CCR1997178COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #178-97
APPROVAL OF CERTIFIED SURVEY MAP,
SUBDIVIDER'S AGREEMENT AND CASH DEPOSIT AGREEMENT
(Miller)
WHEREAS, a Certified Survey Map was submitted on March 21, 1997
to finalize a four-parcel division of the Miller property on
Racine Avenue in the SW 1/4 of Section 5; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Cash Deposit Agreement
have been received for Donald G. Miller, 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 Plan Commission,
does hereby approve the Certified Survey Map to finalize a
the SW 1/4 of Section 5, subject to approval of the City four-parcel division of the Miller property on Racine Avenue in
Engineer and all objecting and approving agencies, and receipt
of all fees as provided in Section 18.14 of the Land Division
Ordinance and any special assessments which may be due.
BE IT FURTHER RESOLVED that the attached Subdivider's Agreement,
as amended, and Cash Deposit Agreement for Donald G. Miller, as
attached, are hereby approved subject to approval of the City
Attorney and City Engineer, all of said approvals to be obtained
within thirty (30) days of the date of approval of this
Resolution or the same will be null and void.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to passage of Ordinance #921.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
I.
DATED THIS 12TH DAY OF AUGUST , 1997
SPONSORED BY:
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of
Resolution #178-97 which was adopted by the Common Council of
the City of Muskego.
7/97jmb
Deferred 7/22/97
COMMON COUNCIL - CITY OF MUSKEG0
PROPOSED AMENDMENT
RESOLUTION #178-91
APPROVAL OF CERTIFIED SURVEY MAP,
SUBDIVIDER'S AGREEMENT AND CASH DEPOSIT AGREEMENT
(Miller)
WHEREAS, a Certified Survey Map was submitted on March 21, 1997
to finalize a four-parcel division of the Miller property on
Racine Avenue in the SW 1/4 of Section 5; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Cash Deposit Agreement
have been received for Donald G. Miller, 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 Plan Commission,
does hereby approve the Certified Survey Map to finalize a
the SW 1/4 of Section 5, subject to approval of the City four-parcel division of the Miller property on Racine Avenue in
Engineer and all objecting and approving agencies, and receipt
of all fees as provided in Section 18.14 of the Land Division
Ordinance and any special assessments which may be due.
BE IT FURTHER RESOLVED that the attached Subdivider's Agreement,
as amended, and Cash Deposit Agreement for Donald G. Miller, as
attached, are hereby approved subject to approval of the City
Attorney and City Engineer, all of said approvals to be obtained
within thirty (30) days of the date of approval of this
Resolution or the same will be null and void.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to passage of Ordinance #921.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City.
0
DATED THIS DAY OF , 1997.
0
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of
Resolution #178-97 which was adopted by the Common Council of
the City of Muskego.
Deferred 7/22/97
7/97 jmb
Clerk-Treasurer
CASH DEPOSIT AGREEMENT
MILLER TOWNHOUSE DEVELOPMENT
City, and MILLER TOWNHOUSE DEVELOPMENT, herein after referred
Whereas the City of Muskego, hereinafter, referred to as
to as Subdivider, wish to enter this agreement in place of a
Letter of Credit, to secure certain obligations of the
Subdivider set forth in the Subdivider's Agreement between the
parties dated this - day of August, 1997.
Now therefore, for valuable consideration acknowledged by
each party it is agreed as follows.
At the time of execution of said Subdivider's Agreement the
Subdivider will deliver to the City $41,750.00 in cash (the
interest bearing account under the control of the City. As the
"Assurance Fund") which is to be held by the City in a non-
Work progresses, the City, at the Subdivider's request, may
make partial disbursements ("Progress Payments") from the
Assurance Fund to pay for completed portions of the Work
provided (a) the City has inspected and approved that portion
of the Work for which payment has been requested, (b) the
balance of the funds remaining in the Assurance Fund after such
Work, and (c) Lien Waivers where required, have been supplied
Progress Payment is sufficient to pay for the completion of the
for all work for which funds are being requested.
the satisfaction of the City and in accordance with the
Subdivider's Agreement and all applicable ordinances,
writing, signed by the Mayor of the City, that the Subdivider
regulations, and laws, the City may advise the Subdivider in
has failed to complete the Work as required under the
Subdivision Agreement and shall be immediately entitled to
apply any and all sums remaining in the Assurance Fund as the
City sees fit to assure completion of the Work and payment of
the costs associated with the completion of the work. The
Assurance Fund must be used to pay for costs associated with
the completion of the Work and for no other purpose.
In the event the Work is not completed by the Subdivider to
All sums remaining in the Assurance Fund after the Work has
been completed to the satisfaction of the City and in
accordance with the Subdivision Agreement shall be returned to
the Subdivider.
Dated this day of August, 1997
City
Subdivider
SUBDIVIDER'S AGREEMENT
This Agreement, made this day of 1997
by and between Donald G. Miller the "Subdivider" and the City of
Muskego, a municipal corporation of the State of Wisconsin, located
in Waukesha County, hereinafter called the "City".
WITNESSETH
proposed Final Plat for Miller Townhouses , a boundary description
WHEREAS, the Subdivider has submitted for approval by the City a
of which is attached hereto as Exhibit A, the original of which will
be recorded with the Register of Deeds for Waukesha County and a
copy of which is on file in the Office of the City Clerk, for which
a Final Plat was approved by the City on
as a condition of plat approval, the governing body of the City may
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that
require that the Developer make and install certain public
may require dedication of public streets, alleys or other ways
improvements reasonably necessary for the Subdivision and further,
within the Subdivision, to be conditioned upon the construction of
said improvements according to municipal specifications without cost
to said municipality; and
WHEREAS, the City's Engineers, the City's Public Works
Committee, Public Utility Committee and Finance Committee have duly
approved, contingent of certain other approvals, Subdivider's plans
and specifications for subdivision improvements, and the City's Plan
Commission and Common Council have duly approved the CSM of Miller
Townhouses contingent upon the execution and performance of this
agreement by the Subdivider.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING
PLAN:
1. Subdivider shall construct, install, furnish and
provide facilities as approved by the City Engineer
and Public Works Committee for storm and surface water
drainage throughout the entire Subdivision, and a
Master Grading Plan providing for sump pump discharge
to a tile or storm sewer system, all in accordance
with the plans and specifications attached hereto,
made a part hereof and marked Exhibit "C". The City
additional storm drainage and erosion control measures
retains the right to require the Subdivider to install
prior to acceptance of improvements by the City of
Muskego.
2. The CITY shall furnish to the Subdivider such permits
or easements as may be required in any public street
or property to enter upon and install the above
described surface water drainage system therein.
3. Grade and improve all lots in conformance with the
Master Grading Plan attached hereto and made a part
hereof and marked Exhibit "C". Restore with topsoil
and seed. Establish dense vegetation. All grades
must be verified by Developer's Engineer after
completion with the following tolerances: All lot
corners must be from exact to plus or minus two (2)
inches. Overall lot grades must be from exact to
minus six (6) inches. House pads from exact to minus
twelve (12) inches. All swales and ditches must be
araded to exactlv minus three (3) inches to allow for
standard finish.- (See Section'XI1,F.)
4. At Subdivider's expense, and prior to acceptance of
improvements and the issuance~of building permits by
the City (not including model homes which are governed
by separate agreement), all storm sewers shall be
cleaned (See Section XI1.D).
B. SANITARY SEWER:
1. Subdivider shall construct, install, furnish, and
provide a complete sanitary sewage collection system
throughout the entire Subdivision, as approved by the
City Engineer and the Public Utilities Committee all
in accordance with the plans, specifications and
drawings attached hereto as Exhibit "E". The cost of
the preparation of asbuilt plans shall be paid by the
Subdivider.
2. The CITY shall furnish the Subdivider such permits or
easements as may be required by any public street or
public property to enter upon and install the above
described sewage system therein.
3. Subdivider shall complete, to the satisfaction of the
City Engineers, any remaining punch list items
concerning the Sanitary Sewer System prior to the
connection of any residence to the sanitary sewer
systems.
4. The Subdivider shall televise the sanitary sewer
system, repair any defects as determined by the City
Engineer, and supply video tape to City of Muskego, and
permits, except for model homes, and acceptance of
clean all sewer lines prior to the issuance of building
improvements by the City (See Section XI1.E).
