CCR2003126.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #126-2003
APPROVAL OF EARLY START AGREEMENT
MRED (Janesville/Moorland) ASSOCIATES LP
LOT 2, CSM #9464
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached MRED
(Janesvilie/Moorland) Associates LP Early Start Construction Agreement - Lot 2, CSM
#9464.
BE IT FURTHER RESOLVED That building and occupancy permits will not be issued
until the Director of Building and Engineering has determined that the conditions
outlined in the Agreement have been satisfactorily met.
DATED THIS 27th ,2003. DAY OF Mav
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #126-2003 which
was adopted by the Common Council of the City of Muskego.
~K. Jrl~ CI -Treasurer
5/2003jmb
MRED (JANESVILLE I MOORLAND) ASSOCIATES LP
EARLY START CONSTRUCTION AGREEMENT - LOT 2. CSM #9464
. MRED (Janesville I Moorland) Associates LP, hereinafter referred to as "Developer", hereby
certifies that Developer is constructing certain improvements in the City of Muskego to benefit real
property legally described as:
Lot 2 of CSM #9464, being a part of Lot Two (2) of Certified Survey Map No. 9332 located
in the SW Y. of the SW Y. of Section 2, T5N R20E, City of Muskego, Waukesha County,
Wisconsin, recorded in the Register of Deeds for Waukesha County on November 15,
2002 in Volume 86 of Certified Survey Maps at Pages 215-220, inclusive, as Document
No. 2879712, and (hereinafter referred to as the "Property").
ALDI Inc. (Wisconsin), hereinafter referred to as "Builder", is the owner of the Property and
hereby certifies that they understand that Section XIII of the Developer's Agreement for
completion of certain improvements benefiting the Property (hereinafter referred to as the
"Improvements"), provides that:
"It is expressly understood and agreed that no building permits or occupancy permits shall
be issued for any commercial buildings until the Director of Engineering and Building has
determined that:
1. The sanitary sewer, water main, and surface water drainage facilities required to seNe
the Property are connected with an operational system as required herein, and
installation of the bituminous concrete base course pavement has been properly
installed, and
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2. Video tape of sanitary sewer system has been furnished to the Director of Engineering
and Building, and
3. Certification is provided to the Director of Engineering and BUilding by a Registered
Land SUNeyor that all lot grades conform to the Master Grading Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by
the Planning Director.
5. Recreation Trails have been designed and approved pursuant to the requirements of
Section 1/1 (G) of this Agreement.
Developer and Builder jointly and severally acknowledge notice of the above referenced
conditions and any other applicable conditions, laws, rules, or regulations and agrees to assume
all risks of satisfaction of those conditions created as a result of the City's issuance of a building
permit to Builder, and Developer and Builder proceeding with construction of the Improvements on
the Property prior to satisfaction of said conditions and any other applicable conditions, laws,
rules, or regulations. .
Developer and Builder jointly and severally specifically agree to indemnify and hold the City of
Muskego harmless for any costs or damages incurred if an occupancy permit is not issued due to
a failure to satisfy the conditions referenced above, and any other applicable conditions, laws,
rules, or regulations.
. Developer and Builder jointly and severally specifically acknowledge that no occupancy permits
for any structure on the Property, shall be issued prior to satisfaction of the conditions stated
above and any other applicable conditions, laws, rules, or regulations.
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Early Start Construction Agreement, Lot 2 CSM 9464
Page 2
The undersigned understand the above and request that the City of Muskego issue a permit to
construct the Improvements.
DEVELOPER: MRED (JANESVILLE I MOORLAND) ASSOCIATES, A WISCONSIN
LIMITED PARTNERSHIP
By:
MRED(Janesvilie/Moorland), Inc.
Mark Redmond, President
STATE OF WISCONSIN) S8
WAUKESHA COUNTY )
PERSONALLY came before me this
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day of , 2003, Mark Redmond, to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
BUILDER: ALDI, INC.
By:
[name of authorized signator]
[title of authorized signator]
STATE OF WISCONSIN) SS
WAUKE8HA COUNTY )
PERSONALLY came before me this day of -' 2003
, to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires