideration of the Recitals and the terms
and conditlons set forth herein the City and the Owners ape as follows:
1 The Owners may modify the Property in accordance with the
Amended Building, Site and Operation Plan. dated April 18, 1996 submined by
A.J Heinen Inc. (the "Plan").
2. The Owners agree to resubmit to the City Plan Commission a
revised landscape plan with additional plantings located along the eastern
boundary of the Property
5, The Owners agree that if the existing heads of the lighting
standards in the parlung lot on the Land are to be removed and updated by the
Owners, the new heads shall be downcast cut-off sodium vapor light fixtures.
e 4. If and when the Task Force completes the Design Criteria the
Owners and the City shall meet to discuss how to best apply such Design Criteria
to the Property in light of the tenants then in possession and the size and nature of
the Property (the "Applicable Design Criteria"). Both parties shall use reasonable
efforts to reach agreement on the Applicable Design Criteria and shall not
withhold their approval unreasonably, However, the City amees - that in no event
shall the Owners be obligated to modify any signage of any of the tenants in the
Property or expend m excess of S in so complying with the Applicable
Design Criteria.
-
5. .4fter the City and the Owners reach agreement on the
Applicable Desig Criteria the Owners shall promptly consimct the same, subject
to delays beyond the Owners' reasonable control. Upon completion of
consmction. the Owners' obligations under hs Agreement shall terminate and the
Owners and City shall enter inro a document so terminating hs Agreement.
6. This Apeement and the rights and obligations set forth herein
shall run with the land and be bindmg upon and inure to the benefit of the heirs,
successors and assigns of the parties hereto.
7 If the Owners fail to comply with the terms of thls a .4greement, whch failure continues for more than 30 days after written notice
175554DCT:LCP 06i29196 - 3
from the City (provided. however, that Owner's will not be deemed in default if
the nature of the failure reasonably requires more than 30 days to cure and Owners
have commenced to cure the fdure witlun such 30 day period), the City may (a)
impose upon the Owners a fine of $100 per day per violation, (b) initiate legal
action or (c) both.
8. as Agreement may be amended onlv ~- bv a writing signed by
the parties hereto.
9. Notwithstanding anything to the contrary contained here&
thls .4greement shall automatically terminate on
CITY OF MUSKEGO
BY
Its
'4ttest:
OWNERS:
Salvatore J, Bahstreri
Stephen P Balistreri
State of Wisconsin )
Mlwaukee County )
ss
Ths instrument was acknowledged before me on July . 1996 by
and _.
as
and respectively, of the City of Muskego.
( )
Notary Public. State of Wisconsin
My Commission
liSS54DCTLCP 06/29/96 3
State of Wisconsin )
Milwaukee County )
ss
Th~s instrument was acknowledged before me on July -, 1996 by
Salvatore J, Bahstreri and Stephen P Balistreri.
[Seal] ( 1
Notary Public, State of Wisconsin
My Commission
This instrument was drafted by and after recording should be returned to:
Joseph J, Balistreri, Esq.
Remhart, Boerner. Van Deuren
Noms & heselbach, S.C.
1000 North Water Street. Suite 2100
P.O. Box 92900
Mdwaukee, WI 53202-0900
175554DCTLCP 06J.9196 4
EXHIBIT A
Leeal Descrintion of the Shnnoino Center
That part of the Northves: l/4 of Section 10, Tom 5 North, Fxqe 20 Eas:. 5 the City
OE Huskego, County of Waukes'ha, State of Wiaconsin. lxounded an? desczibed as follovs
Comencins at the fiorthvest corner of the Souchwest 1/4 of said Seczion 10; thence
South 19 00' Eaat along the west line of said Southwest 1/4 Seccion 10. i09.75 feet to
its intersection vith the centerline of Stace TmG Highway "24'; thence North 62' 27'
East alons the centerlint cf said highway 1020 69 fe-t to w. E~le poix in said
highxay; chace N0zt.k 56O 01' 12" Easc alozg the centerline of s-ic tahsay. 351.95
feet to its incersection cltn che Soucherly extension of the westerly li-e of Parkland
Drive; thence NorLb 33. 58' 48" 'des: along the southerly exrren3,ion of t5.e Kesterly lin
of saiC Parkland Drive. 60 00 feet tc a poin; i- che Nortkerly line of sai6 higkk'ay.
North 330 58' 48" West alono the Westerly line of said Parkland Crive 100 00 feet to a
said point being the point of beginning of the land. =o be described; thexe contkuixo
point of curve; thace Pjortherly aion? the westerly line of salt Parklac Drive on a
curved line (whose center lies io the Southwesterly, Pavir.5 a radius of 385 00 fee:,
with a chord of 1<6 19 :ezc. bearing North 444 55' 27" Hest) a discance of 147 08 feet
to a poln: of tanqency; thence North 55" 52' 06" West alon3 K~P iiesteriy line of said
Parkland Drive, 1OC 70 fe?t to a point c: curve; thence Northerly alons the Kesterly
line of said Parkland Drive on a curved line (whose center lies to the Noreheast,
having a radius 0: 760 00 feet, with a chord of 54 90 fetc. be2:inq North 50- OOo 39 5"
West1 a distance of 55 00 feet to a point; thence South 62" 27 iiest on a line 222 79
feez to a poinc; tilence South 2Yo 33' East on a line 417.31 fee; to a poixt in the
Northerly line of Said hici-way; thence Sorth S6O 01' 12- Sas: aions tk Xcrthe.rly line
of said tighvay 345 58 feet to the point of bcsiraiag:
Tax Key NO &KC 2198.98G 001
ADDRESS 574 'dl6890 Canesvillc Road
I
n
., 'I