CCR2006180.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #180-2006
APPROVAL OF CONDOMINIUM PLAT AND AMENDMENT NO.1 TO
LAKEWOOD DEVELOPMENT - CITY OF MUSKEGO RETENTION POND
MAINTENANCE AGREEMENT
WHEREAS, A Condominium Plat was submitted on April 27, 2006 by Lakewood Commercial
Development LLC for the Lakewood Commercial Center located in the SE 1/4 of Section 8 (Tax
Key No. 2192.084); and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 074-
2006; and
WHEREAS, Amendment No. 1 to Lakewood Development - City of Muskego Retention Pond
Maintenance Agreement has been received 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 Condominium
Plat for the Lakewood Commercial Center, subject to approval of the City Engineer and all
objecting and approving agencies, receipt of all fees as provided in Section 18.14 of the Land
Division Ordinance, any special assessments which may be due, and the conditions outlined in
Resolution #P.C. 074-2006.
BE IT FURTHER RESOLVED That Amendment No. 1 to Lakewood Development - City of
Muskego Retention Pond Maintenance Agreement, as amended and attached, is 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 digital file of this final plat shall be submitted to the City in
accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City, and that the Mayor, in consultation with
the City Attorney, may make any necessary technical corrections.
DATED THIS 12th DAY OF SEPTEMBER, 2006.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #180-2006 which was adopted by the Common Council of the City of Muskego.
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AMENDMENT NO.1 TO
LAKEWOOD DEVELOPMENT - CITY OF MUSKEGO
RETENTION POND MAINTENANCE AGREEMENT
This Agreement, made this day of ,2006, by and between
Lakewood Condominiums, Inc. and Lakewood Commercial Development, LLC (the
"Subdividers"), the City of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, (the "City") and Lakewood Condominiums Owners
Association, Inc. (the "Association").
WITNESSETH
WHEREAS, on September 25, 2000 Subdividers, City and Association entered into a
Retention Pond Maintenance Agreement which is an intricate part of the Subdivider's
Agreement of the same date relating to the construction and maintenance of the
Lakewood Planned Development District (the "Development"), being a part of the SE
1/4 of Section 8 and NE 1/4 of Section 17, T5N, R20E, City of Muskego, Waukesha
County, Wisconsin; and
WHEREAS, the Subdividers and Association wish to remove certain text within the
original Retention Pond Maintenance Agreement for Lakewood Development as it was included in error; and Subdividers, City and Association desire to amend the
Subdivider's and Pond Agreement executed September 25, 2000 to reflect the same,
and in addition thereto, Subdivider, Lakewood Commercial Development, LLC, shall be
jointly and severally responsible with the Association as to all responsibilities pursuant
to the Retention Pond Maintenance Agreement; and
WHEREAS, the Subdividers, City and Association desire to amend said Agreement to
address an error in language from the original Retention Pond Maintenance Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
1. Remove the sixth "WHEREAS" statement from the oriainal Retention Pond
Maintenance Aareement dated September 25. 2000 which stated the
followina:
WHEREAS, the Developer has established a Condominium Association
hereinafter referred to as the Association, which shall become the owner
of the outlots upon recording of the Final Plat and Deed Restrictions, and
2. Except as modified by this Amendment No.1, all provisions of the Agreements
referred to above executed September 25, 2000 remain in full force and effect
. and in addition thereto, Subdivider, Lakewood Commercial Development, LLC,
shall be jointly and severally responsible with the Association as to all
responsibilities pursuant to the Retention Pond Maintenance Agreement.
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PARTIES TO AMENDMENT NO.1
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
A. LAKEWOOD COMMERCIAL DEVELOPMENT, LLC
By:
Gary Januszewski, President
STATE OF WISCONSIN )
)ss.
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2006, Gary
Januszewski to me known to be the person who executed the foregoing instrument and
acknowledged the same.
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission Expires:
B. LAKEWOOD CONDOMINIUMS, INC.
By:
Gary Januszewski, President
STATE OF WISCONSIN )
)ss.
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2006,
, as , of Lakewood
Condominiums, Inc., to me known to be the person who executed the foregoing
instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission Expires:
C. LAKEWOOD CONDOMINIUMS OWNERS ASSOCIATION, INC.
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By:
STATE OF WISCONSIN )
)ss.
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2006,
, as , of Lakewood
Condominiums Owners Association, Inc., to me known to be the person who executed
the foregoing instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission Expires:
D. CITY OF MUSKEGO
By:
Charles H. Damaske, Mayor
By:
Janice Moyer, City Clerk
STATE OF WISCONSIN )
)ss.
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2006, the above
named Charles H. Damaske, Mayor, and Janice Moyer, City Clerk, of the above-named
municipal corporation City of Muskego, to me known to be the persons who executed
the foregoing instrument and to me known to be such Mayor and City Clerk of said
municipal corporation, and acknowledged that they executed the foregoing instrument
as such 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
,2006.
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission Expires:
CERTIFICATION
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This is to certify that the foregoing is a true and correct copy of the Amendment No. 1 to
the Subdivider's Agreement for Lakewood Development, Muskego, Wisconsin, as
entered into on the day of
, 2006 by and between Lakewood
Commercial Development LLC and the City of Muskego, pursuant to the authorization
by the Common Council from their meeting on the day of
, 2006.
Subscribed and sworn to before me
this
_
day of
, 2006.
NOTARY PUBLIC, STATE OF WI
My Commission Expires:
BY THE COMMON COUNCIL
Janice Moyer, City Clerk
,
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I
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #180-2006
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APPROVAL OF CONDOMINIUM PLAT AND AMENDMENT No.ITO \
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LAKEWOOD DEVELOPMENT - CITY OF MUSKEGO RETENTIQJ4 PON~f\,I"\'
MAINTENANCE AGREEMENT I
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WHEREAS, A Condominium Plat was submitted on April 27, 2006 b~L . ewood Commercial
Development LLC for the Lakewood Commercial Center located in th SE 1/4 of Section 8 (Tax
Key No. 2192.084); and
(
WHEREAS, The Plan Commission has recommended approval t~OU9h Resolution #P.C. 074-
2006; and /.. .
WHEREAS, Amendment No. 1 to Lakewood Development -/6ty of Muskego Retention Pond
Maintenance Agreement has been received and the Fini'e Committee has recommended
approval.
NOW, THEREFORE, BE IT RESOLVED That the cqrtmon Council of the City of Muskego,
upon the recommendation of the Plan Commission ~tioes hereby approve the Condominium
Plat for the Lakewood Commercial Center, SUbjeGtlto approval of the City Engineer and all
objecting and approving agencies, receipt Off1.a II es as provided in Section 18.14 of the Land
Division Ordinance, any special assessments ich may be due, and the conditions outlined in
Resolution #P.C. 074-2006.
BE IT FURTHER RESOLVED That Amen~ent No. 1 to Lakewood Development - City of
Muskego Retention Pond Maintenance reement, as attached, is hereby approved subject to
approval of the City Attorney and City gineer, all of said approvals to be obtained within thirty
(30) days of the date of approval of t s Resolution or the same will be null and void.
BE IT FURTHER RESOLVED Th,f a digital file of this final plat shall be submitted to the City in
accordance with Common Cou'1il Ordinance #1118 and Resolution #196-2002.
!
BE IT FURTHER RESOLVE,Ø"That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City, and that the Mayor, in consultation with
the City Attorney, may m~e any necessary technical corrections.
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,2006.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #180-2006 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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