CCR2020043-Attachment
KWIK TRIP
DEVELOPER'S AGREEMENT
Document Title
Document Number
This Agreement, made this ____ day of _____________, 2020
by and between Kwik Trip, Inc. (the "Developer") and the City
of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the Developer has submitted for approval by the
City the development plans for a new Kwik Trip, on a part of
the lands described as:
PARCEL A: PARCEL 1 OF CERTIFIED SURVEY MAP NO.
Recording Area
4878, RECORDED JANUARY 24, 1986 IN VOLUME 39 OF
Name and Return Address
CERTIFIED SURVEY MAPS ON PAGES 269 TO 271, AS
City of Muskego
DOCUMENT NO. 1330216, BEING A PART OF THE
Planning Division
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1,
TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF
W182 S8200 Racine Ave.
MUSKEGO, COUNTY OF WAUKESHA, STATE OF
Muskego, WI 53150
WISCONSIN.
Parcel ID # (PIN):
EXCEPTING THEREFROM part of Parcel 1 of Certified Survey
MSKC 2162.999.002
Map 4878, recorded in Volume 39 of Certified Survey Maps on
Page 269-271 as Document No. 133021, Waukesha County Records lying in the Northwest one-quarter of
Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more particularly
described as follows: Beginning at the East corner of Parcel 1 of Certified Survey Map 4878, recorded in
Volume 39 of Certified Survey Maps on Page 269 as Document No. 1330216, Waukesha County Records;
thence South 59º 26' 51" West along the southerly line of said Parcel 1 211.30 feet to a point of curve;
thence southwesterly along arc of a 1º 57' 45" curve 86.45 feet to a point of curve, said curve having a
center lying to the southeast, a radius of 2,919.78 feet and a long chord of 86.45 feet bearing South 66º 09'
44" West; thence northwesterly along arc of a 15º 56' 59" curve 321.92 feet to a point on the northerly line
of Parcel 1, said curve having a center lying to the southwest, a radius of 359.26 feet and a long chord of
311.26 feet bearing North 65º 57' 54" West; thence North 88º 21' 51" East along northerly line 545.53 feet
to the point of beginning.
PARCEL B: PARCEL 2 OF CERTIFIED SURVEY MAP NO. 4878, RECORDED JANUARY 24, 1986 IN
VOLUME 39 OF CERTIFIED SURVEY MAPS ON PAGES 269 TO 271, AS DOCUMENT NO. 1330216,
BEING A PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWN 5 NORTH,
RANGE 20 EAST, IN THE CITY OF MUSKEGO, COUNTY OF WAUKESHA, STATE OF WISCONSIN.
EXCEPTING THEREFROM that part Parcel 2 of Certified Survey Map No. 4878, recorded January 24,
1986 in Volume 39 of Certified Survey Maps on pages 269, 270 and 271, as Document No. 1330216,
being a part of the N.E. 1/4 of the N.W. 1/4 of Section 1, Town 5 North, Range 20 East, City of Muskego,
County of Waukesha, State of Wisconsin, bounded and described as follows: Beginning at the Southwest
corner of said Parcel 2 of said Certified Survey Map; thence North 59º 26' 51" East, along the South line of
said Parcel 2, 347.87 feet to a point; thence North 30º 33' 09" West, 155.00 feet to a point; thence South
59º 26' 51" West, 347.87 feet to a point; thence South 30º 33' 09" East, 155.00 feet to the Southwest
corner of Parcel 2, and the point of beginning.
WHEREAS, The Developer is required to make and install certain public improvements (“Improvements”)
reasonably necessary for the Development, conditioned upon the construction of said Improvements
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according to approved plans, applicable City ordinances and written municipal specifications universally
applied as of the date of this Agreement, without cost to City; and
WHEREAS, The City Engineer and the City's Public Works and Safety Committee have duly approved,
contingent on certain other approvals, Developer's plans and specifications for the Improvements, and the
City's Plan Commission has duly approved the Development contingent in part upon the execution and
performance of this Agreement by the Developer.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
SECTION I : DEVELOPMENT
1. LAND USE. The Development, as approved by Plan Commission Resolution #063-2019, consists of a
9,156 square foot convenience store/gas station with the features per the referenced resolution.
SECTION II : PLATTING/ZONING
1. This Developer’s Agreement addresses the development of land for convenience store/gas station uses, all
being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the auspices of the
B-2 Local Service Center District with a Conditional Use Grant (CUG).
a) Convenience store/gas station development shall conform to the zoning requirements of the B-2 Local
Service Center District with a Conditional Use Grant (CUG)
2. Developer shall entirely at its expense:
a) Prior to beginning any work related to the public improvements discussed herein, tender a cash deposit
in the amount required herein for the construction of improvements required by this Agreement. No
construction activity related to the water main work may commence until this Agreement has been
executed and recorded, and the cash deposit has been tendered.
b) Before any improvements found in Section III of this agreement begin, the Developer shall execute this
Agreement, the Agreement shall be recorded at the Waukesha County Register of Deeds, and the City
shall receive evidence of recording.
c) Place and install monuments required by State Statute or City Ordinance.
SECTION III : IMPROVEMENTS:
City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to enter
upon and install the water main improvements described herein.
Developer shall cause the construction of all Improvements called for by this Agreement to be carried out and
performed in a good and workmanlike manner. Developer shall submit to the City valid copies of any agency
permits that may be required in connection with the improvements, including, if necessary, the Wisconsin
Department of Safety and Professional Services permits, and the Wisconsin Department of Natural Resources
permits before construction commences and prior to any preconstruction meeting.
Developer shall entirely at its expense:
A. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the development, and including off-site improvements necessary to provide such
system, as approved by the Public Works and Development Director or his designee and Public Works and
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Safety Committee and in accordance with the plans and specifications on file in the City Engineering
Department.
2. Apply for and pay for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
B. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing
the development improvements. Replace trees in accordance with plans to be approved by the Plan
Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and
all rubbish.
3. The City has the right to trim and remove any landscaping features which would interfere with safe
operation and maintenance of the City right-of-ways and drainage ways.
C. EROSION CONTROL MEASURES:
1. The Developer shall cause all grading, excavation, open cuts, side slopes and other land surface
disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation,
sedimentation and washing are prevented in accordance with the plans and specifications reviewed and
approved by the City Engineer, the State of Wisconsin Department of Natural Resources, and Army Corps
of Engineers, if applicable.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or
measures in specified areas of the Development, on and off-site, in accordance with the Erosion Control
Plan as approved by the Public Works and Development Director or his designee and Public Works and
Safety Committee and in accordance with the plans and specifications on file in the City Engineering
Department.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Developer until such time as vegetative cover is
established in the Development. Install mulching and seeding of all disturbed areas to comply with
Municipal Code Chapter 162.
D. CITY REIMBURSEMENTS FOR UTILITY OVER SIZING
1. Reimburse the Developer in accordance with the following schedule approved by the Finance Committee
on May 26, 2020:
Improvement Category: Estimated Reimbursement At:
Quantity:
Water Main 1,014 LF $41.16 per LF
Mainline Valves 3 EA $7,559 per EA
Mainline Fittings 1 LS $3,755 LS
2. The reimbursement costs noted above are estimates and are subject to final field verification of
quantity/measurements.
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3. Reimbursement may be requested by the Developer following completion of as-built plans and following
City’s acceptance of the Improvements categorized above.
4. All requests for reimbursement shall be made in writing and shall be reviewed for approval by the City
Public Works and Development Director. The recommendation of the City Public Works and Development
Director shall be forwarded to the Finance Committee and Public Works and Safety Committee for
consideration.
SECTION IV : ADDITIONAL IMPROVEMENTS
The Developer hereby agrees that if, at any time after plan approval and during construction of the
Improvements, the City Engineer determines that modifications to the plans including additional Improvements
such as additional drainage ways, erosion control measures, and surface and storm water management
measures are necessary in the interest of public safety, are necessary in order to comply with current laws or
are necessary for implementation of the original intent of the Improvement plans, the City is authorized to order
Developer, at Developer’s expense, to implement the same. If Developer fails to construct the additional
Improvement within a reasonable time under the circumstances, the City may cause such work to be carried
out and shall charge against the financial guarantee held by the City pursuant to this Agreement. The
requirement by the City of such additional Improvements as set forth herein must not negatively impact the
development or cause or result in the loss of a lot/unit/building within the development.
SECTION V : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, Improvements, shall be completed by the Developer within one (1)
year from the signing of this Agreement or prior to occupancy of any unit(s)/building(s).
SECTION VI : AS-BUILT CONSTRUCTION PLANS
For private utilities the Developer can use its contractor or authorize the City to prepare all necessary as-built
construction plans. For public utilities, the Developer authorizes the City to prepare all necessary as-built
construction plans for the Improvements to be dedicated to the City. Developer agrees to reimburse City for all
costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to
construction documents and upload of data to City’s Geographic Information System, and City may utilize
Developer’s Deposit account for all charges related hereto.
