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CCR1996247COMMON CO a OF MUSKEGO AMENDED RESOLUTION #247-96 APPROVAL OF DEVELOPER'S AGREEMENT AND AND LETTER OF CREDIT Boldt Development Corporation WHEREAS, the Developer's Agreement and Letter of Credit have been received for Boldt Development Corporation, as attached, and 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 Developer's Agreement and Letter of Credit for Boldt Development Corporation subject to approval of the Mayor in consultation with the City Attorney as to technical changes and specific changes to I. C. 3. and I. D. and Section I1 and also possibly to the Section on all of said approvals to be obtained within thirty (30) days of Building and Occupancy permits and approval of the City Engineer, the date of approval of this Resolution or the same will be null and void. BE IT FURTHER RESOLVED that the approval is subject to grading and drainage plans being approved by the Public Works Committee. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents.in the name of the City. DATED THIS 22nd DAY OF OCTOBER , 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 City of Muskego. Resolution #247-96 which was adopted by the Common Council of the -0 10/96 jmb DEVELOPMENT October 18, 1996 Mr. David L. DeAngelis Mayor CITY OF MUSKEG0 W182 S8200 Racine Avenue Muskego, WI 53150-0903 RE: Boldt Development Corporation Revised Developer's Agreement Dear Mayor DeAngelis: Enclosed is a revised copy of the Developer's Agreement, a copy of the form of the Letter of Credit to be issued, and the Public Improvement Checklist. I forwarded the Checklist to Matt Sadowski today to give the City more time to review this information. I expect to have Corporate Resolution for Boldt Development and the owners of the adjacent property for the Tuesday, October 22,1996 Finance Committee/Common Council meeting. Please feel lree to contact me with any questions in the meantime. Sincerely, BOLDT DEVELOPMENT CORPORATION b&hllrn(VlG44 Kristine K. O'Meara Vice President KK0:ncs Enclosures C: Matt Sadowski PEWPER’S AGEEEMWT @ This Agreement, made this day of ,1996 by and between Boldt Development Corporation, hminafm called the evelo lo pet", and the Cily of Muskego, a municipl corporation of the Statc of Wkamsin, located in Waubha County, kxeii called the “City. ” - wlTNEsm WEEREAS, the Developer has submitled for Bpproval by the City a ppxed Cdfied Survey Map for the commercial development of the southeast comer of Janesville Road and Parkland Drive in the City of Muskego (the “Site”), a copy of which is attached hereto as Exhibit A, the original of which will be remrded with the Register of Deeds far Waukesha County and a copy of which is on file in the office of the City Clerk WHEREAS, as a condition of approval, the governing body of the city may require that the Developer make and install certain imprwements reasanably necessary for the Development and further, may require dedication of public ulilities with the Development, to be conditioned upon the construction of said impmvcments aamdii to municipal specifications without cost to said municipality; and WHElRFAS, the City’s Engii, the City’s Public Works Committee, Public Utility Committee and Finanw Committee have duly appmved, cantingent of certain other approvals, Developx’s plans and specifications for such improvements, and the City’s Plan Commission and Common Council have duly appmved the final Site, Building, and Operation Plan contingent upon tht execution and performance of this agrement by the Develw. 0 NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: Dedoper,,,en~ly at its expense, shall: A. C LIGHT: Provide, with respect to the Site, a one time contribution to be paid upon completion of installation in an amount not to exceed +$1CQ5 to cover Subdivider’s equitable share of the cost for installation of traffic (“stop and go’) lights at the intersection of Janesville Road (C.T.H. ‘L”) and Parkland Drive (the ‘Intersection’). If the traffic @hts are not installed within 5 years after the effdve date bf, Developer shall be forever relieved by this obligation. B. BIKE PATH: Construct and pay for a b& path in the right of way on the frontage of letter attached hereto. The City hereby grants Developer the right to enter upon such frontage way to consmct the bike path. - Pa&&&&& pursuant to City approved plans and the specification C. 1. 2. 3. D. AGE BNDmG PLAY: Developer shall construct. install, furnish and provide facilities (including a detention pond) as approved by the City Engineer and Public Worh Committee for storm and surface water drainage throughout the Site, as shown on the Drainage And Masts Grading Plan. all in amdane with the plans and qxcifiatiws attached hereto, made a part hereof and marked Exhibit "B". Developer shall provide an "as built" survey post emsWwth gm&g which confirms that Developer has completed all ifflereuetfteRL4 e in accordance with the Drainage And Master Grading Plan. The City shall furnish to the Developer such permits or easemenls as may be. required in any public street or propeay to enter upon and install the above demii surface water drainage system therein. The City contemplates that when the property adjacent to the Site to the east is developed a de.b!ion pond will be constructed thereupon. Developer agrees that the detention pond on the adjacent Bite may be tied into the detention pond on the Site so long as Developer incurs no costs with respect thertto z& such tiein daes not advdy affect the use of the Site by the then current owner thereof. Such bin right shall be more. specifically set forth in the easement refarulced in Paragraph I.D. mprwE: Developer will, at the request of the City, grant an easement across the swthernmoot portion of the Site as shown on FM attached hereto to the adjacent land owner to the east. The easement will permit the development of a driveway acmss the Site so that the land to the east haa access to Parkland Drive through the Site. The City agrees that the driveway need not be put in place until and if the future use warrants the placement of the driveway. Specifically. the driveway will only need to be put in place if the adjacent land is developed as something other than an ofh building. All costs of development, maintenance, ad liiility for the road will be the responsibility of the develop of the adjacent land. In consideration of said easement, the adjacent land owners will -2- -3- The improvements set forth in Sections Z-& I.B.. 1.C and 8 u. above shall be mmpleted by the Developer within twelve (12) months from the signing of this Agreement. If the improvements set forth in Section IB; I.B.. LC, and € LE. have not been completed within twelve (12) months of the date of this Agreement, the Devdaper shaIl extcnd the Letter of Credit set forth in Section XI My hereof in a form accqtable to the City until such time as all am oompleled. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the improvements, such notice shall be consided a failure to complete the. improvements in accordance wilh this Agreement and shall entitle the City to immediately draw @st the Lette~ of Credit. OSION CONTROL AND PERMIT The Developer shall submit to the City, application for a Land Disturbing Permit and an Erosion Control Plan in accordance with the requirements of Won 29.06 of the city's Erosion Control Ordinance (Ord. Ha). No construction or grading can begin until said permit is received from the City. SECTION IV. INSPECTIONS AND AD"XT0N Developer shall pay and reimburse the City in advance of the signing of this Agreement, in awdance with Section 18.14 of the City's Land Division Ordinance and at times specified herein, but in any event, no later than thirty (30) days afk billing, all fces. expenses and disbursements which shall be incurred by the City prior to and following the date hereaf in connection with or relative to the construction, instalktion, dedication and acceptance of the improvements covered by Section I, including without IimitaIion by reason of designs, plans and specifications; supervision, inspection to insure that construction is in compliance with the applicable plans, specilications, regulations and ordinances; legal, administrative and fiscal work undettakeo to assure and implement such compliance. V The Developer shall: A. -: Provide any ea9ements on Developer's land deemed necessary by the City Engineers prior to the issuance of building permits. provided such eaJements are along lot lines or to the rear of the lots and are not any more restrictive to the building of commercial facilities beyond the applicable sideyard and offset distances required by the zoning for such lots. B. "X of Perf-: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 4 C. WeV Monumm: Properly place and install any lot, block or other monuments required by State Statute or City Ordinance. D. -: 1 Rcstricta construction ao that no structure of any kind which exceeds a height of 2 112 feet above the center of the intersection shall be permitted in tho vision =back area in conformance with Section 17:05.02(2) of the Zoning Ordinance.. E. &j&: Submit to the City valid copiea of all ageney permits including the Wisconsin D.N.R. and US, Amy Corpo of Engineers before construction cammenca and prior to any precwstnrctian meeting. The Ikvdw shall -tee the surface water drainUmDrov- on I hereof against d- to faultv rnm wkmand& umvided defects ap within a reria of one (1'1 year from the date mtl On from such f- o r w-s~~D. Th i s e- shall and mce. The Devew shall rrau_forv to citv n r xs* wigopnsin law p .. a h addition to, and not to the exclusion or prejudice of, any provision of this Agreement or documents ioeorporated herein by reference. Developer shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all rearonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed up the City, ita officen, agents and employees, and independent contracton growing out of this Agreement as stated above by any prty or parties. The Developer shall also name. as Additional Insured on its general liability insurance the City, its officers, agents, and employees, and any independent canbactors hired by the City to perform service as to this Development and give the City evidence of the same upon request by the City. The Developer shall agree that in addition to the City's rights herein, the provisiona of this Agreement shall be for the benefit of any purchaser of the Site or any interest thein. Further, that the sale of the Site shall not release the Developer From completing the work on the attached Exhibits. SECTION W IX. DlED ICATlON -5- TION X. ACCRWANCE OF WORK AND DEDIC- As and whcn the Developer shall have completed the bike path wnnccbf improvemeats hercin required, and shall dedicate the same to the City as set forth herein, the same shall be accepted by the City if said improvement shall have been completed as required by this Agreemeat and as required by applicable City ordinances and other applicable law and approved by the City Engineer, City Finance Committee and Common Council. VCXLON PER". ETC. W 1. The City shall. witbin its auhxiiy, issue such permits, adopt such resolutions, and execute such documents as may be neceSSary to permit the Developer to canstruct the improvements in amrdance with the plans and specifichns called for by this Agreement. upon Developer's compliance with my deposit pmvisiona or other requiremenh of the applicable ordinapcGF or regulations; and the. City shall cmpcrate with the Developer in obtaining similar permits, resolutiws and documents as may be necessary hm other authorities having jurisdiction in the premises. 2. The City shall, as a condition of the Developer executing this Agreement, make available to the Develop or their nominee SU~WII or assigns, building pennits for the construction of commercial buildings subject to the provision of Section Xn. A. ~uUdine Permits. It is expressly understood and agreed that no building permits for any buildings shall be issued until the City has determined that any DNR and ACOE permits are presented to the City, all past due balances in the Developer's Deposit have tea satisfied as reasonably determined by the. Planning Director,- Wction n control measures have been camdied with. and that this document has been executed. Gmding shall camply with the Master Grading Plan (See I.C.l). -6- B. Permi&. It is expressly understood and agreed that no Occupancy pCrm1ts for any buildings shall be issued until the City's Engineers bve de.