C. LANDSCAPING:
1. Subdivider shall preserve existing trees outside of
the public right-of-way whenever practical, when
installing the Subdivision improvements.
2. Subdivider shall remove and lawfully dispose.of: (a)
brush, tree trunks, shrubs and other natural growth;
all old barns, outbuildings; (b) destroyed trees,
(c) and all rubbish.
3. Subdivider shall plant street trees in accordance with
Section 18.60 of the Muskego Land Division Ordinance
and Resolution #P.C. 101-93.
D. EROSION CONTROL MEASURES:
1.
2.
3.
4.
5.
Subdivider shall construct, install, furnish and
provide a complete system of Erosion Control Devices
or measures in specified areas of the Subdivision, as
approved by the City Engineer and the Building
Inspection Department attached hereto as Exhibit "F"and
in accordance with the plans and specifications with
Chapter 29 of the City's Municipal Code.
Install silt fencing in conformance with the approved
plans prior to the grading and construction work.
Such fences shall be maintained by the Subdivider
until such time as turf cover is established in the
day notice to the City.
Subdivision. No grading shall occur without a two (2)
with Chapter 29.
Mulching and seeding of all disturbed areas to comply
Control Permits for the site for controlling erosion
Subdivider is responsible for obtaining Erosion
on the site and each individual lot owner is
responsible for obtaining a separate erosion control
permit at the time any vegetation is disturbed and are
responsible for controlling erosion on their lot.
Five Thousand Dollars ($5,000.00) from the
Letter of Credit (under Section XIV), shall be
determined by the Building Inspection Department. A
retained until adequate vegetation is established as
reduction of fifty percent (50%) of the Five
Thousand Dollars ($5,000.00) portion of the
Letter of Credit is allowable upon verification of
fifty percent (50%) of disturbed areas are vegetated.
If, upon a written notification by the Building
Inspection Department of non-compliance of Chapter 29,
the terms are not corrected within five (5) days, the
City may utilize the Five Thousand Dollars
($5.ooO.O0) portion of the Letter of Credit to
correct the terms of non-conformance. From time to
time, additional funds may be required in the
Developer's Deposit to cover the cost of maintenance
as deemed appropriate by the Department.
0
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section I above shall be completed
by the Subdivider in total within one (1) year from signing of this
Agreement or except if an earlier date is provided for in the
Agreement.
If the City receives notice of the intention to terminate the
Letter of Credit prior to completion of the final surface course
pavement, such notice shall be considered a failure to complete
improvements in accordance with this agreement and shall entitle the
City to immediately draw against the Letter of Credit.
SECTION 111. DEDICATION:
Subdivider shall, without charge to the CITY, upon completion of the
Subject to all of the other provisions of this agreement,
above described improvements, unconditionally give, grant, convey
and fully dedicate the sanitary sewers, watermains, storm and
surface water drainage facilities (excluding those facilities which
are to be owned and maintained by the Homeowners Association) as
illustrated on Exhibit "A" and as described in the deed
restrictions, to the CITY, it successors and assigns, forever, free
and clear of all encumbrances whatever together with and including,
without limitation because of enumeration, any and all land,
buildings, structures, mains, conduits, pipes lines, plant,
machinery, equipment, appurtenances and hereditaments which may in
any way be a part of or pertain to such improvements and together
with any and all necessary easements for access thereto. The CITY
will be receptive to the dedications of said improvements, except
roads and surface water drainage facilities, after the first lift of
bituminous concrete pavement has been installed, when all said
utilities have been completed and approved by the City Engineers and
other agencies as applicable.
SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES:
0 signing of the Agreement, in accordance with Section 18.14 of the
Subdivider shall pay and reimburse the City in advance of the
CITY'S Land Division Ordinance and Ordinance No. 909, and at times
specified herein, but in any event, no later than thirty (30) days
after billing, all fees, expenses and disbursements which shall be
connection with or relative to the construction, installation,
incurred by the CITY prior to and following the date hereof in
dedication and acceptance of the improvements covered by Section I,
engineering, preparing, checking and review of designs, plans and
including without limitation by reason of enumeration, design,
specifications, supervision, inspection to insure that construction
is in compliance with the applicable plans, specifications,
regulations and ordinances; legal, administrative and fiscal work
undertaken to assure and implement such compliance. Failure to pay
all construction inspections until such time as all anticipated or
or reimburse the City in a timely manner may cause the City to cease
outstanding inspection and administration fees have been satisfied.
SECTION V. MISCELLANEOUS REOUIREMENTS:
The Subdivider shall:
A. Easements: Provide any easements on Subdivider's land
deeded necessary by the City Engineers prior to the Final
Plat being signed, provided such easements are along
restrictive to the building of homes beyond the applicable
lot lines or to the rear of the lots and are not any more
sideyard and offset distances required by the zoning for
such lots.
B. Manner of Performance: Cause all construction called
for by this Agreement to be carried out and performed in a
good and workmanlike manner.
C. Survev Monuments: Properly place and install any lot,
block or other monuments required by State Statute or City
Ordinance.
D. Deed Restrictions: Execute and record deed restrictions
and provide proof of recording prior to sale of lots by
Donald G. Miller in Miller Townhouses in the form attached
hereto, made a part hereof and marked Exhibit "G". The
deed restrictions shall contain the following language:
"Each lot owner must strictly adhere to and finish grade
his lot in accordance with the Master Grading Plan on file
in the office of the Subdivider and the office of the City
Building Inspector unless a change is approved by the City
Engineer. The Subdivider and/or the City and/or the
agents, employees or independent contractors shall have the
right to enter upon any lot, at any time, for the purpose
of inspection, maintenance, correction of any drainage
conditions and the property owner is responsible for the
cost of the same. 'I 0
E. Grades: Furnish to the Building Inspector and the CITY
each lot, the finished yard grade, the grade of all four
a copy of Exhibit "C" showing the street grade in front of
(4) corners of the lot and grades of the buildings on
adjoining lots, where applicable, as existing and as
proposed.
F. Siaht Distances: Restricts lots on the face of the plat
so that no structure of any kind which exceeds a height
of 2 1/2 feet above the center of the intersection shall
be permitted in the vision setback area in confornlance with
Section 17:5.02(2) of the Zoning Ordinance.
G. Sump Pump Connections: The Subdivider shall furnish to
and clean out locations in the form attached hereto and
the Plumbing Inspector of the CITY a copy of storm drains
made part hereof and marked Exhibit "H" showing the
connected from each dwelling to the storm sewer system.
locations of connections whereby sump pump drains can be
with the City Standard Details.
The ends of each line shall have a clean out in conformance
Section 18.0911 of the City's Land Division Ordinance. 0 H. Street Liahts: Install street lights in accordance with
I. Permits: Submit to the CITY valid copies of all agency
permits including the Wisconsin D.N.R. and U.S. Army Corps
of Engineers before construction commences and prior to any
preconstruction meeting.
J.
pursuant to the provision of Chapter 21 of the City Code,
-: (a) The City of Muskego has,
granted the Subdivider Eight ( 8)
Residential Equivalent Connections (REC's) as defined in
Section 21.04 (22) of the City's Sewer Utility Ordinance,
for the development of all lands contemplated by the
Subdivider in all phases of this development including
future phases. Subdivider is using Eiaht( 8 ) of the
above-noted REC's in the phase of development which is the
subject of this Subdivider's Agreement and shall secure the
installation of said sewer extensions as provided elsewhere
in this agreement and as required by the City Code. There
will then remain None( ) REC's of capacity for future
phases of the development.
(b) The remaining None( ) REC's of capacity shall
automatically terminate and the allocation of said capacity
shall cease to the extent that said sewer extension is not
certified, by a representative appointed by the City to a
make said certification, to be completely constructed and
approved within four (4) years of the execution of the
present Subdivider's Agreement.
referred to above, request that the City enter into an
(c) The Subdivider may, within the four year period
development. Any remaining REC's which have not been used
additional Subdivider's Agreement for the next phase of the
within the four years as noted above may be extended
pursuant to the terms of said Subdivider's Agreement
provided, however, that the installation of sewer
when not prohibited by other ordinances or resolutions of
extensions must be secured as provided in this agreement or
City and under terms and conditions satisfactory to the
the City, upon other security deemed appropriate by the
City and in accord with the City's ordinances, resolutions
and policies herein shall expire within four years of the
date of execution of that subsequent Subdivider's Agreement.