SECTION VII : FINAL ACCEPTANCE
Throughout this Agreement, various stages of the development will require approval by the City. “Final
Acceptance” as used herein, however, shall be the ultimate acceptance of all of the Improvements in the
completed development as a whole and shall be granted specifically by resolution of the City Council. Final
Acceptance shall be granted when substantial completion occurs, as determined by the City Council pursuant
to the definition of substantial completion shown in Wisconsin Statutes Section 236.13(2)(am)(2). Granting
Final Acceptance does not relieve the Developer of any obligations of this Agreement for uncompleted
Improvements, and does not constitute a waiver, in particular, of the Developer’s obligation to complete any
other Improvements or obligations that may be outstanding at the time that Final Acceptance is granted.
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SECTION VIII : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon
completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the
water main, (excluding those facilities which are to be owned and maintained by the developer) to the City, its
successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be
acceptable to the City) whatever, together with and including, without limitation because of enumeration, any
and all land, 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 Improvements,
except private storm water drainage facilities, when all said utilities have been completed and approved by the
City Engineer and other agencies as applicable.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the
dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and
written municipal specifications universally applied as of the date of this Agreement. Claims of financial
hardship by the Developer shall not be considered a reason for the City to accept substandard materials or
work.
The City shall have the right to connect to or integrate other utility facilities with the Improvements provided
herein without payment, award, or consent required of the Developer, provided, however that connection to
any facilities located on or under Developer’s property shall require notice to Developer and shall not
negatively impact the building or any of its tenants.
At such time as all improvements are completed and acceptable as called for under this Agreement, and all
approvals have been received from regulatory agencies, such improvements shall be accepted by the City by
separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the
City Engineer deems other items relating to the construction of the development necessary:
1. The water facilities required to serve the building are connected with an operational system as required
herein.
SECTION IX : INSPECTION AND ADMINISTRATION FEES
Developer shall pay and reimburse the City, in accordance with Section 392-13 of the Land Division Ordinance
and Muskego Municipal Code Section 39-10, 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 III, including without limitation by reason of enumeration,
design, engineering, preparing, checking and review of designs, plans and specifications, supervision,
inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and
ordinances; and 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 X : MISCELLANEOUS REQUIREMENTS
The Developer shall:
1. Easements: Provide any easements on Developer's land deemed necessary by the Public Works and
Development Director or his designee prior to accepting any public improvements and prior to any
occupancy being grated for the use of the building.
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2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
3. Survey Monuments: Properly place and install any lot, block or other monuments required by State
Statute, City Ordinance or the City Engineer.
4. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental
agency permits.
5. Removal of Topsoil: The Developer agrees that no topsoil shall be removed from the development
without approval from the City Engineer of which said approval shall not be unreasonably withheld.
6. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under
construction within the development until such time as all Improvements have been installed and building
occupancy has been granted. The City shall make a reasonable effort to require the contractor responsible
for the debris to clean up the debris or to hold the subject property owner who hired the contractor
responsible. The Developer and/or subject property owner shall clean up the debris within forty-eight (48)
hours after receiving a notice from the City Engineer. If said debris is not cleaned up after notification, the
City will do so at the Developer’s and/or subject property owner's expense.
SECTION XI : GENERAL CONDITIONS AND REGULATIONS
Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by
reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set
forth at length herein. This 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 XII : GUARANTEES
The Developer shall guarantee the water main improvements described in Section III, Improvements, against
defects due to faulty materials or workmanship provided that such defects appear within a period of one (1)
year from the date of acceptance. The Developer 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 XIII : GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents
incorporated herein by reference, Developer 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 except those claims asserted by Developer against City, its officers, agents and employees in an effort
to enforce this Agreement.
a) Indemnification and Hold Harmless. The Developer shall indemnify and hold harmless the City, its
officers, agents, independent contractors, consultants, and employees from and against all claims,
damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than
the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of the Developer, its officers, agents, independent contractors, and
employees or anyone for whose acts any of them may be made liable. In any and all claims against the
City, its officers, agents, independent contractors, and employees by the Developer, its officers, agents,
independent contractors, employees, and anyone directly or indirectly employed by any of them or
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anyone for whose acts any of them may be held liable, the indemnification obligation under this section
shall not be limited in any way by any limitation on the amount or type of damages, compensation, or
benefits payable by or for the Developer, its officers, agents, independent contractors, employees
under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. The
foregoing indemnity shall not apply to the negligence or willful misconduct of the City.
b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in
exercising any power or authority granted to them thereby, there shall be no personal liability of the City
officers, agents, independent contractors, consultant, and employees, it being expressly understood
and agreed that in such matters they act as agents and representatives of the City.
c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City
and its officers, agents, independent contractors, consultants, and employees harmless from any
claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys,
consultants, and experts) that arise as a result of the presence or suspected presence in or on the real
property dedicated or conveyed to the City by, under, pursuant to, or in connection with the
Development (including but not limited to street right of way) of any toxic or hazardous substances
arising from any activity occurring prior to the acceptance of all improvements. Without limiting the
generality of the foregoing, the indemnification by the Developer shall include costs incurred in
connection with any site investigation or any remedial, removal, or restoration work required by any
local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous
substances on or under the real property, whether in or on the soil, groundwater, air, or any other
receptor. The City agrees that it will immediately notify Developer of the discovery of any
contamination or of any facts or circumstances that reasonably indicate that such contamination may
exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall
investigate and rectify conditions which indicate the presence of or suspected presence of
contamination on the subject property as identified by local, state, or federal agencies in order to
comply with applicable laws.
d) Developer shall at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five
Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00)
property damage (or such higher amounts as the City shall from time to time deem reasonable). Such
policy shall cover both Developer and the City and its agents, employees, and officials. A certificate of
Developer’s insurance shall be furnished to the City upon execution of this Agreement including
separate written endorsements naming the City as an additional insured, providing 30 days written
notification of cancellation, naming the Developer’s insurance as Primary and Non-Contributory and
waiving any rights of subrogation as to the City. Such policy shall provide that no act or default of any
person other than the City or its agents shall render the policy void as to the City or effect the City’s
right to recover thereon.
SECTION XIV : CITY RESPONSIBILITY FOR IMPROVEMENTS:
The City shall not be responsible to perform repair or maintenance on any Improvements until the
Improvements have been accepted by the City. After acceptance by the City, the City shall be responsible for
the repair and maintenance of the improvements, including the repairs and replacement of any Developer-
owned asphalt, concrete, curb, landscaping or building damaged as a result of any such repair or
maintenance.
SECTION XV : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be
for the benefit of any possible purchaser of this lot. Further, that the sale of this lot shall not release the
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Developer from completing the Improvements provided for under this Agreement, by applicable Ordinances
and as set forth in the plans and specifications on file in the Department of Public Works and Development.
SECTION XVI : CONSTRUCTION PERMITS, ETC.
The City shall, within its authority:
1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit
the Developer to construct the Improvements in accordance with the plans and specifications called for by
this Agreement, upon Developer's compliance with any deposit provisions or other requirements of the
applicable ordinances or regulations.
2. Furnish the Developer such permits or easements as may be required to enter upon and install the
previous described Improvements in any public street or public property.
3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Developer or their nominee, successors or assigns, permits for the construction of
the building subject to the provision of Section XVII, Building and Occupancy Permits.
SECTION XVII : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no occupancy permit shall be issued until the City Engineer or his
designee has determined that:
1. All parameters of Plan Commission Resolution #063-2019 has been met to the satisfaction of the
Planning Manager.
2. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public
Works and Development Director.
3. A letter of credit or cash deposit remains on file to guarantee compliance with any other obligations
under the agreement.
4. A Resolution of the dedication and acceptance of Improvements is approved by the City.
5. The Developer is not in default of any aspect of this Agreement.
SECTION XVIII : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS:
The City reserves the right to withhold issuance of any and all building permits if Developer is in violation of this
Agreement, but no permits shall be unreasonably withheld.
SECTION XIX : FINANCIAL GUARANTEES:
1. CASH DEPOSIT: Concurrent with the execution of this Agreement by the City, the Developer shall file with
the City a Cash Deposit, in the amount of $287,539.14 which amount shall be approximately 120% of the
estimated cost of improvements and other obligations pursuant to this Agreement. This shall be held by
the City as a guarantee that the required plans and improvements will be completed by the Developer and
its subcontractors no later than one (1) year from signing of the Agreement, except if another date is
provided within this Agreement and as a further guarantee that all obligations to the subcontractors for
work on the Development is satisfied and all other obligations pursuant to this Agreement have been
satisfied. If at any time:
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a) Developer is in default of any aspect of this Agreement, or
b) The Developer does not complete the installation of the Improvements within one (1) year from the
signing of this Agreement unless otherwise extended by this Agreement or by action of the City
Council, or
c) The Developer fails to maintain a cash deposit in an amount approved by City Engineer to pay the
costs of Improvements in the Development per the terms of this Agreement,
the Developer shall be deemed in violation of this Agreement and the City Council shall have the authority
to draw upon the financial guarantee.
