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CC042721packetCITY OF MUSKEGO COMMON COUNCIL AGENDA 04/27/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE PUBLIC COMMENT City Residents and Taxpayers Only - Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to three minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. COMMUNICATIONS FROM THE MAYOR'S OFFICE Proclamation - Fair Housing Month PR-Fair Housing Month (April,2021).docx Proclamation - Arbor Day PROCLAMATION (Arbor Day-April 2021).docx PUBLIC HEARING To consider the petition of Mike Kaerek of Kaerek Homes, Inc. to rezone property known as part of Tax Key Numbers 2211.996.002 and 2211.997 located on Durham Drive and Priegel Drive from RC-2 - Country Residence District and SW - Shoreland Wetland District to PD - Planned Development District (based on RS-2 - Multiple Family Residence District and SW - Shoreland Wetland District) for the purpose of allowing a future single-family subdivision. PH20210427_MallardPointeRezoning.pdf Mallard Pointe-Rezoning Staff Memo.pdf Rezoning Narrative.pdf Pre-Plat MALLARD POINTE 03-18-2021 Page 1.pdf Legal and Boundary 03-03-2021.pdf POSSIBLE RECONSIDERATION Resolution #034-2021 - Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz) CCR2021034-Claim-Sewer.pdf CCM 03232021 re Claim.pdf CONSENT AGENDA Approval of Common Council Minutes - March 23, 2021 and April 20, 2021 1 CCM03232021.docx CCM04202021-org.docx Approval of Operator Licenses OPLIC20210427.pdf Resolution #036-2021 - Appointment of Citizen Members to Various Boards, Committees and Commissions CCR2021036-Citizen Appts.docx Resolution #037-2021 - Resolution Declaring May 8, 2021 as World Migratory Bird Day CCR2021037-World MBD.docx Resolution #038-2021 - Appointment of Alderpersons to Various Boards and Committees CCR2021038-Aldermen Appts.docx Resolution #039-2021 - Approval of Certified Survey Map - Kaerek CCR2021039-CSM-Kaerek.docx CSM-Kaerek.pdf PC Supplement-Kaerek CSM.pdf PC Resolution-Kaerek.doc Resolution #040-2021 - Declaring Certain Weeds to be Noxious CCR2021040-Weeds.docx Resolution #041-2021 - Appointment of Weed Commissioner for the City of Muskego CCR2021041-Appt-Weed Com.docx Resolution #042-2021 - Acceptance of Offer to Purchase from Sylwia Enerson for City Property on Woods Road CCR2021042-Offer to Purchase-Enerson.docx CCR2021042-Attachment (OTP).pdf Resolution #043-2021 - Approval of Cobblestone Meadows Storm Water Maintenance Agreement (SWMA) CCR2021043-Cobblestone SWMA.docx CCR2021043-Attachment.pdf Resolution #044-2021 - Approval of Green Solutions Funding Agreement with Milwaukee Metropolitan Sewerage District (MMSD) for Little Muskego Lake Access #9 CCR2021044-MMSD LML Access #9.docx CCR2021044-Attachment.pdf City of Muskego Lake Access 9 - GI Work Plan.pdf Resolution #045-2021 - Approval of Agreement between the Water Bugs Ski Team, Inc. and City of Muskego for Pier Placement, Water Ski Jump, and Show Events at Idle Isle CCR2021045-WB Ski Team and Pier Placement.docx CCR2021045-Attachment (WB Agrmt).pdf Resolution #046-2021 - Approval of Developer's Agreement with DCEN LLC for the Denoon Country Estates North Subdivision 2 CCR2021046-Developer's Agreement-DCEN.docx CCR2021046-Attachment (DA).pdf Resolution #047-2021 - Award of Bid - Park Arthur Fields #1, #2 and #3 CCR2021047-Park Arthur.docx NEW BUSINESS REVIEW OF COMMITTEE REPORTS Plan Commission Minutes - March 2, 2021 Minutes-PC March.pdf Finance Committee - March 9, 2021 FCM03092021.docx FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ordinance #1457 - An Ordinance to Amend the Zoning Map of the City of Muskego (Kaerek - RC-2 and SW to PD) ORD20211457-Rezone-Kaerek.docx Ordinance #1458 - An Ordinance to Amend Chapter 278, Section 278-19 and to Add Section 278- 20 of the Municipal Code of the City of Muskego (Public Waters and Beaches/Hours for Lake Access) ORD20211458-Chapter 278 Hours for Lake Access.docx Ordinance #1459 - An Ordinance to Amend Chapter 259, Section 259.1, of the Municipal Code of the City of Muskego (Parks and Recreation Facilities/Definitions) ORD20211459-Parks & Rec Facilities.docx LICENSE APPROVAL Approval of a Class A Dance Hall License and "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor for Muskego Golf LLC, S100 W14029 Loomis Road, dba Muskego Lakes Country Club Approval of Outside Dance Permits for Tail Spin, S64 W18295 Martin Drive, as follows: Thursday, May 6, 2021 - 6:30 pm to 9:30 pm Sunday, May 9, 2021 - 2:30 pm to 7:00 pm Amend the Licensed Premise as follows: Thursday, May 6, 2021 - 6:30 pm to 9:30 pm Sunday, May 9, 2021 - 11:00 am to 7:00 pm The above are subject to review and approval by the Plan Commission for outdoor activities. VOUCHER APPROVAL Utility Vouchers Tax Vouchers 3 General Fund Vouchers Voucher Reports Vouchers - Total.pdf Vouchers - Alpha.pdf CITY OFFICIALS' REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liasons Muskego Senior Taxi - Alderperson Wolfe Muskego Festival Committee - Alderperson Hammel Muskego Historical Society - Alderperson Kapusta Little Muskego Lake District - Alderperson Engelhardt Advanced Disposal Services Emerald Park Landfill Standing Committee - Alderperson Madden CLOSED SESSION Following conclusion of consideration of the above portion of its regularly scheduled agenda, the Common Council will meet to vote on a motion to convene in Closed Session for discussion/action relative to: Ronald Schroeder v. City of Muskego, Case No. 2:20-cv-01066-WED, United States District Court, Eastern District of Wisconsin. A Closed Session for the above purpose is authorized pursuant to the provisions of 19.85(1)(g), Wis. Stats., Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Upon conclusion of the Closed Session, the Common Council will convene in Open Session to consider its public agenda, including motions to recommend approval or rejection of the above-listed deliberations or any of the public agenda items that have not been acted upon. OPEN SESSION FUTURE AGENDA ITEMS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. 4 P R O C L A M A T I O N CITY OF MUSKEGO WHEREAS, Wisconsin is celebrating the 53rd Anniversary of the Wisconsin Open Housing Law; and WHEREAS, It is important to reaffirm Muskego’s commitment regarding fair housing which occurs when people have a wide range of housing choices based on income and needs regardless of race, color, sex, sexual orientation, religion, national origin, ancestry, age, marital status, lawful source of income, disability, family status, or status as a victim of domestic abuse, sexual abuse, or stalking. NOW, THEREFORE, BE IT RESOLVED, that I, Rick Petfaslki, Mayor of the City of Muskego, do hereby proclaim April 2021 to be FAIR HOUSING MONTH and encourage all housing providers to support and affirm their commitment to Fair Housing. I wish for continued success in breaking the barriers that limit the realization of equal housing opportunities for everyone. DATED THIS 27th DAY OF APRIL 2021. __________________________________ Rick Petfalski, Mayor Attest: __________________________ Clerk-Treasurer 5 ARBOR DAY PROCLAMATION WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, on March 5, 2021, the City of Muskego was named a 2020 Tree City USA by the National Arbor Day Foundation in honor of its commitment to effective urban forest management. NOW, THEREFORE, I, Rick Petfalski, Mayor of the City of Muskego, do hereby proclaim Friday, April 30, 2021 as ARBOR DAY in the City of Muskego, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the wellbeing of present and future generations. DATED THIS 27th DAY OF APRIL 2021. __________________________ Rick Petfalski, Mayor Attest: ______________________________ Clerk-Treasurer 6 I01,300 2,600650 FeetScale: Legend Affected Area Properties within 300 ft Municipal Bounda ry Righ t-of-Way Pa rcels Stru ctures Lake B o x h o r n D r . H i V i e w D r . BigMuskegoLake D urha m Dr. North Cape Rd. P r i e g e l D r . CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, April 27, 2021, at Muskego City Hall, W182 S8200 Racine Avenue, to consider the following: Upon the petition of Mike Kaerek of Kaerek Homes Inc. shall the following area described as: Part of Government Lot 3 of the Southwest 1/4 of Fractional Section 13 and part of the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 13, in Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southeast corner of the Southwest 1/4 of said Section 13; thence South 87° 42' 36" West along the South line of said 1/4 Section a distance of 175.00 feet to a point; thence North 00° 58' 26" West 30.00 feet to the point of beginning of lands to be described; thence South 87° 42' 36" West 483.83 feet to a point; thence North 65° 46' 45" West 390.19 feet to a point; thence North 75° 56' 24" West 163.38 feet to a point; thence North 86° 20' 24" west 332.16 feet to a point; thence South 87° 42' 36" west 336.71 feet to a point; thence North 01° 09' 00" West 643.51 feet to a point in the South line of Outlot 3 in Big Muskego Lakes Subdivision; thence North 88° 07' 00" East along said South line 1839.42 feet to Southeast corner of Lot 1 in Certified Survey Map No. 9409; thence North 36° 03' 13" East along the East line of said Lot 405.45 feet to a point in the Westerly line of Durham Drive; thence South 38° 45' 12" East along said Westerly line 223.50 feet to a point; thence South 49° 58' 22" West 15.00 feet to a point; thence South 38° 45' 13" East 30.01 feet to a point; thence North 49° 58' 22" East 15.00 feet to a point in the Westerly line of Durham Drive; thence South 38°45' 12" East along said Westerly line 424.40 feet to a point; thence South 38° 26' 38" East along said Westerly line 675.86 feet to a point; thence South 20° 21' 05" East along said Westerly line 32.20 feet to a point in the North line of Priegel Drive; thence South 51° 33' 22" West along said North line 133.10 feet to a point; thence South 87° 32' 41" West along said North line 338.92 feet to a point; thence North 00° 58' 26" West 300.00 feet to a point; thence South 87° 32' 27" West along the North line of Certified Survey Map No. 1222 and its Easterly extension 400.16 feet to the Northwest corner of said Map; thence South 00° 58' 26" East along the West line of said Map 45.35 feet to the Northeast corner of Certified Survey Map No. 708; thence South 87° 32' 27" West along the North line of said Map 236.91 feet to the Northeast corner of Certified Survey Map No. 105; thence South 87° 42' 36" West along the North line of said Map 175.00 feet to a point; thence South 00° 58' 26" East 254.65 feet to the point of beginning. Also known as part of Tax Key Nos. 2211.996.002 & 2211.997 / Durham Dr. & Priegel Dr. Be granted a rezoning from RC-2 – Country Residence District and SW – Shoreland Wetland District to PD – Planned Development District (based on RS-2 – Multiple Family Residence District and SW – Shoreland Wetland District) for the purpose of allowing a future single-family subdivision. The petitioner’s application is available for public inspection by contacting the City of Muskego Planning Division. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on April 7, 2021 and April 14, 2021. Dated this 26th day of March, 2021. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING AND GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." 7 CITY OF MUSKEGO Staff Report to Common Council April 27, 2021 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: Mallard Pointe Subdivision (Kaerek Homes Inc.) - Rezoning from RC-2 – Country Residence District and SW – Shoreland Wetland District to PD – Planned Development District (based on RS-2 – Multiple Family Residence District and SW – Shoreland Wetland District) Date: April 21, 2021 Background Information: The petitioner, Mike Kaerek of Kaerek Homes Inc., is applying to rezone a property located along Durham Drive and Priegel Drive (Part of Tax Key Nos. 2211.996.002 & 2211.997). The request is to rezone from RC-2 – Country Residence District and SW – Shoreland Wetland District to PD – Planned Development District (based on RS-2 – Multiple Family Residence District and SW – Shoreland Wetland District). The site of this rezoning and newly proposed subdivision is 45.5 acres in size. The tentative subdivision proposal is for forty-five (45) lots along with five (5) outlots. The outlots would be for stormwater management, open space/preservation, for utility easements and landscape easements. The subdivision would include new public roadways stemming off of Durham Drive and Priegel Drive. The proposed 45 single-family lots results in approximately 0.989 units/acre or 1 unit per 1.01 acres (44,048 square feet) of land (gross). This density falls within the Low Density Residential land use category, which allows 0.5 to 0.99 units/acre. The proposed density meets the current 2020 Comprehensive Land Use Plan requirements. The base RS-2 zoning typically allows 20,000 square feet of land per lot with a typical minimum average width of 110 feet. As part of the PD request, the applicant is asking for the following zoning waivers: • Minimum average lot width of 100 feet, as compared to the typical 110 feet in the standard RS-2 District. • Front setback of 30 feet, as compared to the typical 40 feet in the standard RS-2 District. • Side yard offsets of 15 feet on both sides, as compared to the typical 15 feet on one side and 20 feet on the opposite side in the standard RS-2 District. • Rear offset of 25 feet, as compared to the typical 20 feet in the standard RS-2 District. The only exception to this is for the lots abutting Durham Drive remaining at 40 feet. Also, Lot 37 will have 40 feet of setback from Priegel Drive. The applicant is NOT requesting any type of density bonus as part of this PD request. 8 March 4, 2021 Mr. Adam Trzebiatowski, AICP City of Muskego Planning Services Division W182 S8200 Racine Avenue Muskego, WI 53150 RE: Mallard Pointe Subdivision Planned Development Narrative Dear Mr. Trzebiatowski: On behalf of Kaerek Homes, I am pleased to present this proposed Planned Development District rezoning petition for Mallard Pointe, a 45-lot single family residential subdivision at the northwest corner of Durham Drive and Priegl Drive. The subdivision will be served by municipal sewer and water. Outlots within the subdivision will be reserved for stormwater management and open space preservation. The proposed Planned Development District is presented under the auspices of the RS-2 Suburban Residence District, with the following modifications:  Minimum average lot width of 100 feet.  Front setback of 30 feet and side yard of 15 feet.  Rear setback of 25 feet, with the exception of lots abutting Durham Drive being 40 feet. The proposed Planned Development District will not negatively impact the City or surrounding area because it will comply with the Comprehensive Plan, and the base zoning modifications will benefit the City by increasing open space preservation. At a density of 0.989 units/acre, the proposed Planned Development District will add value to the City, while maintaining a balance of urban and rural atmospheres that have always existed across the City. If you should have any questions or require any additional detail, please email me at chris.hitch@rasmith.com or call me at 262-317-3267. Sincerely, R.A. Smith, Inc. Christopher D. 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Said Land contains 1,982,175 sq.ft. or 45.5045 acres. March 1, 2021 Drawing No. 162866-RMK 11 ( IN FEET ) GRAPHIC SCALE 0 500250 SHEET OF ZONING EXHIBIT REZONING TO PLANNED DEVELOPMENT 1 2 S:\5162866\dwg\ZX101A500.dwg \ SHEET 2 12 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #034-2021 DENIAL OF CLAIMS (November 8, 2020 Sewer Water Backup) WHEREAS, The City of Muskego received Notices of Claim from various residents that sustained property damage due to sewer water backup incidents, which occurred as a result of an unnoticed clog in a section of the sewer main line; and WHEREAS, The City’s insurance carrier, Statewide Services, Inc., upon review and investigation has recommended, and concurred with by the City Attorney, that the City disallow these claims based on discretionary immunity afforded to the City per State Statute; and WHEREAS, Statewide Services, Inc. has provided a letter to each claimant recommending that the City disallow the claims along with the basis for its reasoning; and WHEREAS, The Finance Committee has reviewed the insurance company’s findings and recommended that the City disallow the claims. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby disallow the claims submitted from residents identified on the attached Exhibit I. BE IT FURTHER RESOLVED That no legal action may be brought on these claims after six months from the date of service of notice of this disallowance of claim pursuant to Wisconsin Statutes Section 893.80. DATED THIS 23rd DAY OF MARCH 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #034-2021 which was adopted by the Common Council of the City of Muskego. ___________________________ Clerk-Treasurer 03/21cmc 13 Common Council Minutes 2 March 23, 2021 Resolution #034- 2021 - Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz). Alderperson Kubacki moved to approve. Alderperson Madden seconded. Ald. Wolfe noticed that the letter from the insurance company went out but it doesn’t mention a date so that those people affected can come and express their opinions. He would like to defer this so they can be contacted ahead of time. In addition, we are missing two council members. City Attorney Warchol mentioned that we only have 120 days from the date that the Notice of Damages gets submitted in which to notify the claimants of denial of the claims. If we timely notify, the Statute of Limitations is reduced to six months for them to be able to sue us. If we don’t notify them in that time, then the regular Statute of Limitations applies which is six years. Mr. Warchol clarified that the letters that each claimant received was from the insurance company not the City. If the Common Council does take the insurance company’s recommendation to deny the claim, a letter from the Clerk is prepared by Mr. Warchol the day after the meeting and then mailed (certified & return receipt) to each claimant. As to the claimants not being at this meeting, Attorney Warchol stated that the Agendas are noticed and available for public view the Friday prior to the meeting. Ald. Wolfe stated that in view of the magnitude of this situation, the claimants should have been notified of the meeting. Ald. Kubacki asked how many of the claimants contacted the City to which the Mayor and Mr. Warchol stated that most of them did. Mr. Warchol reiterated that he can’t recommend that we don’t deny this because the Statute of Limitations then becomes six years which means that any time between now and the next six years, the City can be sued on these claims. Ald. Kubacki asked when the six-month Statute of Limitations expire. Mr. Warchol replied that there would not be another Council meeting prior to the expiration date for two of the claimants but that he brought all the claims forward for this Council meeting for efficiency and consistency. Mr. Warchol continued that what the claimants could have done after they received their letter from the insurance company is to watch for the Agendas for when their claim would be coming before Council, as this is how people generally receive notice regarding issues coming before Council. In addition, any Council Member could have contacted them to let them know that it is on the Agenda. The City is not responsible for telling them that this is coming up for action before the Council. Ald. Wolfe stated that there was not enough time. In addition, they get a letter from the insurance company saying that they will not pay for the damages, why would they think that the City would change its mind. He mentioned that we are doing claimants a disservice and he doesn’t like the process. Ald. Kubacki stated that the council members could have taken it upon themselves to contact the claimants but didn’t. Mr. Warchol referred to the second paragraph of the letter where it says that the insurance company recommends that the City disallow their claim. It is not specifically saying that the claim is denied. Then the next step is to put it on the Council meeting agenda for decision by the Council Members. 14 Common Council Minutes 3 March 23, 2021 Ald. Kubacki questioned whether making a one-time funding source available to claimants would be a solution. Mayor mentioned that it would set a bad precedence. In all of the years involved in City government, he has never seen things like this get approved. There have been sewer backups in the City going back a long way. There is insurance available that any good insurance agent should be telling their client they should have and making them aware of the limitations that some policies have. They should let them know that if they have a sewer backup that it is not the City’s responsibility. Mayor Petfalski asked the Council Members if all six claimants were here tonight, would anyone change their vote. Ald. Terrence mentioned that it would not make a difference to him if the claimants were here. On the one hand, we have to look out for residents, but on the other hand, there is another 20,000 plus people that we would be pulling resources from when we are not liable. Motion to approve denial of claims carried 4 to 1. 15 CITY OF MUSKEGO Unapproved COMMON COUNCIL MINUTES March 23, 2021 6:00 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:05 p.m. ROLL CALL Present: Alderpersons Wolfe, Hammel, Terrence, Kubacki and Madden. Also present: City Attorney Warchol, Public Works & Development Director Kroeger, and Administrative Assistant Crisp. Absent: Alderpersons Engelhardt and Kapusta PUBLIC MEETING NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT None COMMUNICATIONS FROM THE MAYOR’S OFFICE Submittal of City of Muskego MS4 Permit to the DNR. Mayor Petfalski read a statement: The City of Muskego must annually submit a MS4 (Municipal Separate Storm Sewer System) permit to Wisconsin DNR by March 31, of each year. The City of Muskego has submitted their MS4 permit. A stipulation of this permit is to inform/notify elected officials of this MS4 permit as well as posting it to the City of Muskego website. CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda except for Resolution #029-2021. Alderperson Madden seconded;motion carried.The following were approved: Approval of Minutes -March 9, 2021 Approval of Operator Licenses Resolution #027-2021 -Approval of Facilities Use Agreement between the Muskego- Norway School District and the City of Muskego Resolution #028-2021 -Approval of Developer's Agreement for PEGARL LLP Resolution #030-2021 -Award of Bid for 2021-2022 Parks, Boulevards, Terraces and Facility Landscaping and Game Day Field Preparation Resolution #035-2021 -Approval of Cobblestone Court Developer's Agreement 16 Common Council Minutes 2 March 23, 2021 NEW BUSINESS Resolution #029-2021 - Establishing Traffic Regulations (No Parking Signs - Park Drive) Alderperson Kubacki moved to approve. Alderperson Madden seconded. Ald. Kubacki stated that the Police Chief commented that no one has ever called the Police Department regarding trespassers on their beach. The Chief suggested that if this happens again, they should call the police and appropriate action will be taken whether citing or speaking with them. Most of the time that will deter the trespassing. No Parking signs would cause a lot of problems for those series of homes on the east side of Park all the way down to Lake Street and from Lake Street going south. We should hold off for now; we can put up signs if it does become a problem. Ald. Hammel questioned whether No Parking signs will stop someone from trespassing. However, having No Parking signs is another tool in their tool belt. We can put up the signs now and review this after the 4th of July weekend after a busy weekend. However, it was mentioned that putting up signs and then taking them down again is not a good idea. Ald. Madden heard someone say that the people across the street can park there because the police can check their plates and see that they live there in which case they would not be ticketed. However, that is not the case. She agrees that it should be deferred and let the police do their job when they get complaints. Mayor Petfalski suggested it be deferred until the July or August meeting. If there is going to be problems in that area, it is going to happen by then. Then the Council Members can act appropriately if they think this is a tool to use or they can deny it at that point. Alderperson Kubacki made a motion to defer Resolution #029-2021 until the first meeting in August; Alderperson Terrence seconded; motion to defer carried. Resolution #032-2021 - A Resolution to Terminate Tax Incremental Districts Numbers 8 and 9 (Roll call vote required.)Alderperson Wolfe moved to approve. Alderperson Madden seconded. Motion carried 5 in favor. Resolution #033-2021 - Recognition of Police Chief Richard Rens Service to the City. Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. Resolution #034- 2021 - Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz). Alderperson Kubacki moved to approve. Alderperson Madden seconded. Ald. Wolfe noticed that the letter from the insurance company went out but it doesn’t mention a date so that those people affected can come and express their opinions. He would like to defer this so they can be contacted ahead of time. In addition, we are missing two council members. City Attorney Warchol mentioned that we only have 120 days from the date that the Notice of Damages gets submitted in which to notify the claimants of denial of the claims. If we timely notify, the Statute of Limitations is reduced to six months for them to be able 17 Common Council Minutes 3 March 23, 2021 to sue us. If we don’t notify them in that time, then the regular Statute of Limitations applies which is six years. Mr. Warchol clarified that the letters that each claimant received was from the insurance company not the City. If the Common Council does take the insurance company’s recommendation to deny the claim, a letter from the Clerk is prepared by Mr. Warchol the day after the meeting and then mailed (certified & return receipt) to each claimant. As to the claimants not being at this meeting, Attorney Warchol stated that the Agendas are noticed and available for public view the Friday prior to the meeting. Ald. Wolfe stated that in view of the magnitude of this situation, the claimants should have been notified of the meeting. Ald. Kubacki asked how many of the claimants contacted the City to which the Mayor and Mr. Warchol stated that most of them did. Mr. Warchol reiterated that he can’t recommend that we don’t deny this because the Statute of Limitations then becomes six years which means that any time between now and the next six years, the City can be sued on these claims. Ald. Kubacki asked when the six-month Statute of Limitations expire. Mr. Warchol replied that there would not be another Council meeting prior to the expiration date for two of the claimants but that he brought all the claims forward for this Council meeting for efficiency and consistency. Mr. Warchol continued that what the claimants could have done after they received their letter from the insurance company is to watch for the Agendas for when their claim would be coming before Council, as this is how people generally receive notice regarding issues coming before Council. In addition, any Council Member could have contacted them to let them know that it is on the Agenda. The City is not responsible for telling them that this is coming up for action before the Council. Ald. Wolfe stated that there was not enough time. In addition, they get a letter from the insurance company saying that they will not pay for the damages, why would they think that the City would change its mind. He mentioned that we are doing claimants a disservice and he doesn’t like the process. Ald. Kubacki stated that the council members could have taken it upon themselves to contact the claimants but didn’t. Mr. Warchol referred to the second paragraph of the letter where it says that the insurance company recommends that the City disallow their claim. It is not specifically saying that the claim is denied. Then the next step is to put it on the Council meeting agenda for decision by the Council Members. Ald. Kubacki questioned whether making a one-time funding source available to claimants would be a solution. Mayor mentioned that it would set a bad precedence. In all of the years involved in City government, he has never seen things like this get approved. There have been sewer backups in the City going back a long way. There is insurance available that any good insurance agent should be telling their client they should have and making them aware of the limitations that some policies have. They