Agreement(s) be entered into for subsequent phases. Any
(d) The Subdivider may request additional Subdivider's
such agreement shall be subject to the same terms and
conditions as stated in subsections (a), (b) and (c) above.
unused sewer capacity granted to the Subdivider as
(e) Notwithstanding any of the above provisions, all
referenced in this agreement shall automatically terminate
day of December, 2002.
and the allocation of said capacity shall cease on the 2lst
L. Declaration of Restrictions: Provide a copy of signed
document if a Planned Unit Development.
SECTION VI. GUARANTEES:
The Subdivider shall guarantee the public roads and streets,
sanitary sewers, watermains, surface water drainage improvements and
all other improvements described in Section I, Items A ti B hereof,
against defects due to faulty materials or workmanship provided that
such defects appear within a period of one (1) year from the date of
dedication and acceptance. The Subdivider shall pay for any damages
to CITY property resulting from such faulty materials or
workmanship. This guarantee shall not be a bar to any action the
CITY might have for negligent workmanship or materials. Wisconsin
law on negligence shall govern such situation.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any
provisions of this agreement or documents incorporated herein by
reference, Subdivider shall indemnify and save harmless, and agrees
reasonable legal, accounting, consulting, engineering and other
to accept tender of defense and to defend and pay any and all
expenses relating to the defense of any claim asserted or imposed
upon the CITY, its officers, agents, and employees, and independent
contractors growing out of this agreement as stated above by any
party or parties. The Subdivider shall also name as additional 0
agents, and employees, and any independent contractors hired by the
insured on its general liability insurance the CITY, its officers,
CITY to perform service as to this Subdivision and give the CITY
evidence of the same upon request by the CITY.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the CITY'S
benefit of the purchaser of any lot or any interest in any lot or
rights herein, the provisions of this Agreement shall be for the
parcel of land in the Subdivision. Further, that the sale of any lot
or parcel shall not release the Subdivider from completing.the work
on the attached Exhibits.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Subdivider shall have completed the improvements
herein required, and shall dedicate the same to the CITY as set
forth herein, the same shall be accepted by the CITY if said
improvements have been completed as required by this Agreement and
as required by applicable CITY ordinances and other applicable law
and approved by the City Engineer, City Finance Committee and Common
Council.
SECTION X. EROSION CONTROL PLAN AND PERMIT: a
The Subdivider shall submit to the CITY, an application for a
with the requirements of Section 29.06 of the CITY'S Erosion
Land Disturbing Permit and an Erosion Control Plan in accordance
Control Ordinance (Ord. #560). No construction or grading can begin
until said permit is received from the CITY.
SECTION XI. CONSTRUCTION PERMITS, ETC...:
1. The CITY shall, within its authority, issue such permits,
adopt such resolutions, and execute such documents as may be
necessary to permit the Subdivider to construct the improvements in
accordance with the plans and specifications called for by this
agreement, upon Subdivider's compliance with any deposit provisions
and the CITY shall cooperate with the Subdivider in obtaining
or other requirements of the applicable ordinances or regulations;
similar permits, resolutions and documents as may be necessary from
other authorities having jurisdiction in the premises.
2. The CITY shall, as a condition of the Subdivider executing
this Agreement, make available to the Subdivider or their nominee
successors or assigns, building permits for the construction of
single family residences subject to the provision of Section XII.
1:
0 The Subdivider shall be allowed to construct no more than two
expressly understood and agreed that no Occupancy Permits shall be
(2) model homes by separate agreement with the City. It is
issued either for the said model homes and no building permits or
City's Engineers have determined that:
occupancy permits shall be issued for any other homes until the
A. The sanitary sewer, and surface water drainage
with an operational system as required herein, and
facilities required to serve such homes are connected
B. No Building Permits shall be issued prior to all
signatures being obtained on the Deed Restrictions,
(Exhibit "G") ,
C. Video tape of sanitary sewer system completed (See
Section I.D.4)
D. All lot grades shall conform to the Master Grading
Plan (See Section I.B.3).
E. Negative balance in Developer's Deposit is satisfied
unless otherwise authorized by the Planning Director.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS: e All the provisions of the CITY'S ordinances are incorporated
hereto and be a part of this Agreement as fully as if set forth at
herein by reference, and all such provisions shall bind the parties
length herein. This Agreement and all work and improvements
required hereunder shall be performed and carried out in strict
accordance with and subject to the provisions of said ordinances.
SECTION XIV. FINANCIAL GUARANTEES:
A. CASH DEPOSIT AGREEMENT:
0
Prior to the execution of this agreement by the CITY, the
Agreement setting forth terms and conditions approved by
Subdivider enter into with the CITY a Cash Deposit
that the required plans, improvements, and approvals will
the CITY Attorney in the amount of $41,750 as a guarantee
be completed by the Subdivider and his subcontractors no
later than one (1) year from signing of the Agreement,
except if another date is provided within this Agreement
and as a further guarantee that all obligations to the
subcontractors for work on the Subdivision are satisfied
(See Section XIV. D. regarding Developer's Deposit).
B. INVOICES :
Invoices documenting public improvements addressed and not
addressed in the Letter of Credit, but attributable to the
subject development shall be provided to the CITY at the
time of the signing of this Subdivider's Agreement. 0
C. RELEASE OF FUNDS FROM CASH DEPOSIT AGREEMENT
-The Subdivider shall provide CITY with a written request
to the Finance Committee accompanied by: invoices for work
completed for which a release is being requested, breakdown
of invoices in format of Public Improvement Cost Breakdown
request (See Section X1V.D.).
form,lien waivers for all work which is subject of release
D. DEVELOPER'S DEPOSIT:
The Subdivider shall maintain a positive balance in the
Developer's Deposit. No release from the Letter of Credit
shall be entertained until the Developer's Deposit is
satisfied unless otherwise authorized by the Common Council
following a recommendation of the Finance Committee (See
Section X1V.C.).
SECTION xv. PARTIES BOUND:
1. Subdivider or his assignees shall be bound by the
terms of this agreement or any part herein as it applies to
any phase of the development.
2. Approval by the City shall not be deemed a waiver as the
ultimate responsibility for the proper design and
installation of streets improvements, drive and parking
areas, water facilities, drainage facilities, ditches,
landscaping and all other improvements shall be the
Subdividers, The fact that the City or it's engineers, or
it's attorney, or it's staff may approve a specific
project shall not constitute a waiver, or relieve the
Subdivider from ultimate responsibility for the design,
performance, and function of the Development and related
infrastructure.
SECTION XVI. ASSIGNMENT:
consent of the CITY.
SECTION XVII. AMENDMENTS:
Subdivider shall not assign this Agreement without the written
The CITY and the Subdivider, by mutual consent, may amend this
agreement, by written agreement between the CITY and the Subdivider.
IN WITNESS HEREOF, Subdivider and CITY have caused this
Agreement to be signed by their appropriate officers and their seals
to be hereunto affixed in duplicate original counterparts on the
date and year first written above.
@ Subdivider:
STATE OF WISCONSIN ) SS WAUKESHA COUNTY )
PERSONALLY came before me this day of
1994,
the person who executed the foregoing instrument and acknowledged
the same.
to me known to be
Notary Public-State of Wisconsin
My Commission Expires
CITY OF MUSKEGO:
BY :
David L. De Angelis, Mayor
BY :
Jean Marenda, City Clerk/Treasurer
STATE OF WISCONSIN ) SS WAUKESHA COUNTY )
PERSONALLY came before me this day of
199 , the above named David L. De Angelis, Mayor, and Jean Marenda,
City Clerk/Treasurer, of the above-named municipal corporation CITY
of Muskego, to me known to be the persons executed the foregoing
Clerk/Treasurer of said municipal corporation, and acknowledged that
instrument, and to me known to be such Mayor and City
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 from their meeting on the
day of / 199 .
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy Of
the Subdivider's Agreement for Subdivision,
Muskego, Wisconsin, as entered into on the day of , 199 I by and between
and the CITY OF MUSKEGO,
pursuant to the authorization by the Common Council from their
meeting on the day of , 199 .
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 199 .
(Notary Public)
My commission expires 4