CCR2002027COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #27-2002
(1). APPROVAL OF EXTENSION OF TIME TO COMPLETE PUBLIC IMPROVEMENTS
DREAMLAND DEVELOPMENT
WHEREAS, The Developer's Agreement for the Dreamland Planned Development
District requires that various improvements described in Section I1 of the Agreement
be completed within one year of execution of the Agreement; and
WHEREAS, That one-year period will expire on February 5,2002; and
WHEREAS, The developer has requested a 30-day extension of the February 5,2002
date to complete the improvements,
NOW, THEREFORE, BE IT RESOLVED That the Common Council does hereby grant
a 30-day extension of time to complete the improvements described in Section II of
the Developer's Agreement for Dreamland Planned Development, with the new
effective date for completion to be March 7, 2002.
DATED THIS 22nd DAY OF Januaw ,2002
SPONSORED BY:
Mayor David L. De Angelis
This is to certify that this is a true and accurate copy of Resolution #27-2002 which
was adopted by the Common Council of the City of Muskego.
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FRIEBERT, FINERTY & ST JOHN, S.C.
ATTORNEYS AT LAW
TWO PLAZA EAST - SUITE 1250
330 EAST KlLBOURN AVENUE
MILWAUKEE, WISCONSIN 53202
January 11, 2002
Mayor David L. DeAngelis
City of Muskego
P.O. Box 749
Muskego, W1 53 150-0749
RE: Extension of time for completion of construction under February 5, 2001
Developer’s Agreement for Dreamland Planned Development District
Dear Mayor DeAngelis:
This letter is written on behalf of Jewel Food Stores, Inc. (“Jewel”). in relation to the
February 5,2001 Developer’s Agreement between the City of Muskego and Jewel relating
to the Dreamland Planned Development District at the Northeast corner of the intersection
of South Moorland Road and West Janesville Road.
As you know, Section 111 of the Developer’s Agreement requires that the various
improvements described in Section I1 of the Agreement be completed within one year of
execution of the Agreement. The one-year period also is mentioned in Section XII. 1 The
year will expire on February 5, 2002.
Jewel shortly will be executing Amendment No. 1 to the Developer’s Agreement, which
will make the Kohl’s Department Store the first phase of development and, in addition,
will provide for a new one year period, commencing upon execution of the Amendment,
for completion of the required site work and improvements. However, Jewel will not be
in a position to execute the Amendment to the Developer’s Agreement until the transaction
between Jewel and Kohl’s Department Stores, Inc. (“Kohl’s”) has been closed. That
transaction is relatively complex, involving not merely the sale of land but also provision
for future governance of the shopping center and the long term relationship that will exist
between Kohl’s and Jewel as the owners of the major stores making up the center The
parties have been working diligently to finalize the various necessary agreements, and they 0 are hopeful that these documents, as well as the Developer’s Agreement Amendment, new
Mayor David L. DeAngelis
I January 11, 2002
Page -2-
certified survey map and other items necessary to close with the City of Muskego, will be
executed by February 5, 2002. However, it is possible that, despite the parties’ best
efforts, they may not be able to meet this deadline. Accordingly, we are respectfully
requesting that the City grant a 30-day extension of the February 5, 2002 date specified
in the existing Developer’s Agreement. The new effective date thus would be March 7,
2002.
It should be emphasized that there are no subs!antive differences between the parties that
would be cause for concern with respect to whether the transaction will be successfully
concluded. The remaining matters all are of a technical or logistical nature. Also, please
be assured that the parties are making and will continue to make every effort to close the
transaction between Jewel and Kohl’s and the transaction with the City as soon as possible.
The parties will try to bring this about before February 5,2002, and in my event, will use
as little of the requested extension as possible.
Your kind attention to this request is appreciated, as is the supportive and professional
manner in which all levels of City government have dealt with this project from the
beginning.
If questions arise or further information is desired, please do not hesitate to call the
undersigned at your convenience.
Very truly yours,
FRIEBERT,
William B. Guis
WBG:dcj/las