should let them know that if they have a sewer backup that it is not the City’s responsibility. Mayor Petfalski asked the Council Members if all six claimants were here tonight, would anyone change their vote. Ald. Terrence mentioned that it would not make a difference to 18 Common Council Minutes 4 March 23, 2021 him if the claimants were here. On the one hand, we have to look out for residents, but on the other hand, there is another 20,000 plus people that we would be pulling resources from when we are not liable. Motion to approve denial of claims carried 4 to 1. REVIEW OF COMMITTEE REPORTS Finance Committee - February 23, 2021 Public Works and Safety Committee - July 20, July 28, August 25, November 17 and December 15, 2020 LICENSE APPROVAL Approval of Change of Agent (Sarah Drezdzon) for "Class A" Liquor License held by Ultra Mart Foods, LLC (d/b/a Pick 'n Save). Alderperson Madden moved to approve. Alderperson Kubacki seconded; motion carried. Approval of a "Class C" Dance Hall License and a "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor for Wisconsin Youth Sports Association (d/b/a Sport Development), Nicole Lutz Agent, located at W160 S6369 Commerce Drive. Alderperson Kubacki moved to approve. Alderperson Wolfe seconded. Ald. Madden stated she is uncomfortable with this especially with kids involved. We are not just talking about beer and wine. The license they are asking for allows them much more than what they really need. Ms. Lutz stated that they are under the Wisconsin Youth Sports Association which is a non- profit entity and have recently moved out of a much smaller facility. Their operating expenses at this much larger facility are quite a bit more. They are looking at ways to generate revenue for their non-profit. They would like to do other programs for adults which will be during the April – August months when the youth are traveling or outside for their activities. Ald. Madden stated that if we grant them their license, we have no say about what time they are going to use it. She is concerned that there will be sales of liquor during kids’ games. It might be different it the license was limited to just beer and wine. Mayor Petfalski mentioned that the Council Members could amend the license request tonight. One of the things to be aware of is that there are at least two other youth indoor baseball facilities in Muskego and it is possible that they would ask for something similar. Ald. Kubacki asked Ms. Lutz if beer and wine would be sufficient for what their future plans are. She responded that there is opportunity with either license. She agrees that concerns are valid, but they plan to be responsible when they have those events that are geared towards adults (over 21). She compares this facility to a bowling alley type atmosphere where there are activities for kids as well as adults. Ald. Wolfe remembers going to Center Court where they have alcohol, but it was limited to the food area. Looking at the drawing, he mentioned that it is difficult to see what their plan is. Ms. Lutz explained that there are two concession areas - one is in the facility itself and the other is a private rental area on the other side of the building. In response to Ald. Wolfe question concerning the name, she clarified that the facility is called Halo Athletics. Their non-profit is the 19 Common Council Minutes 5 March 23, 2021 Wisconsin Youth Sports Association. They do business as the Milwaukee Angels Baseball Organization (youth program) and Halo Athletics so there are two entities under the umbrella of the non-profit. The Milwaukee Angels pay rent for time & space at their facility. The Halo facility wants to bring in more organizations like the Muskego Rec Dept. to possibly run programs at the facility. Ald. Kubacki asked her to give the Council a better idea of what she is looking for. The drawing also confuses him. How would they contain the use of alcoholic beverages to segregated areas? He just doesn’t feel comfortable giving them cart blanche. Ms. Lutz stated that the activities are going on in the concession stand and the field area that is in the shape of a big square. The doors open and all you see is baseball field and cages. The other area is off to the side and contained and is more for private rentals for parties, etc. When Ald. Kubacki asked whether the license covers the whole facility, the response was yes. Mayor Petfalski stated that granting this license would grant them permission to put up gaming (slot) machines and the machines can be put up anywhere within the licensed area. However, it can be restricted. Ms. Lutz stated that they are not planning to put up machines at this time. Ald. Wolfe asked whether there was seating to watch the games. Ms. Lutz replied that there are stools at the countertop along the fencing area. He suggested that they tour the facility to get an idea of what the facility looks like. Ald. Terrence stated that there are outdoor parks where the kids are playing and alcohol is served. When done well, it gives them that revenue stream. It creates a place where parents would want to stay. More of a detailed written plan would help with pictures and an idea of the events they would have. Ms. Lutz reiterated that this is mainly for the revenue generated from adult programs that they can build overtime. They do want a broader license. There will be times like their main fundraiser when youth is there with parents that are partaking alcoholic beverages. Overall, it is for their adult programs throughout summer to bring in a constant revenue stream. Mayor Petfalski reminded the Council Members of their options. They can approve the application as presented, amend the application for beer & wine, limit/allow gaming machines, etc. Ald. Kubacki recommends they defer this so there is time to take a tour of the facility. He would also like to see some limitations as to where alcoholic beverages can be taken. Ald. Kubacki made a motion to defer; Alderperson seconded. The motion to defer was denied. Motion to approve passed 3-2. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $71,652.53. Alderperson Madden seconded; motion carried. 20 Common Council Minutes 6 March 23, 2021 Tax Vouchers Alderperson Wolfe made a motion to approve Tax Vouchers in the amount of $252,497.36. Alderperson Kubacki seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $315,231.48. Alderperson Hammel seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $367,678.07. Alderperson Terrence seconded; motion carried. CITY OFFICIALS’ REPORT Mayor Petfalski stated that the first meeting in April has been canceled so there will be just one April meeting. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons – None. Mayor Petfalski mentioned that we are coming up to our organization meeting so if you want to be on certain committees, let him know within the next month. FUTURE AGENDA ITEMS None ADJOURNMENT Alderperson Wolfe made a motion to adjourn at 6:54 p.m. Alderperson Terrence seconded; motion carried. Minutes taken and transcribed by Christine Crisp. 21 CITY OF MUSKEGO Unapproved COMMON COUNCIL MINUTES April 20, 2021 6:00 PM Muskego City Hall W182 S8200 Racine Avenue Prior to the meeting being called to order, Municipal Judge Shelley Grogan administered the Oath of Office to the following officials: Alderperson District 2 Bob Hammel Alderperson District 4 Thomas Kapusta Alderperson District 6 Kevin Kubacki Alderperson District 7 Eileen Madden A Certificate of Election was given to each elected official. CALL TO ORDER Mayor Petfalski called the meeting to order at 6:07 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Engelhardt, Kubacki,and Madden. Also present: Police Chief Westphal and Deputy Clerk Blenski. PUBLIC MEETING NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. NEW BUSINESS Comments from Judge Grogan Judge Grogan stated that she was honored to be able to swear in the elected officials. She thanked them for their service to the community. Comments from Newly Elected Officials Alderpersons Hammel, Kapusta, Kubacki, and Madden gave a few brief comments. Mayor Petfalski congratulated and thanked each of them. He looks forward to working with all of them to see what great things they can do together for the City. Election of Council President The Mayor explained the election process. The ballots for Council President do not have to be initialed. The following nomination was made: Alderperson Kevin Kubacki. On the first election ballot, the following votes were cast: Alderperson Kubacki –7 Mayor Petfalski congratulated Alderperson Kubacki as the new Council President. 22 Common Council Minutes 2 April 20, 2021 Vote of Recommendation to the Mayor by Alderpersons for the Council Representative to the Plan Commission The following nominations were made: Alderperson Eileen Madden Alderperson Kevin Kubacki Alderperson Rob Wolfe On the first election ballot, the following votes were cast: Alderperson Madden – 5; Alderperson Wolfe – 2 Appointment of Council Representative to the Plan Commission by the Mayor Mayor Petfalski congratulated Alderperson Madden as his appointment to the Plan Commission. Election of Council Representative to the Little Muskego Lake Protection & Rehabilitation District The following nomination was made: Alderperson John Engelhardt. The voting ballots need to be initialed. On the first election ballot, the following votes were cast: Alderperson Engelhardt – 7 Mayor Petfalski congratulated Alderperson Engelhardt as the Council Representative to the Little Muskego Lake District. CITY OFFICIALS’ REPORTS – None COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW If any Council Member has a specific wish for committee appointments, please let Mayor know. FUTURE AGENDA ITEMS None ADJOURNMENT Alderperson Madden made a motion to adjourn at 6:20 p.m. Alderperson Hammel seconded; motion carried. Minutes transcribed by Christine Crisp. 23 T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2021\OPLIC20210427.docx OPERATOR LICENSE APPROVALS COMMON COUNCIL – 04/27/2021 Lauren Busalacchi Samantha Danowski April Donner Justin Edwards Rachel Falkowski Danielle Knutson Laurie Kontney Jodi Miller Therese Missiaen Lisa Murray Kristin Rydzik Nicole Talakowski 24 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #036-2021 APPOINTMENT OF CITIZEN MEMBERS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS WHEREAS, It is the responsibility of the Mayor to appoint citizen members to the City’s various Boards, Committees and Commissions. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby confirm the appointment of the following individuals to serve as follows: Board or Commission Appointment Term to Expire Board of Appeals Dennis Dyszelski May 1, 2024 Board of Review Mara Spring May 1, 2026 Board of Review Thomas Ralston (1st Alternate)May 1, 2026 Library Board Nancy Kangas May 1, 2024 Library Board Aaron Robertson May 1, 2024 Library Board Barbara Schroeder May 1, 2024 Parks & Conservation Committee Toby Whipple (Chair)May 1, 2024 Parks & Conservation Committee Barbara Schroeder May 1, 2024 Plan Commission Chris Buckmaster May 1, 2024 Plan Commission Dave Graf May 1, 2024 Police and Fire Commission Mike Kuspa May 1, 2026 BE IT FURTHER RESOLVED That the Mayor designates Henry Schneiker as 1 st Alternate on the Board of Appeals to complete the term of Neal Wallner who is stepping down. BE IT FURTHER RESOLVED That as a result of the adoption of Ordinance #1451 Toni Heinowski’s appointment to Library Board (School Rep) is extended to 2023. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY: Mayor Rick Petfalski This is to certify that this is a true and accurate copy of Resolution #036-2021, which was adopted by the Common Council of the City of Muskego. ______________________________ Deputy Clerk 4/21cmc 25 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #037-2021 RESOLUTION DECLARING MAY 8, 2021 AS WORLD MIGRATORY BIRD DAY WHEREAS, migratory birds are some of the most beautiful and easily observed wildlife that share our communities; and WHEREAS, many citizens recognize and welcome migratory songbirds as symbolic harbingers of spring; and WHEREAS, these migrant species also play an important economic role in our community, controlling insect pests and generating millions in recreational dollars statewide; and WHEREAS, migratory birds and their habitats are declining throughout the Americas, facing a growing number of threats on their migration routes and in both their summer and winter homes; and WHEREAS, public awareness and concern are crucial components of migratory bird conservation; and WHEREAS, citizens enthusiastic about birds, informed about the threats they face, and empowered to help address those threats can directly contribute to maintaining healthy bird populations; and WHEREAS, since 1993 World Migratory Bird Day (formerly International Migratory Bird Day) has become a primary vehicle for focusing public attention on the nearly 350 species that travel between nesting habitats in our communities and throughout North America and their wintering grounds in South and Central America, Mexico, the Caribbean, and the southern U.S.; and WHEREAS, hundreds of thousands of people will observe WMBD, gathering in town squares, community centers, schools, parks, nature centers, and wildlife refuges to learn about birds, take action to conserve them, and simply to have fun; and WHEREAS, while WMBD officially is held each year on the second Saturday in May, its observance is not limited to a single day, and planners are encouraged to schedule activities on the dates best suited to the presence of both migrants and celebrants; and WHEREAS, WMBD is not only a day to foster appreciation for wild birds and to celebrate and support migratory bird conservation, but also a call to action. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Muskego does hereby declare May 8, 2021 as World Migratory Bird Day in the City of Muskego, and urges all citizens to celebrate this observance and to support efforts to protect and conserve migratory birds and their habitats in our community and the world at large. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY: Mayor Rick Petfalski This is to certify that this is a true and accurate copy of Resolution #037-2021, which was adopted by the Common Council of the City of Muskego. ________________________________ Deputy Clerk 26 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #038-2021 APPOINTMENT OF ALDERMEN TO VARIOUS BOARDS AND COMMITTEES WHEREAS, It is the responsibility of the Mayor to appoint a representative of the Common Council to the Library Board and Parks & Conservation Committee. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve the appointments of the following Aldermen to serve as Common Council representatives: Library Board Alderman Rob Wolfe Term Expires 4/2022 Parks & Conservation Committee Alderman Tom Kapusta Term Expires 4/2022 DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY: Mayor Rick Petfalski This is to certify that this is a true and accurate copy of Resolution #038-2021 which was adopted by the Common Council of the City of Muskego. _________________________ Deputy Clerk 4/21cmc 27 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #039-2021 APPROVAL OF A CERTIFIED SURVEY MAP Kaerek WHEREAS, A certified survey map was submitted by Mike Kaerek to finalize a two-lot land division for the May Property located at the northwest corner of Durham Drive and Priegel Drive (Tax Key Numbers 2211.996.002 and 2211.997); and WHEREAS, The Plan Commission adopted Resolution #P.C. 021-2021 recommending 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 certified survey map submitted by Mike Kaerek to finalize a two-lot land division for the May Property located at the northwest corner of Durham Drive and Priegel Drive subject to the conditions outlined in Resolution #P.C. 021-2021. BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required by the Land Division Ordinance, any special assessments which may be due, payment of any unpaid taxes, and approval of the City Engineer. BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be submitted to the City. DATED THIS 27th DAY APRIL 2021. SPONSORED BY: Ald. Kevin Kubacki This is to certify that this is a true and accurate copy of Resolution #039-2021, which was adopted by the Common Council of the City of Muskego. ________________________________ Deputy Clerk 4/2021jmb 28 29 30 31 32 City of Muskego Plan Commission Supplement PC 021-2021 For the meeting of: April 7, 2021 REQUEST: Two (2) Lot Land Division – Certified Survey Map NW corner of Durham Drive and Priegel Drive / Tax Key Nos. 2211.996.002 and 2211.997. SE ¼ & SW ¼ of Section 24 PETITIONER: Mike Kaerek of Kaerek Homes, Inc. INTRODUCED: April 7, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 021-2021 The petitioner is proposing to take two parcels and create two new parcels to accommodate a new development by Certified Survey Map (CSM). The proposed lots range from approximately 22.67 acres to 45.50 acres in size. The property is located at the northwest corner of Durham Drive and Priegel Drive. PLAN CONSISTENCY PC 021-2021 Comprehensive Plan: The 2020 Plan depicts the areas for low density residential uses. The proposal is consistent with the plan. Zoning: The property is zoned RC-2 – Country Residence District and SW Shoreland-Wetland District. The RC-2 zoning requires minimum lot sizes of 60,000 SF and an average lot width of 175’. The petitioner is seeking a rezoning of Lot 1 that will be before the Plan Commission in May. The proposal is consistent with the Code. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property. An existing trail is located along the east side of Durham Drive and the 2017-2021 Plan indicates a distant priority trail located along the western side of the property adjacent to the wetland features. T he western portion of the property near Big Muskego Lake is considered high priority conservation areas. Most of high priority conservation areas are protected as wetlands already. These items will be looked at further as part of the platting of this property. Street System Plan: All required right-of-way has been dedicated previously along Durham Drive and the needed right-of-way will be dedicated along Priegel Drive. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lots will be served by municipal sanitary sewer. The proposal is consistent with the plan. 33 Water Capacity Assessment District: The lots will be served by municipal water. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department will review a grading plan with any future development of this property. DISCUSSION PC 021-2021 Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM can be signed by the City and recorded. Lot 1 of the CSM will be subject to a future rezoning and plat submittal and discussion. However, due to the submittal timing and legal deadlines for posting the rezoning pet ition, those reviews will be on the May Plan Commission agenda. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 021-2021 Approval of Resolution PC 021-2021 34 RESOLUTION #P.C. 021-2021 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE MAY PROPERTY FOR MIKE KAEREK OF KAEREK HOMES, INC. LOCATED AT THE NW CORNER OF DURHAM DRIVE AND PRIEGEL DRIVE / TAX KEY NOS. 211.996.002 AND 2211.997 WHEREAS, A Certified Survey Map (CSM) was submitted by Mike Kaerek of Kaerek Homes, Inc. for a two (2) lot land division located at the northwest corner of Durham Drive and Priegel Drive / Tax Key Nos. 2211.996.002 and 2211.997, and WHEREAS, The proposed lots are approximately 22.67 acres and 45.50 acres in size, and WHEREAS, The property is zoned RC-2 Country Residence District and requires minimum lot sizes of 60,000 SF with a minimum average width of 175 feet per lot and the western wetland areas are zoned SW Shoreland Wetland District, and WHEREAS, The petitioner is seeking a separate rezoning for Lot 1 that will be before the Plan Commission in May, and WHEREAS, The 2020 Comprehensive Plan depicts the area for low density residential uses and the proposed land division is consistent with the plan, and WHEREAS, All lots will eventually be served by municipal sewer and water, and WHEREAS, Lot 1 of the CSM will be subject to a future rezoning and plat submittal and discussion. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Mike Kaerek for a two (2) lot land division located at the northwest corner of Durham Drive and Priegel Drive / Tax Key Nos. 2211.996.002 and 2211.997, subject to technical corrections as identified by the City, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: April 7, 2021 Defeated: Deferred: Introduced: April 7, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 35 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #040-2021 DECLARING CERTAIN WEEDS TO BE NOXIOUS IN THE CITY OF MUSKEGO WHEREAS, Section 66.0407 of the Wisconsin Statutes sets forth certain weeds to be declared noxious; and WHEREAS, Section 66.0407 provides that the Common Council, by resolution, may declare other weeds noxious. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego pursuant to Section 66.0407 of the Wisconsin Statutes does hereby declare that the following weeds be termed noxious weeds within the boundaries of the City of Muskego, Waukesha County, Wisconsin: Bull Thistle Marijuana Canada Thistle Multiflora Rose Cockleburr Nodding Thistle Common Reed Grass Perennial Sow Thistle Cutleaf Teasel Purple Loosestrife English Charlock Ragweed Field Bindweed White Cockle Garlic Mustard Wild Mustard Goatbeard Wild Parsnip Indian Mustard Wild Radish Leafy Spurge Yellow Rocket DATED THIS 27th DAY OF APRIL 2021. CITY OF MUSKEGO Mayor Rick Petfalski This is to certify that this is a true and accurate copy of Resolution #040-2021, which was adopted by the Common Council of the City of Muskego. _________________________ Deputy Clerk 4/21cmc 36 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #041-2021 APPOINTMENT OF WEED COMMISSIONER FOR THE CITY OF MUSKEGO WHEREAS, It is the responsibility of the Mayor to appoint the Weed Commissioner for the City of Muskego. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve of the following person to serve as Weed Commissioner for the City of Muskego: Ryan Beilfuss Term to expire May 1, 2022 DATED THIS 27th DAY OF APRIL 2021. CITY OF MUSKEGO Mayor Rick Petfalski This is to certify that this is a true and accurate copy of Resolution #041-2021, which was adopted by the Common Council of the City of Muskego. _________________________ Deputy Clerk 4/21cmc 37 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #042-2021 ACCEPTANCE OF OFFER TO PURCHASE FROM SYLWIA G. ENERSON FOR CITY-OWNED PROPERTY ON WOODS ROAD WHEREAS, In the fall of 2020, Ms. Sylwia G. Enerson contacted the City about purchasing a portion of City-owned land (0.6726 acres) that is adjacent to her existing property located on Woods Road to allow her to potentially request a land division as she did not have the required amount of frontage needed to subdivide her land into two lots; and WHEREAS, The Tax Key Number for the City-owned property is MSKC 2227.989.012, which is listed as a conservation area; that the total lot is 160,934 square feet (3.69 acres) in area; and WHEREAS, The property is listed as a conservation area due to the fact that it was a former road right-of-way that was never utilized and once vacated, ownership remained with the City; that due to the amount of wetland on site and the location and size of the property, there is very limited use as to what can occur with/on the property; and WHEREAS, The City received a similar request in 2012 for a different portion of this same City-owned property to accommodate a former adjacent land owner so a land division could occur; that the request was approved by the Common Council and the City sold 0.19 acres in area at that time; Ms. Enerson’s request is very similar in nature; and WHEREAS, In October of 2020, the City Parks and Conservation Committee reviewed Ms. Enerson’s request and was receptive to selling her the remnant conservation land as referenced herein; and WHEREAS, The City proceeded to obtain an appraisal; the appraisal reflected a value of $100,000.00; this value included some assumptions that currently do not pertain to the property, which are: The property being rezoned from A-1 to RS-2 and the 2020 Comprehensive Land Use Plan being amended from Conservation/Low Density Residential to Medium Density Residential. The extensions of municipal water and municipal sanitary sewer; and WHEREAS, Following receipt and review of the appraisal, including the assumptions contained within it, Ms. Enerson provided to the City a WB-13 Vacant Land Offer to Purchase the 0.6726 acres of City-owned conservation land for $65,000.00; that the City would retain ownership of the remaining conservation land after the CSM gets recorded; and WHEREAS, The Finance Committee has reviewed the Offer to Purchase submitted by Ms. Enerson and recommends that the Common Council approve and accept it. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the 38 Offer to Purchase submitted by Ms Enerson for the sale of 0.6726 acres of City-owned land for $65,000.00 subject to the provisions and contingencies contained in the Offer. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to accept and execute the Offer to Purchase and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof; that the City Attorney is further authorized to complete all documents for the Mayor to sign to effectuate the Closing of the transaction, DATED THIS 27th OF APRIL, 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #042-2021 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 4/21jmb 39 Approved by the Wisconsin Real Estate Examining Board 1/1/2021 (Optional Use Date) 2/1/2021 (Mandatory Use Date)Page 1 of 12, WB-13 WB-13 VACANT LAND OFFER TO PURCHASE 1 LICENSEE DRAFTING THIS OFFER ON [DATE] IS (AGENT OF BUYER) 2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE 3 The Buyer, 4 offers to purchase the Property known as 5 6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 650-664, or 7 attach as an addendum per line 686] in the of , 8 County of Wisconsin, on the following terms: 9 The purchase price isPURCHASE PRICE 10 Dollars ($ ). 11 Included in purchase price is the Property, all Fixtures on the Property as of the dateINCLUDED IN PURCHASE PRICE 12 stated on line 1 of this Offer (unless excluded at lines 17-18), and the following additional items: 13 14 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included 15 or not included. Annual crops are not part of the purchase price unless otherwise agreed. 16 Not included in purchase price is Seller’s personal property (unless included atNOT INCLUDED IN PURCHASE PRICE lines 12-13) and the following:17 18 19 CAUTION: Identify Fixtures that are on the Property (see lines 21-25) to be excluded by Seller or that are rented and will continue to be owned by the lessor.20 21 “Fixture” is defined as an item of property which is physically attached to or so closely associated with land so as to be 22 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage 23 to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but not 24 limited to, all: perennial crops, garden bulbs; plants; shrubs and trees; fences; storage buildings on permanent foundations 25 and docks/piers on permanent foundations. 26 CAUTION: Exclude any Fixtures to be retained by Seller or that are rented on lines 17-18 or at lines 650-664 or in 27 an addendum per line 686. 28 This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to BuyerBINDING ACCEPTANCE .29 on or before 30 Seller may keep the Property on the market and accept secondary offers after binding acceptance of this Offer. 31 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer. 32 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical 33 copies of the Offer. 34 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term 35 Deadlines running from acceptance provide adequate time for both binding acceptance and performance. 36 CLOSING This transaction is to be closed on 37 38 at the place selected by Seller, unless otherwise agreed by the Parties in writing. If the date for closing falls on a Saturday, 39 Sunday, or a federal or a state holiday, the closing date shall be the next Business Day. 40 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently 41 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real 42 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money 43 transfer instructions. 44 EARNEST MONEY 45 EARNEST MONEY of $ accompanies this Offer. 46 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledged. 47 EARNEST MONEY of $ will be mailed, or commercially, electronically 48 or personally delivered within days (“5” if left blank) after acceptance. 49 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as 50 ) STRIKE THOSE NOT APPLICABLE 51 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller). 