&zmhj that this Agreement has bcen complied with in all material respects. SXnON X4 Xm.NS AND REGuLATLoNs All the provisions of the City's ardinanccs are incorporated haein by reference, andallsuchprovisionsshallbindthepartiesheretoandbeaparlofthisAgreementa3~lyas if set forth at length h&n. This Agreement and all work and impvunenta required hmeundu shall be performed and carried out in strict accordance with and subject to the provisions of said ordiaaoces. Any fine arising from violations to any City Codes and ordices relating to this Development or remedial work required by the City may be deducted from the Letter or Credit. Prior to the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit setting forth terms and conditions appmed by the City Attorney &Audine to the C' I@ mor to of the on- t and all - in the amount of &W$OO - as a guarantee. that the required plans, impmvanents, and approvals k+Se&m+ andlor payments for Sectiu LC. and tk+iedB J,E will be completed by the Developer and its subcontractars no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement ad as a further guarantee that all obligations to the subcontraaors for work on the Development are sacislied. .. .. .. City will give Developer at least 15 days prior written notice via ceniiied Mail (at Developer's cost) of a material defect in construction of the improvements in accordance with this Agreemeat before drawing an said Letter of Credit provided that the City can do sb and still have a reasonable time to draw on the Letter of Credit. L. Developer or his assignees shall be bound by the terms of this Agreement or any part herein as it applies to the Site. 1 by the civ shall a waiver as the ult~ ate 'm water fad-e fiahbes. ditches. -P and all other improve menu shall the Developers. The fact that the Citv or its en- or its mmev. or 1 'ts stafhay mmve shall a waim or relieve thc Dev- n' .' r ... miitv for the desiPn, -pfm. and function of the dwelppnent and -7- The air/ and the Wdoper, by mud cansent to the extent of their authority to do bo. hereby declare that this Agreement and attached &hibits supsale and replace any and all prior references to the pmposed improvements on, under, or over the lands and/or parcels covered by this Agcwment. This paragraph shall be reauded in the Notice of Developer's Agreement to be filed at Waukesha County Register of Deeds. xRr;m "Em Developer shall Mt assign this Agreement without the written consent of the City, which consent shaU not be unreasonably withheld. SECTION XY;. XVJJ. "ENIS The City and the Developer, by mutual consent, may amend this Agreement, by written agrePment between the City and the Developer. IN WlTNESS HEREOF, Developer and City have caused this Ament to be signed by fheir appropriate officers and their seals to be hereunto affixed in duplicate original countaparts on the date and year first written above. Develop: Boldt Development Corporation By: Kristine K. O'Mcara, Secretary City of Muskego: By: David L. DeAngdis, Mayor By: Jean Marenda, City Clerk -a- The undetgisned, sole BIVR~M of the adjacent property described in Section I.D., je;R ipins in this Agreement solely for the purpose of indicating hif went with chc provisions of section I.C.3. and Section I.D. DIVERSIFLED DEVELOP= GROUP %: Robert W. Klenz Bv: Michael I(. Plumley Bx; HAL@ PARK LUhfBFiR AND MlLLWORK, INC. i ss. COUNTY OF 1 PERSONALLY came before me this - day of to me known to be the pemns who executed the foregoing I 1% instrument and acknowledged the same, Notary Public, State. of Wlwnsin My Commission expim !RATE OF WISCONSIN ) COUNTY OF 1 1 ss. -9- PERSONALLY came before me this - day of the above named David L. DeAngelis, NLByor, and Jean Marenda, City Clerk. of the above named municipal corpomtion City of Muskego, to me known to be the persods who exmutd the foregoing instrument, and to me known to be such Mayor and City Clerk of said municipal corporation. and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council fmm their meeting on the - day of 9 199" t 1% Notary Public, State of Wisconsin My Commission expires - 10- '0 I This redlined draft, generated by CompareRite - The Instant Redlincr, shows the differences betwecn - \@ original document : C:\wPslWS\BoLTDEA.MUS i and revised document: C:\WP51\DOCS\BOLTI)EB.MUS Deletions appear ag struck-through text Additions appear as underlined text -11- DRAFT FOd DISCUSSION Boldt Dewlopmnt Corporation "I Ililuauker, WI 53222 7700 W aluurouad Road Um hereby opmn our Irrruucable Standby Latter of Ccdlc No. 38 yuur fmvor, which is available by your draft at SZGBT up to tho amount in 01 Sevmty-Throe Tbouaand, Eight hunclrd, aevmnty-fiva and OO/lOO US mllara (WSD73,875.00) (blnximun Amount1 drawn on the McI Narnhall C Ilmlry Bank, PIiluauk~e, 111 baaring the clause: "Drawn undar YtaaQPy Lactor of Crmdit No. BB - Qtd October - 1996 of UCI Marshall C Ilmley Bank: Your draft must be acconpanied by th~ following doclnarnts: A) Thla orlginal Btandby Letter of Credlt and any subsaquusnt - .nunQ114ntLoI. All .mancbnant(sI mat indicate whether they are aoampted OK not aoc8pted by the hmnmficiazy at time of drawing. pusporting to ba an authorisad offlaor rarrantinqr 'Boldt Beneficiary statement, dated and mlgned by an individual Damlopent Corporatian has Sailad to coroplcte tho public icllproversents and other obl;gation8 covered in' tha and tha City of Hu.kego, &tad October , 1996.' Devolopmsut Wreement betveen Boldt Davelopmont corporation, - The Uaxlmtm bunt of this kttex of Credit may bo rduoed upon our rsaaipc OS the City mf Murkago notioo, ccnnplstsd in the fomt attached hereto ac Rxhiblt 1 (Paga 31. on itm lmttcrhend and originally signed. Partial drawingdraductlon. are allowed. If n partial drawing le prmoentd md paid, Lhs original Lettax of Credit will bo sndoroed and rctummd fo you. If your drawing exhaust. the outatanding bnhnco. the ktter of Credit will ba ratained by um. Thlr Latter of Credlt aeta forth in full our undartaking, and such undertaking rhall not in any way ba modifimd, anplifimd, OL 1imLted by rcfcr6ncm co any docuwnt. lnsr-nt or aqteament referred to in tbiC Lattar of Cracllt, except only the Uniform Cuatom and Praotioa rmferrsd lusoin any rcfcrmcs to a document, inscnmmnt or Pqreamant. to ho~ala, and any much rafarcnae 6hall not be domuad to incorporate Continued on Page 2 DRAU F2R DISCUSSION PACE 2, *ab forma an integral part of Ir~ovoabla StanCby Letter of Mumkepo. It ia codtion of thir Letter of Credit it shall be deemed expiration dmta hereof or my future -1rati-n date unless PO days autorP.tioally Utbhdcd without amencb?nt tor one year from the prior to the current axpiration date ua notify you by aouriar of our eleatlon not to renaw bayand the currmnt expiration date. U1 banking faam/axpansa=/chh.rqca incurred other tnan thoam 02 the immuinp bank AX. for the account of tho bmrficiary. If discrepant do-nts arm pramantad and drawing Fa honored. our diacrapancy and ralmburraPeht fees will be dmductd from tha proob.dr. Prorencmtion and payment of your drauinq undbt thls Latter of Credzt am rartrlotad to our counters. "ha Latter of Credit im aubjwt to tho Unlfom Custom and Praccica for Do-ntary Cr.dlt8 11993 Revision), InternAtlonrl Chambar of Camnotce Puhliution Yo. 500. UI agrmo dth you to honor your draft drmwn und.r and in -1lAllCa with thb coma of thi~ Latter of Cradit prcsentrd, Monday through Friday, at OUL Intematiorul Dopartauant, 770 Uarth mater St. NW4, WiluAukae. VI 53202, topather with the rotpired documents, on or befor. ths doso of %.em. our burinsas at 5:OO Pn. (Mllwauke~ the) on the current Cnpiratlon credit No. sa __ dated Octobar - , 1996 lasued in faMr Of City of DRAFT Fa,? DISCUSSION Page 3. rrxhiblt 1 of Irtbvocrbla Standby Uttrr of Credit Sf% - , datad oatober -, 1996, lrrued in favor of City of Muskego TO: ncI MARS~L c ILBL~Y BAHK M: 1NTtRYATIOIIu DIIPARTMFNT - NW I I10 N. WNER BTRGR HILWAUKEE WI 53202 Re: Itduction Cortifiomtm nbr. - to Standby ~attmr of C~dt 88 - Applicant: Boldt Developmmnt Corporation You arm irrbvoambly authorized to roducs tho Haximum Amount Of this Etnndby Lettsr of Cr-t by USD , evmn though you did not mndorse the revuzma of tho original Standby Lsttar of Credit for ruch raduction. Rmqards. City of Huskego ca The Appliont PUBLIC IMPROVEMENT COST BREAKDOWN Indicate the cost of each public improvement lo be installed. List amounts for each category and sub-mtegory item, * These estimates provided by Oscar J. Boldt Construction tor items for which City requires a guarantee in the form of a Letter ot Credit. The City Engineer will review this breakdown and approve a total amount Io eslablish a Letter of Credit 1. Road Construction a. Excavation to subgrade NIA b. Stone base materials c. Bituminous base course pavement d. Bituminous surface course pavement e. Concrete pavement f. Other g. Engineering inspections TOTAL 2. Site Grading-Landscaping .. " .. " .. .. " a. Lot grading NIA b. Drainage ditch construction NIA c. Retention pond construction See 3d d. Parking area construction - incl. pavement N/A e. Tree & shrub plantings NIA 1. Landscaping as specified by City N/A g. Erosion control 5000 h. Engineering inspections N/A i. Other NIA TOTAL '3. Topsoil, SeedinglSodding a. Road ditch area b. Terrace areas - in ROW c Drainage ditches d. Detention ponds e. Areas as specified by City f. Engineering Inspections g. Other TOTAL NIA NIA NIA 9000 NIA NIA N/A 4. Concrete Improvements a. Curb & Gutter b. Bike Path c. Blvd. /traffic islands d. Ditch inverts e. Engineering inspections 1. Other TOTAL NIA 18500 NIA NIA N/A NIA N/A 5. Sanitary Sewer System a Mains. risers & manholes NIA b. Laterals c. Dumping station & generator d. Force main e. Grinder pumps & chamber indiv. dwelling f. Engineering Inspections g. Other TOTAL 6. Water Main System a. Mains, valves & manholes b. Hydranls & leads c. Water services d. Well & pumphouse e. Engineering inspections 1 Other TOTAL -7 Storm Sewer System a. Mains & manholes b. Catch basins & leads c. Culverts d. Drain tile e. Headwallsldischarge structures I. Engineering inspections g. Other TOTAL 8. SpecialIMiscl lmprovemenls & Retainage a. Street lights b. Street signs c. Signs as specified by City d. Erosion ControlNegetation Relainage e. Other TOTAL 9. Fees a. City administration b. Engineering inspections - see each section c. Engineering - as built drawing for w/s d. Legal e. Land acquisilion 1. Other TOTAL TOTAL PROJECT ESTIMATE NOTE: At the lime of submittal of the Letter of Credit, the developer, as per Section 10.8 of the Land Division Ordinance, shall submit an administrative lee 01 $75 plus $50 per public improvement category; excepting the categories of SpecialIMisc Improvements and Fees. BOLDT DEVELOPMENT October 17,1996 Mr, Matthew Sadowski City Planner City of Muskego W182 S8200 Racine Avenue Muskego, Wisconsin 53150-0903 RE: Boldt Development Corporation Resolution #P.C.206-96 Dear Matt: Attached to this letter is the Public Improvement Cost Breakdown worksheet you gave me last night. As requested, I completed the portions of the form for which the City will require a Letter of Credit. The purpose of this form, as I understand it, is to establish the basis for the amount of the Letter of Credit. The items for which a Letter of Credit are required are: . Traffic Light-$l0,375 . Bike path on Parkland- $18,500 . Drainage and Master Grading Plan-$35,000 . Erosion Control Measures-$5,000 The bike path, Drainage and Master Grading Plan, and Erosion Control Measures are listed on the attached worksheet. The traffic light is excluded from the worksheet since Boldt has no responsibility for the work other than our maximum contribution. A check in the amount of $225 is included with this letter, I assumed that the '$50 per public improvement category' is necessary for a subsection involved in the Letter of Credit. It is my understanding that the Letter of Credit for the Erosion Control Measures must equal two times the cost for this work. The monies set aside in the Letter of Credit for the other items equals the cost of our estimate. Therefore, the amount of the Letter of Credit will equal $73,875. /;,,;,I, il?r~+",,wl l.,W/,!,><,,i,2,, ;:i,i'/,,,,,,, 11; ;li.ll;l,il I;,,$ //,// 1,. i;I.i~;i.iiflo ;:Oil IIPu ;ii~,r~~wl~~ml I:,,,,ri llw,m,~~,tw Il'~v~r~~r,i 5:2/i Mr, Matthew Sadowski October 18, 1996 Page 2 of 2 Please contact me with any questions on the worksheet. We expect to send the revised Developer's Agreement and form of the Letter of Credit shortly under separate cover, Sincerely, BOLDT DEVELOPMENT CORPORATION dfl&jb- A f?'fl(j!G vZc/ ,& Kristine K. O'Meara Vice President KK0:ncs C: Mayor David L. DeAngelis B. w: C. e e '0 -3- A. B. C. D. e . .. The Davelv shall agrw that in addition to the City's righta herein, the provisions of this Apemat shall be for the bencftt or' any purchaser of the Site or any inrerest fherein. Further, that the de of the Site shd not release the Develaper from mmpleting the work on t!c attached Exhibits. " By: Kristine K. O’Mearp, Sbaetary By: David L. DeAn$Jis, Mayor . . . - .. . .. Tha UaQlalgnSd, owla of the adjawat property daPeiibed In Section I.D., joins in this Awt polsly for the purpose of indicadng iu agrement with the pmvilioaa of Scction I.C.3. and Satlon I.D. DIVERSIFIED DEWXOPMENT QROUP Nomy Public, State of W18consln My Commission qim 9-