2. Invoices: Invoices documenting public Improvements addressed and not addressed in the Cash Deposit,
but attributable to the subject development shall be provided to the City.
3. Reduction of Cash Deposit Balance: The Developer shall provide City Engineer or his designee with a
written request accompanied by: invoices for work completed for which a release is being requested,
breakdown of invoices in the format of the Public Improvement Cost Breakdown form and signed original
lien waivers for all work which is subject of the release request. The City Engineer or his designee will
process all requests in accordance with policies adopted by the Finance Committee, as may be amended
from time to time. The City Engineer shall not, however, reduce the financial guarantee with regard to
amounts necessary to ensure compliance with obligations of this Agreement that are not improvement
construction costs, unless (1) the Developer proves full compliance with such issues to the satisfaction of
the City Engineer; or (2) 14 months have passed from the date of substantial completion as determined in
Wisconsin Statute 236.13(2)(am)(1)(c) and no claims have been made against the City or by the City
against the Developer in that regard.
4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $3,000.00 balance in the Developer's Deposit.
No reduction of the balance shall be entertained until the Developer's Deposit is satisfied unless otherwise
authorized by the Common Council following a recommendation of the Finance Committee. Upon
completion of the project, acceptance of improvements and payment of all project related costs, any
unused balance remaining in Developer’s Deposit account shall be returned to Developer.
5. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall
have the right, without notice or hearing, to impose special assessments for any amount to which the
City is entitled by virtue of this Agreement relating to the Improvements or other Developer obligations
pursuant to this Agreement. This provision constitutes the Developer’s consent to the installation by
the City of all Improvements required by this Agreement and constitutes the Developer’s waiver of
notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis.
Statutes.
b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or
in law or equity in addition to, or in lieu of, the remedies provided herein.
SECTION XX : PARTIES BOUND:
Developer or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to
any phase of the development. This section allows for the City to enforce the terms and conditions of this
agreement against all such assignees, but does not grant rights to assignees absent the City’s written consent
as described in Section XXII, Amendments and Assignment. 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, drainage facilities, ditches, landscaping and all other improvements shall be the Developers.
The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not
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constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and
function of the Development and related infrastructure.
SECTION XXI : EXCULPATION OF CITY CORPORATE AUTHORITIES:
The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this
Agreement solely in their official capacity and not individually, and shall have no personal liability or
responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived.
SECTION XXII : AMENDMENTS AND ASSIGNMENT:
Developer shall not assign this Agreement without the written consent of the City. The City and the Developer,
by mutual consent, may amend this Agreement, by written agreement between the City and the Developer.
SECTION XXIII : NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally or sent by prepaid United States Postal Service certified mail with
return receipt requested, to all parties as follows:
To City:
Planning Division - City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
To Developer:
Kwik Trip, Inc.
1626 Oak St
La Crosse WI 54602
All notices shall be considered to have been delivered at the time such notices are personally delivered to each
party, or three (3) days after the date of postmark on any prepaid certified letter.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or
facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the
party.
SECTION XXIV : RECORDING
This Agreement shall be recorded against the Development property and shall run with the land.
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SECTION XXV : PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officer(s) and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above.
A. Kwik Trip, Inc.:
By: _______________________________
Its: ________________________________
STATE OF WISCONSIN )
SS
_____________ COUNTY )
PERSONALLY came before me this ____day of _____________, 2020, ______________________________,
to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of _____________
My Commission Expires ___
IN WITNESS HEREOF, City 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.
B. CITY OF MUSKEGO:
BY:
Richard R. Petfalski, Jr., Mayor
BY:
Sharon Mueller, City Clerk-Treasurer
STATE OF WISCONSIN )
SS
WAUKESHA COUNTY )
PERSONALLY came before me this _____ day of ______________,2020, the above named Richard R.
Petfalski, Jr., Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the
persons executed the foregoing instrument, 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 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 _____________, 2020.
Notary Public-State of Wisconsin
My Commission Expires
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CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Kwik Trip,
Muskego, Wisconsin, as entered into on the ____ day of _____________, 2020 by and between Kwik Trip,
Inc., and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the
_____ day of ____________, 2020.
BY THE COMMON COUNCIL
________________________
Sharon Mueller, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This ______day of ___________, 2020.
My commission expires
This instrument drafted by:
Jeffrey J. Warchol, City Attorney
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
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