52 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an 53 attorney as lines 56-76 do not apply. If someone other than Buyer pays earnest money, consider a special 54 disbursement agreement. 55 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing. Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Realty Executives Integrity-Brookfield April 2, 2021 Sylwia G Enerson Woods Rd city lot, .6726 acres of tax key no. 2227.989.012, city Muskego Waukesha Sixty-Five Thousand 65,000.00 n/a n/a April 30, 2021 a future date mutually agreed to by all parties. Realty Executives Integrity-Brookfield, 13005 W. Bluemound Rd. Brookfield WI 53005 262-783-7080 262-783-4885 Woods Rd Monica Duerwachter Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 40127 Property Address:Page 2 of 12, WB-13 56 DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the 57 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository 58 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall 59 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according 60 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been 61 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the 62 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller; 63 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4) 64 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain 65 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the 66 earnest money any costs and reasonable attorneys’ fees, not to exceed $250, prior to disbursement. 67 LEGAL RIGHTS/ACTION: The Firm’s disbursement of earnest money does not determine the legal rights of the Parties 68 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest 69 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party 70 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified 71 mail. If Buyer or Seller disagrees with the Firm’s proposed disbursement, a lawsuit may be filed to obtain a court order 72 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of 73 residential property with one-to-four dwelling units. Buyer and Seller should consider consulting attorneys regarding their 74 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional75 Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18.76 TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3)77 occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in78 this Offer except:79 . If “Time is of the Essence” applies to a date or Deadline,80 failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date81 or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs.82 83 VACANT LAND DISCLOSURE REPORT Wisconsin law requires owners of real property that does not include any 84 buildings to provide Buyers with a Vacant Land Disclosure Report. Excluded from this requirement are sales exempt from 85 the real estate transfer fee and sales by certain court-appointed fiduciaries, for example, personal representatives, who 86 have never occupied the Property. The form of the Report is found in Wis. Stat. § 709.033. The law provides: "§ 709.02 87 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale . . ., to 88 the prospective buyer of the property a completed copy of the report . . . A prospective buyer who does not receive a report 89 within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale . . . by 90 delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if 91 a Vacant Land Disclosure Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is 92 submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding 93 rescission rights. 94 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has 95 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 101-181) other than those identified in 96 Seller's Vacant Land Disclosure Report dated , which was received by Buyer prior to Buyer signing this Offer and that is made a part of this Offer by reference97 COMPLETE DATE OR STRIKE AS APPLICABLE and98 99 100 INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE REPORT 101 “Conditions Affecting the Property or Transaction” are defined to include: 102 a. Flooding, standing water, drainage problems, or other water problems on or affecting the Property. b. Impact fees or another condition or occurrence that would significantly increase development costs or reduce the value103 104 of the property to a reasonable person with knowledge of the nature and scope of the condition or occurrence. c. Brownfields (abandoned, idled, or underused land that may be subject to environmental contamination) or other105 106 contaminated land on the property, or that contaminated soils on the property have been cleaned up under the Petroleum 107 Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial or cleanup program, the DATCP Agricultural Chemical Cleanup Program, or other similar program.108 d. Subsoil conditions that would significantly increase the cost of development, including, but not limited to, subsurface109 foundations or waste material; any type of fill; dumpsites where pesticides, herbicides, fertilizer, or other toxic or hazardous110 111 materials or containers for these materials were disposed of in violation of manufacturer or government guidelines or other laws regulating such disposal; high groundwater; adverse soil conditions, such as low load-bearing capacity, earth or soil112 movement, settling, upheavals, or slides; excessive rocks or rock formations; or other soil problems.113 e. Material violation of an environmental rule or other rule or agreement regulating the use of the Property.114 f. Defects caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in115 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 41128 Property Address:Page 3 of 12, WB-13 116 soil, or other potentially hazardous or toxic substances on the Property; manufacture of methamphetamine or other 117 hazardous or toxic substances on the Property; or high voltage electric (100 KV or greater) or steel natural gas transmission 118 lines located on but not directly serving the Property. 119 g. Defects caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic 120 substances on neighboring properties. h. The Property is served by a joint well; Defects related to a joint well serving the Property; or Defects in a well on the121 Property or in a well that serves the Property, including unsafe well water due to contaminants such as coliform, nitrates, or122 atrazine, or any out-of-service wells or cisterns that are required to be abandoned (see § NR 812.26, Wis. Adm. Code) but123 that are not closed or abandoned according to applicable regulations.124 i. Defects in any septic system or other private sanitary disposal system on the Property; or any out-of-service septic125 system serving the Property not closed or abandoned according to applicable regulations. j. Underground or aboveground fuel storage tanks presently or previously on the Property for storage of flammable or127 combustible liquids including, but not limited to, gasoline or heating oil; or Defects in the underground or aboveground fuel128 storage tanks on or previously located on the Property. Defects in underground or aboveground fuel storage tanks may129 include items such as abandoned tanks not closed in conformance with applicable local, state, and federal law; leaking;130 corrosion; or failure to meet operating standards. (The owner, by law, may have to register the tanks with the Department131 of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, Wisconsin, 53708, whether the tanks are in use132 or not. Department regulations may require closure or removal of unused tanks.)133 k. Existing or abandoned manure storage facilities located on the property.134 l. Notice of property tax increases, other than normal annual increases, or pending Property tax reassessment;135 remodeling that may increase the Property's assessed value; pending special assessments; or Property is within a special136 purpose district, such as a drainage district, that has authority to impose assessments on the Property.137 m. Proposed, planned, or commenced public improvements or public construction projects that may result in special138 assessments or that may otherwise materially affect the Property or the present use of the Property; or any land division139 involving the Property without required state or local permits.140 n. The Property is part of or subject to a subdivision homeowners’ association; or the Property is not a condominium unit141 142 and there are common areas associated with the Property that are co-owned with others. 143 o. Any zoning code violations with respect to the Property; the Property or any portion thereof is located in a floodplain, wetland or shoreland zoning area under local, state or federal regulations; or the Property is subject to a mitigation plan144 required by Wisconsin Department of Natural Resources (DNR) rules related to county shoreland zoning ordinances, that145 146 obligates the Property owner to establish or maintain certain measures related to shoreland conditions, enforceable by the 147 county. 148 p. Nonconforming uses of the Property (a nonconforming use is a use of land that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance); conservation149 easements (a conservation easement is a legal agreement in which a property owner conveys some of the rights associated150 with ownership of his or her property to an easement holder such as a governmental unit or a qualified nonprofit organization151 to protect the natural habitat of fish, wildlife, or plants or a similar ecosystem, preserve areas for outdoor recreation or152 education, or for similar purposes); restrictive covenants or deed restrictions on the Property; or, other than public rights-of-153 way, nonowners having rights to use part of the Property, including, but not limited to, private rights-of-way and easements154 other than recorded utility easements.155 156 q. All or part of the Property has been assessed as agricultural land; has been assessed a use-value assessment 157 conversion charge; or payment of a use-value assessment conversion charge has been deferred. r. All or part of the Property is subject to, enrolled in, or in violation of a farmland preservation agreement, Forest Crop158 Law, Managed Forest Law, the Conservation Reserve Program, or a comparable program.159 160 s. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will be transferred with the Property because the dam is owned collectively by a homeowners’ association, lake district, or161 162 similar group of which the Property owner is a member. 163 t. No legal access to the Property; or boundary or lot line disputes, encroachments or encumbrances (including a joint 164 driveway) affecting the Property. Encroachments often involve some type of physical object belonging to one person but 165 partially located on or overlapping on land belonging to another; such as, without limitation, fences, houses, garages, 166 driveways, gardens, and landscaping. Encumbrances include, without limitation, a right or claim of another to a portion of the Property or to the use of the Property such as a joint driveway, liens, and licenses.167 168 u. Government agency, court order, or federal, state, or local regulations requiring repair, alteration or correction of an 169 existing condition. 170 v. A pier attached to the Property not in compliance with state or local pier regulations; a written agreement affecting 171 riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric operator. 172 w. Material damage from fire, wind, flood, earthquake, expansive soil, erosion, or landslide. 173 x. Significant odor, noise, water diversion, water intrusion, or other irritants emanating from neighboring property. 174 y. Significant crop damage from disease, insects, soil contamination, wildlife, or other causes; diseased or dying trees or 175 shrubs; or substantial injuries or disease in livestock on the Property or neighboring property. z. Animal, reptile, or other insect infestations; drainage easement or grading problems; excessive sliding; or any other176 177 Defect or material condition. Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 42129 Property Address:Page 4 of 12, WB-13 aa. Archeological artifacts, mineral rights, orchards, or endangered species, or one or more burial sites on the Property.178 179 Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f).bb. cc. Other Defects affecting the Property such as any agreements that bind subsequent owners of the property, such as a180 lease agreement or an extension of credit from an electric cooperative.181 182 GOVERNMENT PROGRAMS:Seller shall deliver to Buyer, within days (“15” if left blank) after acceptance of this Offer, a list of all federal, state, county, and local conservation, farmland, environmental, or other land use programs,183 184 agreements, restrictions, or conservation easements, which apply to any part of the Property (e.g., farmland preservation agreements, farmland preservation or exclusive agricultural zoning, use value assessments, Forest Crop, Managed Forest,185 Conservation Reserve Program, wetland mitigation, shoreland zoning mitigation plan or comparable programs), along with186 187 disclosure of any penalties, fees, withdrawal charges, or payback obligations pending, or currently deferred, if any. This contingency will be deemed satisfied unless Buyer delivers to Seller, within 7 days after the deadline for delivery, a notice188 189 terminating this Offer based upon the use restrictions, program requirements, and/or amount of any penalty, fee, charge, or 190 payback obligation. CAUTION: If Buyer does not terminate this Offer, Buyer is hereby agreeing that Buyer will continue in such191 programs, as may apply, and Buyer agrees to reimburse Seller should Buyer fail to continue any such program192 such that Seller incurs any costs, penalties, damages, or fees that are imposed because the program is not193 194 continued after sale. The Parties agree this provision survives closing. 195 MANAGED FOREST LAND:If all, or part, of the Property is managed forest land under the Managed Forest Law (MFL) program, this designation will continue after closing. Buyer is advised as follows: The MFL is a landowner incentive196 197 program that encourages sustainable forestry on private woodlands by reducing and deferring property taxes. Orders 198 designating lands as managed forest lands remain in effect for 25 or 50 years. When ownership of land enrolled in the MFL program changes, the new owner must sign and file a report of the change of ownership on a form provided by the199 200 Department of Natural Resources and pay a fee. By filing this form, the new owner agrees to the associated MFL management plan and the MFL program rules. The DNR Division of Forestry monitors forest management plan201 202 compliance. Changes a landowner makes to property that is subject to an order designating it as managed forest land, or to its use, may jeopardize benefits under the program or may cause the property to be withdrawn from the program203 and may result in the assessment of penalties. For more information call the local DNR forester or visit204 https://dnr.wisconsin.gov/topic/forestry .205 USE VALUE ASSESSMENTS:The use value assessment system values agricultural land based on the income that206 207 would be generated from its rental for agricultural use rather than its fair market value. When a person converts agricultural 208 land to a non-agricultural use (e.g., residential or commercial development), that person may owe a conversion charge. To obtain more information about the use value law or conversion charge, contact the Wisconsin Department of Revenue's209 210 Equalization Bureau or visit http://www.revenue.wi.gov/. 211 FARMLAND PRESERVATION:The early termination of a farmland preservation agreement or removal of land from such 212 an agreement can trigger payment of a conversion fee equal to 3 times the per acre value of the land. Contact the 213 Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management or visit http://www.datcp.state.wi.us/for more information.214 215 CONSERVATION RESERVE PROGRAM (CRP):The CRP encourages farmers, through contracts with the U.S. Department of Agriculture, to stop growing crops on highly erodible or environmentally sensitive land and instead to plant216 217 a protective cover of grass or trees. CRP contracts run for 10 to 15 years, and owners receive an annual rent as well as 218 certain incentive payments and cost share assistance for establishing long-term, resource-conserving ground cover. Removing lands from the CRP in breach of a contract can be quite costly. For more information call the state Farm Service219 Agency office or visit http://www.fsa.usda.gov/220 .SHORELAND ZONING ORDINANCES:All counties must adopt uniform shoreland zoning ordinances in compliance with221 Wis. Admin. Code Chapter NR 115. County shoreland zoning ordinances apply to all unincorporated land within 1,000222 223 feet of a navigable lake, pond or flowage or within 300 feet of a navigable river or stream and establish minimum standards for building setbacks and height limits, cutting trees and shrubs, lot sizes, water runoff, impervious surface standards (that224 may be exceeded if a mitigation plan is adopted and recorded) and repairs to nonconforming structures. Buyers must225 conform to any existing mitigation plans. For more information call the county zoning office or visit https://dnr.wi.gov/.226 Buyer is advised to check with the applicable city, town or village for additional shoreland zoning or shoreland-wetland227 228 zoning restrictions, if any. FENCES:Wis. Stat. § 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares229 230 where one or both of the properties is used and occupied for farming or grazing purposes. 231 CAUTION: Consider an agreement addressing responsibility for fences if Property or adjoining land is used and occupied for farming or grazing purposes.232 233 PROPERTY DEVELOPMENT WARNING:If Buyer contemplates developing Property for a use other than the current use, 234 there are a variety of issues that should be addressed to ensure the development or new use is feasible. Buyer is solely responsible to verify the current zoning allows for the proposed use of the Property at lines 251-255. Municipal and zoning235 236 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses and therefore should be reviewed. Building permits, zoning or zoning variances, Architectural Control Committee approvals,237 estimates for utility hook-up expenses, special assessments, changes for installation of roads or utilities, environmental238 239 audits, subsoil tests, or other development related fees may need to be obtained or verified in order to determine the 240 feasibility of development of, or a particular use for, a property. Optional contingencies that allow Buyer to investigate certain of these issues can be found at lines 244-304 and Buyer may add contingencies as needed in addenda (see line 686).241 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 43130 Property Address:Page 5 of 12, WB-13 242 Buyer should review any plans for development or use changes to determine what issues should be addressed in these 243 contingencies. 244 PROPOSED USE CONTINGENCIES:This Offer is contingent upon Buyer obtaining, at Buyer’s expense, the reports or 245 documentation required by any optional provisions checked on lines 256-281 below. The optional provisions checked on lines 256-281 shall be deemed satisfied unless Buyer, within days (“30” if left blank) after acceptance, delivers: (1)246 written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence247 248 substantiating why each specific provision referred to in Buyer’s notice cannot be satisfied. Upon delivery of Buyer’s notice, 249 this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions 250 checked at lines 256-281. Proposed Use:Buyer is purchasing the Property for the purpose of:251 252 253 [insert proposed use 254 and type or style of building(s), size and proposed building location(s), if a requirement of Buyer’s condition to purchase, e.g.1400-1600 sq. ft. three-bedroom single family ranch home in northwest corner of lot].255 ZONING:Verification of zoning and that the Property’s zoning allows Buyer’s proposed use described at lines256 251-255.257 SUBSOILS:Written evidence from a qualified soils expert that the Property is free of any subsoil condition that258 would make the proposed use described at lines 251-255 impossible or significantly increase the costs of such259 development.260 PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) SUITABILITY:Written evidence from a261 certified soils tester that: (a) the soils at the Property locations selected by Buyer, and (b) all other conditions that must262 be approved, meet the legal requirements in effect on the date of this Offer to obtain a permit for a POWTS for use of263 the Property as stated on lines 251-255. The POWTS (septic system) allowed by the written evidence must be one of264 the following POWTS that is approved by the State for use with the type of property identified at lines 251-255 CHECK265 ALL THAT APPLY conventional in-ground; mound; at grade; in-ground pressure distribution; holding266 tank; other:.267 EASEMENTS AND RESTRICTIONS:Copies of all public and private easements, covenants and restrictions268 affecting the Property and a written determination by a qualified independent third party that none of these prohibit or269significantly delay or increase the costs of the proposed use or development identified at lines 251-255.270 APPROVALS/PERMITS:Permits, approvals and licenses, as appropriate, or the final discretionary action by the271granting authority prior to the issuance of such permits or building permit, approvals and licenses, for the following items272 related to Buyer’s proposed use:273 274 .275 UTILITIES:Written verification of the location of the following utility service connections (e.g., on the Property, at the lot line, across the street, etc.) CHECK AND COMPLETE AS APPLICABLE :276 277 electricity ;gas ; sewer ; 278 water ; telephone ; cable ; 279 other . 280 ACCESS TO PROPERTY:Written verification that there is legal vehicular access to the Property from public 281 roads. 282 LAND USE APPROVAL/PERMITS:This Offer is contingent upon (Buyer)(Seller) STRIKE ONE (“Buyer” if neither stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY rezoning; conditional use permit;283 284 variance; other for the Property for its proposed use described at lines 251-255. 285 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void.286 MAP OF THE PROPERTY:This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE (“Seller287 providing” if neither is stricken) a Map of the Property dated subsequent to the date of acceptance of this Offer prepared by288 289 STRIKE ONEa registered land surveyor, within days (“30” if left blank) after acceptance, at (Buyer's) (Seller's) 290 (“Seller’s” if neither is stricken) expense. The map shall show minimum of acres, maximum of 291 acres, the legal description of the Property, the Property's boundaries and dimensions, visible encroachments upon the Property, the location of improvements, if any, and:292 293 STRIKE AND COMPLETE AS APPLICABLE Additional map features that may294 295 be added include but are not limited to: staking of all corners of the Property; identifying dedicated and apparent streets; lot 296 dimensions; total acreage or square footage; easements or rights-of-way. 297 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required 298 to obtain the map when setting the deadline. This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers299 to Seller a copy of the map and a written notice which identifies: (1) the significant encroachment; (2) information materially300 inconsistent with prior representations; or (3) failure to meet requirements stated within this contingency. Upon delivery of301 302 Buyer’s notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a n/a n/a n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 44131 Property Address:Page 6 of 12, WB-13 303 provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written 304 notice of termination to Seller prior to Buyer’s Actual Receipt of said map from Seller. INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a305 306 part of this Offer. An “inspection” is defined as an observation of the Property, which does not include an appraisal or testing 307 of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel 308 source, which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air or 309 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer’s 310 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the 311 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise 312 provided, Seller’s authorization for inspections does not authorize Buyer to conduct testing of the Property. 313 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of 314 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any 315 other material terms of the contingency. 316 Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed 317 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to 318 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution that may be required to be 319 reported to the Wisconsin Department of Natural Resources. 320 INSPECTION CONTINGENCY:This contingency only authorizes inspections, not testing (see lines 305-319). 321 (1) This Offer is contingent upon a qualified independent inspector conducting an inspection of the Property after the date 322 on line 1 of this Offer that discloses no Defects. 323 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an 324 inspection of 325 (list any Property component(s) 326 to be separately inspected, e.g., dumpsite, timber quality, invasive species, etc.) that discloses no Defects. 327 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection, provided 328 they occur prior to the Deadline specified at line 333. Inspection(s) shall be performed by a qualified independent 329 inspector or independent qualified third party. 330 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s). 331 CAUTION: Buyer should provide sufficient time for the Property inspection and/or any specialized inspection(s), 332 as well as any follow-up inspection(s). 333 This contingency shall be deemed satisfied unless Buyer, within days (“15” if left blank) after acceptance, delivers 334 to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the 335 Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects). 336 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement. 337 For the purposes of this contingency, Defects do not include structural, mechanical or other conditions the nature and extent 338 of which Buyer had actual knowledge or written notice before signing this Offer. 339 NOTE: “Defect” as defined on lines 553-555 means a condition that would have a significant adverse effect on the 340 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or 341 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life 342 of the premises. 343 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure the Defects. 344 If Seller has the right to cure, Seller may satisfy this contingency by: 345 (“10” if left blank) days after Buyer's delivery of the Notice of Defects(1) delivering written notice to Buyer within 346 stating Seller’s election to cure Defects; 347 (2) curing the Defects in a good and workmanlike manner; and 348 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing. 349 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and: 350 (1) Seller does not have the right to cure; or 351 (2) Seller has the right to cure but: 352 (a) Seller delivers written notice that Seller will not cure; or 353 (b) Seller does not timely deliver the written notice of election to cure. 354 IF LINE 355 IS NOT MARKED OR IS MARKED N/A LINES 403-414 APPLY. 355 FINANCING COMMITMENT CONTINGENCY:This Offer is contingent upon Buyer being able to obtain a written 356 [loan type or specific lender, if any] first mortgage loan commitment as described 357 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than $ 358 for a term of not less than years, amortized over not less than years. Initial monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender’s359 required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance360 premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees361 to pay discount points in an amount not to exceed % (“0” if left blank) of the loan. If Buyer is using multiple loan362 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 45132 Property Address:Page 7 of 12, WB-13 sources or obtaining a construction loan or land contract financing, describe at lines 650-664 or in an addendum attached363 364 per line 686. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow365 lender’s appraiser access to the Property.366 367 LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments368 shall be adjusted as necessary to maintain the term and amortization stated above.369 CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 371 or 372.370 371 %.FIXED RATE FINANCING:The annual rate of interest shall not exceed 372 ADJUSTABLE RATE FINANCING:The initial interest rate shall not exceed %. The initial interest rate 373 shall be fixed for months, at which time the interest rate may be increased not more than % (“2” if 374 left blank) at the first adjustment and by not more than % (“1” if left blank) at each subsequent adjustment. 375 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % (“6” if left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes.376 377 SATISFACTION OF FINANCING COMMITMENT CONTINGENCY: If Buyer qualifies for the loan described in this Offer 378 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitment. 379 This contingency shall be satisfied if, after Buyer’s review, Buyer delivers to Seller a copy of a written loan commitment 380 (even if subject to conditions) that is: (1) signed by Buyer; or381 (2) accompanied by Buyer’s written direction for delivery.382 383 Delivery of a loan commitment by Buyer’s lender or delivery accompanied by a notice of unacceptability shall not satisfy 384 this contingency. 385 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to 386 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commitment Contingency from the Offer and shifts the risk to Buyer if the loan is not funded.387 SELLER TERMINATION RIGHTS: If Buyer does not deliver a loan commitment on or before the Deadline on line 357.388 389 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of 390 written loan commitment from Buyer. 391 FINANCING COMMITMENT UNAVAILABILITY: If a financing commitment is not available on the terms stated in this Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer shall392 promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of393 394 unavailability. 395 SELLER FINANCING:Seller shall have 10 days after the earlier of: (1) Buyer delivery of written notice of evidence of unavailability as noted in lines 391-394: or396 (2) the Deadline for delivery of the loan commitment on line 357,397 to deliver to Buyer written notice of Seller's decision to (finance this transaction with a note and mortgage under the same398 399 terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly. If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to400 401 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit worthiness for Seller financing.402 IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (“7” if left blank) after403 acceptance, Buyer shall deliver to Seller either:404 (1) reasonable written verification from a financial institution or third party in control of Buyer’s funds that Buyer has, at405 406 the time of verification, sufficient funds to close; or 407 (2) 408 [Specify documentation Buyer agrees to deliver to Seller]. 409 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written notice to Buyer prior to Seller’s Actual Receipt of a copy of Buyer’s written verification. Buyer may or may not obtain410 mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer’s411 appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not subject412 to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of413 access for an appraisal constitute a financing commitment contingency.414 APPRAISAL CONTINGENCY:This Offer is contingent upon Buyer or Buyer’s lender having the Property appraised415 at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated416 subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than417 the agreed upon purchase price.418 This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a copy419 of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting420 to the appraised value.421 422 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure. 423 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase price to the value shown on the appraisal report within days (“5” if left blank) after Buyer’s delivery of the appraisal424 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 46133 Property Address:Page 8 of 12, WB-13 report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated425 426 by either party after delivery of Seller’s notice, solely to reflect the adjusted purchase price. 427 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written 428 appraisal report and: 429 (1) Seller does not have the right to cure; or 430 (2) Seller has the right to cure but: 431 (a) Seller delivers written notice that Seller will not adjust the purchase price; or 432 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the appraisal 433 report. 434 NOTE: An executed FHA, VA or USDA Amendatory clause may supersede this contingency. 435 CLOSING OF BUYER'S PROPERTY CONTINGENCY:This Offer is contingent upon the closing of the sale of Buyer’s property located at436 437 no later than (the Deadline). If closing does not occur by the Deadline, this Offer shall 438 become null and void unless Buyer delivers to Seller, on or before the Deadline, reasonable written verification from a 439 financial institution or third party in control of Buyer's funds that Buyer has, at the time of verification, sufficient funds to close 440 or proof of bridge loan financing, along with a written notice waiving this contingency. Delivery of verification or proof of 441 bridge loan shall not extend the closing date for this Offer. BUMP CLAUSE:If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer that another442 offer has been accepted. If Buyer does not deliver to Seller the documentation listed below within443 hours (“72” if 444 left blank) after Buyer's Actual Receipt of said notice, this Offer shall be null and void. Buyer must deliver the following: 445 (1) Written waiver of the Closing of Buyer's Property Contingency if line 435 is marked; 446 (2) Written waiver of 447 (name other contingencies, if any); and 448 (3) Any of the following checked below: 449 Proof of bridge loan financing. 450 Proof of ability to close from a financial institution or third party in control of Buyer’s funds which shall provide 451 Seller with reasonable written verification that Buyer has, at the time of verification, sufficient funds to close. 452 Other: 453 454 [insert other requirements, if any (e.g., payment of additional earnest money, etc.)] 455 SECONDARY OFFER:This Offer is secondary to a prior accepted offer. This Offer shall become primary upon 456 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer 457 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other 458 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to 459 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (“7” 460 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time this 461 Offer becomes primary. 462 HOMEOWNERS ASSOCIATION If this Property is subject to a homeowners association, Buyer is aware the Property may 463 be subject to periodic association fees after closing and one-time fees resulting from transfer of the Property. Any one-time 464 fees resulting from transfer of the Property shall be paid at closing by (Seller) (Buyer) STRIKE ONE (“Buyer” if neither is 465 stricken). 466 CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values: 467 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners 468 association assessments, fuel and . 469 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used. Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing.470 Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA :471 472 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate 473 taxes are defined as general property taxes after state tax credits and lottery credits are deducted.) NOTE: THIS CHOICE 474 APPLIES IF NO BOX IS CHECKED. 475 Current assessment times current mill rate (current means as of the date of closing). 476 Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior year, or current year if known, multiplied by current mill rate (current means as of the date of closing).477 .478 CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be479 substantially different than the amount used for proration especially in transactions involving new construction,480 extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local481 assessor regarding possible tax changes.482 Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on483 the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5484 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a n/a X Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 47134 Property Address:Page 9 of 12, WB-13 485 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall 486 re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction.487 488 TITLE EVIDENCE 489 CONVEYANCE OF TITLE:Upon payment of the purchase price, Seller shall convey the Property by warranty deed (trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as490 491 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements 492 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use 493 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s Vacant Land 494 Disclosure Report and in this Offer, general taxes levied in the year of closing and 495 (insert other allowable exceptions from title, if496 497 any) that constitutes merchantable title for purposes of this transaction. Seller, at Seller’s cost, shall complete and execute 498 the documents necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee. WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements499 500 may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates 501 making improvements to Property or a use other than the current use. 502 TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of 503 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer’s504 505 lender and recording the deed or other conveyance. 506 GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s) 507 STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded 508 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance 509 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or 510 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 516- 511 523). 512 DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney 513 or Buyer not more than days after acceptance (“15” if left blank), showing title to the Property as of a date no more 514 than 15 days before delivery of such title evidence to be merchantable per lines 489-498, subject only to liens which will be 515 paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate. 516 TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of 517 days (“15” if left blank) after delivery of the title commitment to Buyer or Buyer’s attorney. Inobjections to title within 518 such event, Seller shall have days (“15” if left blank) from Buyer’s delivery of the notice stating title objections, to 519 deliver notice to Buyer stating Seller’s election to remove the objections by the time set for closing. If Seller is unable to 520 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the 521 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, Buyer shall deliver 522 written notice of termination and this Offer shall be null and void. Providing title evidence acceptable for closing does not 523 extinguish Seller’s obligations to give merchantable title to Buyer. 524 SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced 525 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments 526 shall be paid by Buyer. “Levied” means the local municipal governing body has adopted and published a final resolution 527 describing the planned improvements and the assessment of benefits. 528 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special 529 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are 530 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments) 531 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all 532 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact 533 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f). LEASED PROPERTY534 If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights 535 under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the 536 (written) (oral) STRIKE ONE lease(s), if any, are 537 538 . Insert additional terms, if any, at lines 650-664 or attach as an addendum per line 686. 539 DEFINITIONS 540 ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document 541 or written notice physically in the Party’s possession, regardless of the method of delivery. If the document or written notice 542 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission. 543 BUSINESS DAY: “Business Day” means a calendar day other than Saturday, Sunday, any legal public holiday under 544 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 48135 Property Address:Page 10 of 12, WB-13 545 registered mail or make regular deliveries on that day. 546 DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the547 548 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of549 550 “hours” from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by 551 counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific 552 event, such as closing, expire at Midnight of that day. “Midnight” is defined as 11:59 p.m. Central Time. 553 DEFECT: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would 554 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the premises.555 FIRM: “Firm” means a licensed sole proprietor broker or a licensed broker business entity.556 557 PARTY: “Party” means the Buyer or the Seller; “Parties” refers to both the buyer and the Seller. 558 PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-8. 559 INCLUSION OF OPTIONAL PROVISIONS Terms of this Offer that are preceded by an OPEN BOX ( ) are part of 560 this offer ONLY if the box is marked such as with an “X”. They are not part of this offer if marked “N/A” or are left blank. PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land dimensions, or total acreage or square561 562 footage figures, provided to Buyer by Seller or by a Firm or its agents, may be approximate because of rounding, formulas 563 used or other reasons, unless verified by survey or other means. 564 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land 565 dimensions, if material. 566 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the567 568 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession 569 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession 570 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts, 571 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this 572 Offer to the seller or seller’s agent of another property that Seller intends on purchasing. 