CCR1999055AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #55-99
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Avian Estates
WHEREAS, A Final Plat was submitted on November 24, 1998 for the Avian Estates
Subdivision in the SW X of Section 3 to create eight (8) lots; and
WHEREAS, The Preliminary Plat was approved in Resolution #77-98; and
WHEREAS, The Plan Commission has recommended approval; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for the
Avian Estates Subdivision 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 Final Plat for the
Avian Estates Subdivision, subject to approval of the City Engineer and all objecting and
approving agencies, and receipt of all fees as provided in Section 14.14 of the Land Division
Ordinance and any special assessments which may be due.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for the
Avian Estates Subdivision, 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 a DXF file of this final plat be submitted to the City prior to
City signatures being placed on the plat (3-1/2" diskette), and that a sign stating "Future Road
Extension" (Hedgewood Drive) be installed.
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 13th DAY OF APRIL , 1999,
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #55-99 which was adopted
by the Common Council of the City of Muskego.
4/99 jm
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #55-99
APPROVAL OF FINAL PLAT,
SUBDIVIDER’S AGREEMENT AND LETTER OF CREDIT
Avian Estates
WHEREAS, A Final Plat was submitted on November 24, 1998 for
Subdivision in the SW YI of Section 3 to create eight (8) lots; and
WHEREAS, The Plan Commission has recommended a
WHEREAS, The Subdivider’s Agreement and Lett redit have been received for
the Avian Estates Subdivision and the Finance Co e has recommended approval.
all objecting and approving agencies, a
14.14 of the Land Division Ordinance
sign stating “Road to be ded” be installed.
BE IT FURTHER ED that the Mayor and Clerk-Treasurer are hereby
authorized to sign ssary documents in the name of the City.
SPONSORED BY:
/ FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #55-99 which was
adopted by the Common Council of the City of Muskego.
4199 jm Clerk-Treasurer
@ State Financial Bank
Page 2. Ar. inlcgral pan of Standby Credit NO. 9901.
mclAL CONDITIONS:
This Standby Credit will tet-minate on . provided, however. the
“Stale Financial Bank” shall give written notice to the beneficiary of its intention lo krnlinate
lllis Standby Crcdil at 90 days prior to Aicr tllc datc. this Lctter of
Crrdit rwl only lcrillicatc ltpntl 90 r!?y 1vrittu: n?ti;c oF:!lc: Sc!:eS;ia:y
It is hereby agreed by all parties hereto thal the reference to ”Agreement” is for identification
purposes only and such rererelice shail not be construed in any manner to require “State
Financial Bank“. to inquire inte its term and obiisations
We engagc with you that drrtls dawn under and in compliance with thc terms ofihis credit
WI!~ be duly hocored if presented on or before the expiralion datc. This original Standby Crcdit
lwst be submit1cil tu us togzliiel with any drawings hcrcuntkr (or Gur cndorsclnenl ofany
1)ayllwnts eli’cctcd by 11s and/or for call4latiotls.
Vcry Truly Yours
e
Proposal Clarification
Re: Avian Estates
I Lots will be graded and improved in conformance with subdivider’s agreement,
sec. 1(B)3.
DON DEBACK GRADING. MC
Craig A. Petrasek, Estimator I
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Page I
SUBDIVIDER’S AGREEMENT
This Agreement, made this ~ day of by and between Jack Schwabenlender
the “Subdivider” and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, hereinafter called the “City”
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a proposed Final Plat for
Avian Estates, a boundary description 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
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat
approval, the governing body of the City may require that the Developer make and install certain public
improvements reasonably necessary for the Subdivision and further, may require dedication of public
streets, alleys or other ways 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 final plat of Avian Estates 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 1. IMPROVEMENTS
Subdivider, entirely at its expense, shall:
A. ROADS AND STREETS:
1 Grade and improve all roads and streets in Avian Estates in accordance with the
plat of said Subdivision and the plans and specifications attached hereto, made a
part hereof and marked Exhibit “B’, all in accordance with the City’s street
specifications.
2. Paving of Hedvewood Drive as shown on Exhibit “A” shall be completed
according to City Standards.
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/
Page 2 e B. 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 retains the right to require the Subdivider to install additional storm
drainage and erosion control measures 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 following statements:
a) The drainage swale in the rear of Lots 4 and 5 of Block 1 should be graded
b) The ditch on the east side of Lot 5, Block 1 should be graded per the
to contour elevation 81 1 .O.
Grading Plan as necessary to drain off the cul-de-sac water.
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.
C. 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 Engineer, any remaining
punch list items concerning the Sanitary Sewer System prior to the connection of
any residence to the sanitary sewer systems.
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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
clean all sewer lines prior to the issuance of building permits, except for model
homes, and acceptance of improvements by the City (See Section Xn.D.)
D. 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) all old barns, outbuildings;
(b) destroyed trees, brush, tree trunks, shrubs and other natural growth; (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.
E. EROSION CONTROL MEASURES:
1.
L.
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 Subdivision. No grading shall occur without
a two (2) day notice to the City.
Mulching and seeding of all disturbed areas to comply with Chapter 29
Subdivider is responsible for obtaining Erosion Control Permits for the site for
controlling 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.
Fourteen Thousand Dollars (S14,OOO.OO) from the Letter of Credit (under Section
XIV), shall be retained until adequate vegetation is established as determined by
the Building Inspection Department. A reduction of fifty percent (50%) of the
Fourteen Thousand Dollars (S14,OOO.OO) 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-
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Avian Estates Sub Agr 0311 1199
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compliance of Chapter 29, the terms are not corrected within five (5) days, the City
may utilize the Seven Thousand Dollars ($7,000.00) 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.
SECTION IL TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section I above shall be substantially completed by the Subdivider
within one (1) year from signing of this Agreement or except if an earlier date is provided for in the
Agreement. The final surface course pavement shall be deferred until ninety percent (90%) of the homes
have been completed or 36 months after the installation of the first lift of asphalt, whichever comes first.
If the final surface course of pavement is not completed within twelve (12) months of the date of
this agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such
time as the final surface course of pavement is completed. 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 IIL DEDICATION:
Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the
CITY, upon completion of the above described improvements, unconditionally give, grant, convey and
fully dedicate the roads and streets, sanitary sewers, watermains, storm and surface water drainage
facilities 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:
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in
accordance with Section 18.14 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 incurred by the CITY prior to and following the date hereof in connection
with or relative to the construction, installation, dedication and acceptance of the improvements covered
by Section I, including without limitation by reason of enumeration, design, engineering, preparing,
checking and review of designs, plans and specifications, supervision, inspection to insure that
Avian Estates Sub Agr 03/11/99
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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 or
reimburse the City in a timely manner may cause the City to cease all construction inspections until such
time as all anticipated or outstanding inspection and administration fees have been satisfied.
SECTION V. MISCELLANEOUS REOUIREMENTS:
The Subdivider shall:
A.
B.
C.
D.
E.
F.
G.
Easements: Provide any easements on Subdivider’s land deeded necessary by the City
Engineers prior to the FinalPlat being signed, provided such easements are along lot lines
or to the rear of the lots and are not any more restrictive to the building of homes beyond
the applicable sideyard and offset distances required by the zoning for such lots.
Street Signs: Reimburse the CITY for the cost of all street signs, traffic signs and posts,
including the cost of their installation.
Manner of Performance: Cause all construction called for by this Agreement to be carried
out and performed in a good and workmanlike manner.
Survev Monuments: Properly place and install any lot, block or other monuments required
by State Statute or City Ordinance.
Deed Restrictions: Execute and record deed restrictions and provide proof of recording
prior to sale of lots by Joyce Schwabenlender in Avian Estates 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 ofice of the Subdivider and the office of the City
Building Inspector unless a change is approved by the City Engineer. The Subdivider
andor the City andor 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.”
m: Furnish to the Building Inspector and the CITY a copy of Exhibit “C showing
the street grade in front of each lot, the finished yard grade, the grade of all four (4) cornem
of the lot and grades of the buildings on adjoining lots, where applicable, as existing and as
proposed.
Sight - Distances: Restricts lots on the face of the plat so that no structure of any kind which
exceeds a height of 2 % feet above the center of the intersection shall be permitted in the
vision setback area in conformance with Section 17:5.02(2) of the Zoning Ordinance.
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H. Sumo Pump Connections: The Subdivider shall fumish to the Plumbing Inspector of the
CITY a copy of storm drains and clean out locations in the form attached hereto and made
part hereof and marked Exhibit “IF‘ showing the locations of connections whereby sump
pump drains can be connected from each dwelling to the storm sewer system. The ends of
each line shall have a clean out in conformance with the City Standard Details.
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. Sewer Extension Permits: (a) The City of Muskego has,
pursuant to the provision of Chapter 21 of the City Code, granted the Subdivider Eieht (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 Eieht (81 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 Zero (0) REC’s of capacity for future phases of the development.
(b) The remaining Zero (0) 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 make said certification, to be
completely constructed and approved within four (4) years of the execution of the present
Subdivider’s Agreement.
(c) The Subdivider may, within the four year period referred to above, request that the
City enter into an additional Subdivider’s Agreement for the next phase of the
development. Any remaining REC’s which have not been used 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 extensions must be secured as provided in
the agreement or when not prohibited by other ordinances or resolutions of the City, upon
other security deemed appropriate by the City and under terms and conditions satisfactory
to 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.
(d) The Subdivider may request additional Subdivider’s Agreement(s) be entered into
for subsequent phases. Any such agreement shall be subject to the same terms and
conditions as stated in subsections (a), (b) and (c) above.
e
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(e) Notwithstanding any of the above provisions, all unused sewer capacity granted to
the Subdivider as referenced in this agreement shall automatically terminate and the
allocation of said capacity shall cease on the 21" day of December, 2002.
K. 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, B, C, D, & E
hereof, against defects due to faulty materials or workmanship provided that such defects appear within a
period of one (I) 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 to
accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting,
engineering and other 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 insured on its general liability
insurance the CITY, its officers, agents, and employees, and any independent contractors hired by the
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 rights herein, the provisions of this
Agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or 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 M. 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.
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0 SECTION X. EROSION CONTROL PLAN AND PERMIT.
The Subdivider shall submit to the CITY, an application for a Land Disturbing Permit and an
Erosion Control Plan in accordance with the requirements of Section 29.06 of the CITY’S Erosion 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 or other requirements of the applicable ordinances or
regulations; and the CITY shall cooperate with the Subdivider in obtaining 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.
SECTION XIL BUILDING AND OCCUPANCY PERMITS:
The Subdivider shall be allowed to construct no more than two (2) model homes by separate
agreement with the City It is expressly understood and agreed that no Occupancy Permits shall be issued
either for the said model homes and no building permits or occupancy permits shall be issued for any
other homes until the City’s Engineers have determined that:
A. The sanitary sewer, water and surface water drainage facilities required to serve
such homes are connected with an operational system as required herein, and
B. The Building Inspector verifies that the installation of the bituminous concrete base
course pavement has been installed.
C. No Building Permits shall be issued prior to all signatures being obtained on the
Deed Restrictions, (Exhibit “G),
D. Video tape of sanitary sewer system completed (See Section I.C.4).
E. All lot grades shall conform to the Master Grading Plan (See Section I.B.3)
F, Negative balance in Developer’s Deposit is satisfied unless otherwise authorized by
the Planning Director,
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G. Sign to be erected by Developer indicating “Future Road Extension” of
Hedgewood Drive.
I
SECTION XUI. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the CITY’S ordinances are incorporated herein by reference, and ail such
provisions shall bind the parties hereto and be a part of the Agreement as fully as if set forth at length
herein. The 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:
I A. LETTER OF CREDIT:
Prior to the execution of this agreement by the CITY, the Subdivider shall file with the
CITY a Letter of Credit setting forth terms and conditions approved by the CITY Attorney
in the amount of $139.520.00 as a guarantee that the required plans, improvements, and
approvals will 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 ftuther guarantee that all obligations to the subcontractors for work on
the Subdivision are satisfied. I@ (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.
I C. RELEASE OF FUNDS FROM LETTER OF CREDIT:
The Subdivider shall provide CITY with a written request to the Finance Committee
accompanied by: Request for Amendment to Letter of Credit form, invoices for work
completed for which a release is being requested, breakdown of invoices in format of
Public Improvement Cost Breakdown form, lien waivers for all work which is subject of
release request (See Section XIV.D.).
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 XIV.C.).
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0
- 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 iy 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
Subdivider shall not assign the Agreement without the written consent of the CITY
SECTION XVII. AMENDMENTS:
The CITY and the Subdivider, by mutual consent, may amend this agreement, by written
agreement between the CITY and the Subdivider
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SECTION XVLII. PARTIES TO THE AGREEMENT
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.
A. SUBDIVIDER:
By:
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of
1999, to me know to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
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Page 12
B. CITY OF MUSKEGO:
BY.
David L. De Angelis, Mayor
BY.
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
Jean Marenda, City Clerk/Treasurer
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 instrumenf and to me known to be such Mayor and City Clerk/Treasurer of said
municipal corporation, and acknowledged that they executed the foregoing instrument as such 0 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
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Page 13
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider’s Agreement for Avian
Estates Subdivision, Muskego, Wisconsin, as entered into on the day of , 199 ,
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 ClerWTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME!
This day of , 199
(Notary Public)
My commission expires