CCR2004182.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #182-2004
APPROVAL OF ST. ANDREW'S VILLAGE CONDOMINIUM DEVELOPMENT
MODEL HOME AGREEMENT
CONDOS #1, #10, #13
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached St.
Andrew's Village Condominium Development Model Home Agreement - Condos #1,
#10,#13.
BE IT FURTHER RESOLVED That building permits will not be released until the Plan
Department receives evidence that the condominium plat for St. Andrew's Village has
been recorded.
DATED THIS 9th DAY OF November ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #182-2004 which
was adopted by the Common Council of the City of Muskego. 1 "-
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\, / , I '-~. 11/04 jmb lerli- Treasurer
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ST. ANDREW'S VILLAGE CONDOMINIUM DEVELOPMENT
MODEL HOME AGREEMENT - CONDOS #1. #10. #13
Muskego S1. Andrews, LLC, hereinafter referred to as "Subdivider", hereby certifies that
Subdivider is platting and constructing S1. Andrew's Village Condominiums in the City of
Muskego.
Muskego S1. Andrews, LLC, hereinafter referred to as "Builder", hereby certifies that they
understand that Section XIII of the Subdivider's Agreement for S1. Andrew's Village
Condominiums provides that:
"It is expressly understood and agreed that no building permits or occupancy
permits shall be issued for any homes until the Director of Engineering and Building
has determined that:
1. The sanitary sewer, water main, and surface water drainage facilities required to
serve 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
2. Video tape of sanitary sewer system has been completed by the Utilities
Department, and the results found acceptable by the Utility Superintendent, and
3. Certification is provided to the Director of Engineering and Building by a
Registered Land Surveyor 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.
Subdivider 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, and Subdivider and Builder proceeding with construction of
model homes prior to satisfaction of said conditions and any other applicable conditions,
laws, rules, or regulations.
Subdivider 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.
Subdivider and Builder jointly and severally specifically acknowledge that no occupancy
permits for any of the model homes, or any other dwelling in S1. Andrew's Village, shall
be issued prior to satisfaction of the conditions stated above and any other applicable
conditions, laws, rules, or regulations.
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st. Andrew's Village Condominiums
Model Home Agreement Condos #1
, #10, #13
Page 2
The undersigned understand the above and request that the City of Muskego issue a
permit to build a model homes for condominiums #1, #10, #13 of St. Andrew's Village
Condominiums.
SUBDIVIDER: MUSKEGO ST. ANDREW'S LLC
By:
Muskego St. Andrews, LLC
Paul Votto, Manager
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALL Y came before me this _day of -' 2004 Paul Votto, Manager Muskego
St. Andrew's LLC, to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
BUILDER: WESTBROOK CONSTRUCTION CORP.
By:
Westbrook Construction Corp.
Paul Votto, President
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me thiS...L-dayöf , 2004 Paul Votto, President
Westbrook Construction Corp., to me known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires