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CCR1998097COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #97-98 APPROVAL OF AMENDMENT TO SUBDIVIDERS AGREEMENT REGARDING ASSIGNMENT FOR DEER CREEK ADDITION NO. 1 WHEREAS, Premier Development, the developer of Deer Creek Addition No. 1, has requested that Section XVI (Assignment) of the Subdivider's Agreement be amended to allow assignment of the Agreement; and WHEREAS, This request must be approved through written consent of the City; and WHEREAS, The Finance Committee has reviewed and recommended approval to the Common Council of a Letter of Understanding regarding future assignment of Premier Development's rights and obligations pursuant to said Subdivider's Agreement. 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 amendment to the Subdivider's Agreement for Deer Creek Addition No. 1 to consent to the assignment of Premier Development's rights and obligations to M 8 I Marshall & llsley Bank pursuant to said Subdivider's Agreement, when and if necessary, according to the terms of the Letter of Understanding attached hereto and made Exhibit "A of this Resolution. DATED THIS 26Ih DAY OF MAY, 1998. SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Salentine Deferred 5/12/98 This is to certify that this is a true and accurate copy of Resolution #97-98 which was adopted by the Common Council of the City of Muskego. 5/98jmb 148ILCB LORN DEPT ID:4143678974 MAY 08'08 ~:29 NO 002 P 02 EXHIBIT "A" May 8. 1998 The City of Muskcgo Wl02 SO200 Rncine Avenue Muakego, WI 53150 RE: Subdivider's Agrrelnent. ("Agl:ee!nenL" i execulcd by ilrd bt.Lwee.ri Premier Developmerrt, Inc: ("Premier") rcrlc? th? City ot Muskego ("City") on November 7, 1997 Dear AB I believe you are aware, M&I Lake Country Bank liar agreed with Creek Addition H1 Subdivision as set Tortti in the Agreement The Premier to finance a portion of the cons::-uct.ioll cost for the Deer purpose of this 1ett.e.r is to set forth the City's agreement that if M&I Lake Country Bank ("Bank") exercis5s its rights pursuant. to a real estate mortgage on the real property ("ProperLy": described it-, the Agreement, the City will. consenL LC, !:he bssignmcnt of P?:enlier"s aank taking title to thc Property and f&iir,bfji'jg a 90 tidy IlGLice to rights and obligations pursuJnt to thc Ayrccnment tr, Bank, upon Lhe the City Very truly youra, M&I Lake Country Bank Mlchacal L Arcllls Secior Vice President Accepted and acJL-eed Lo Lllis __ day ot , 1998 City of Muskcgo Atteet