573 MAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier 574 of closing or Buyer’s occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for ordinary wear and tear.575 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING If, prior to closing, the Property is damaged in an576 577 amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer 578 in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of 579 this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than 580 closing. If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of 581 the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such 582 damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit 583 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed 584 by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring the Property.585 BUYER’S PRE-CLOSING WALK-THROUGH Within three days prior to closing, at a reasonable time pre-approved by586 587 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no significant change in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and588 that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties.589 OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in590 this Offer at lines 534-538 or in an addendum attached per line 686, or lines 650-664 if the Property is leased. At time of591 592 Buyer's occupancy, Property shall be free of all debris, refuse, and personal property except for personal property belonging to current tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any.593 594 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting595 party to liability for damages or other legal remedies.596 If Buyer defaults, Seller may:597 (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or598 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual599 damages.600 If Seller defaults, Buyer may:601 (1) sue for specific performance; or602 (2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.603 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 49136 Property Address:Page 11 of 12, WB-13 604 In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Party605 defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above.606 By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the607 608 arbitration agreement. 609 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL610 EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR611 OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT612 613 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED. 614 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller 615 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds and inures to the benefit of the Parties to this Offer and their successors in interest.616 NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons617 http://www.doc.wi.govregistered with the registry by contacting the Wisconsin Department of Corrections on the Internet at618 619 or by telephone at (608) 240-5830. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA)Section 1445 of the Internal Revenue Code (IRC)620 provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the621 622 total “Amount Realized” in the sale if the transferor (Seller) is a “Foreign Person” and no exception from FIRPTA withholding 623 applies. A “Foreign Person” is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign 624 estate. The “Amount Realized” is the sum of the cash paid, the fair market value of other property transferred, and the 625 amount of any liability assumed by Buyer. CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer626 may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed627 628 upon the Property. 629 Seller hereby represents that Seller is a non-Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a 630 condition report incorporated in this Offer per lines 94-97, or (2) no later than 10 days after acceptance, Seller delivers 631 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 637-639 apply. IF SELLER IS A NON-FOREIGN PERSON.Seller shall, no later than closing, execute and deliver to Buyer, or a qualified632 substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller’s633 634 non-foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller’s non-foreign status, 635 Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this 636 Offer and proceed under lines 601-608. 637 IF SELLER IS A FOREIGN PERSON.If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding638 639 amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision. 640 COMPLIANCE WITH FIRPTA.Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, 641 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC 642 §1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall 643 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms,644 645 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees. 646 Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed. 647 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption 648 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding FIRPTA.649 ADDITIONAL PROVISIONS/CONTINGENCIES650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , Line 37 to read: no later than June 25, 2021. Buyer may not sell this land in the future unless attached to current property. Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 50137 Property Address:Page 12 of 12, WB-13 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and665 written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines666 688-683.667 (1)Personal: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at668 line 670 or 671.669 Name of Seller's recipient for delivery, if any:670 Name of Buyer's recipient for delivery, if any:671 (2)Fax: fax transmission of the document or written notice to the following number:672 Seller: ( ) Buyer: ( )673 (3)Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a commercial674 delivery service, addressed either to the Party, or to the Party's recipient for delivery, for delivery to the Party's address at675 line 679 or 680.676 (4)U.S.Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the677 Party, or to the Party's recipient for delivery, for delivery to the Party's address.678 Address for Seller:679 Address for Buyer:680 (5)Email: electronically transmitting the document or written notice to the email address.681 Email Address for Seller:682 Email Address for Buyer:683 PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller684 constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers.685 ADDENDA:The attached is/are made part of this Offer.686 This Offer was drafted by [Licensee and Firm]687 688 (x)689 Buyer’s Signature Print Name Here Date690 (x)691 Buyer’s Signature Print Name Here Date692 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS693 OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE694 PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A695 696 COPY OF THIS OFFER. 697 (x) Seller’s Signature Print Name Here Date698 699 (x) Seller’s Signature Print Name Here Date700 701 This Offer was presented to Seller by [Licensee and Firm] on at a.m./p.m.702 703 This Offer is countered [See attached counter]This Offer is rejected704 Seller Initials Date Seller Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a n/a X monicaduerwachter@gmail.com Monica Duerwachter, Realty Executives Integrity Woods Rd Sylwia G Enerson April 2, 2021 Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 51138 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #043-2021 APPROVAL OF COBBLESTONE MEADOWS STORM WATER MANAGEMENT PRACTICE MAINTENANCE AGREEMENT WHEREAS, The attached Storm Water Management Practice Maintenance Agreement has been submitted by Cobblestone Meadows; and WHEREAS, Said Agreement is a requirement for the development per MMSD regulations and the City of Muskego Code of Ordinances; and WHEREAS, The Finance Committee has reviewed the Agreement and has recommended approval to the Common Council. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Cobblestone Meadows Storm Water Management Practice Maintenance Agreement. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Agreement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #043-2021, which was adopted by the Common Council of the City of Muskego. ____________________________ Deputy Clerk 4/21jmb 52 Page 1 of 5 Document Number Home Path Financial, L.P., as “Owner” of the property described below, in accordance with Chapter 13 MMSD and the City of Muskego Code of Ordinances agrees to install and maintain storm water management practice(s) on the subject property in accordance with approved plans and Storm Water Management Plan conditions. The owner further agrees to the terms stated in this document to ensure that the storm water management practice(s) continues serving the intended functions in perpetuity. This Agreement includes the following exhibits: Exhibit A: Legal Description of the real estate for which this Agreement applies (“Property”). Exhibit B: Location Map(s) – shows an accurate location of each storm water management practice affected by this Agreement. Exhibit C: Maintenance Plan – prescribes those activities that must be carried out to maintain compliance with this Agreement. Through this Agreement, the Owner hereby subjects the Property to the following covenants, conditions and restrictions: 1. The Owner shall be responsible for the routine and extraordinary maintenance and repair of the storm water management practice(s) identified in Exhibit B. 2. The Owner shall be solely responsible for maintenance and repair of the storm water management practices and drainage easements in accordance with the maintenance plan contained in Exhibit C. 3. Upon written notification by City of Muskego or their designee, the Owner shall, at their own cost and within a reasonable time period determined by the City of Muskego, have an inspection of the storm water management practice conducted by a qualified professional, file the professional’s inspection report with the City of Muskego which shall be subject to the City’s approval and complete any maintenance or repair work recommended in the report. The Owner shall be liable for the failure to undertake any maintenance or repairs. 4. In addition, and independent from the requirements of paragraph 3, above, the City, or its designee, is authorized to access the Property as necessary to conduct inspections of the storm water management practices or drainage easement to ascertain compliance with the intent of this Agreement and the activities described in Exhibit C and any applicable addenda that are subsequently recorded regarding this Agreement. The City may require work to be done which differs from the report described in paragraph 3, if the City reasonably concludes that such work is necessary or appropriate. 5. Upon notification by the City of Muskego of required maintenance or repairs, the Owner shall complete the specified maintenance or repairs within a reasonable time frame determined by the City of Muskego. 6. If the Owner does not complete an inspection under 3. above or required maintenance or repairs under 4. or 5. above within the specified time period, the City of Muskego is authorized, but not required, to perform the specified inspections, maintenance or repairs. In the case of an emergency situation, as determined by the City of Muskego, no notice shall be required prior to the City of Muskego performing emergency maintenance or repairs. The City of Muskego may levy the costs and expenses of such inspections, maintenance or repair related actions as a special charge against the Property and collected as such in accordance with the procedures under s. 66.0627 Wis. Stats. or subch. VII of ch. 66 Wis. Stats. 7. No changes or amendments to this Storm Water Management Practice Maintenance Agreement may be made without the written approval of the City of Muskego. The City of Muskego has the unilateral authority to update this Agreement based upon any physical modifications to the storm water management practices and drainage Cobblestone Meadows Storm Water Management Practice Maintenance Agreement Name and Return Address City of Muskego Community Development Department W182 S8200 Racine Avenue Muskego, WI 53150-0749 Tax Key No. MSKC __________ Parcel Identification Number(s) – (PIN) 53 Page 2 of 5 easements described herein, by recording an updated Exhibit B and/or an updated Exhibit C in the office of the Waukesha County Register of Deeds, and giving notice thereof to the Owner. 8. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns. Such heirs, successors and assigns shall be the “Owner” as used herein. Including but not limited to, the Home Owners Association of Cobblestone Meadows. Owner: ____________________________________________ By: By: STATE OF WISCONSIN ) ) ss. WAUKESHA COUNTY ) Personally came before me this _____ day of_____________________, the above named _____________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin My Commission expires _____________ City of Muskego: Mayor Richard Petfalski Jr. STATE OF WISCONSIN ) ) ss. WAUKESHA COUNTY ) Personally came before me this _____ day of ___________________________, the above named Richard Petfalski, Jr., to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin My Commission This document was drafted by: Attorney Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 54 Page 3 of 5 Exhibit A – Legal Description A division of Certified Survey Map No. 11325, all lying within and being part of the Northeast 1/4 of the Southeast 1/4 of Section 09, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin. Said lands are bounded and described as follows; Commencing at the Northeast corner of Certified Survey May No. 11325 and the Point of Beginning; thence continuing South 25°48'14” East, a distance of 231.50 feet along the west line of Certified Survey Map No. 2667, thence North 61°42'46” East, a distance of 135.00 feet along the south line of aforesaid CSM 2667, thence South 26°00'09” East a distance of 138.74 feet along the west line of Certified Survey Map No. 123, thence South 10°28'40” East, a distance of 222.14 feet along the east line of Lot 3 of aforesaid CSM 11325, thence South 01°33'15” East, a distance of 100.00 feet along the west line of Certified Survey Map No. 7170, then South 88°49'39" West, a distance of 5.00 feet along the north line of Certified Survey Map No. 4432, thence South 11°24'24” West a distance of 111.82 feet along the west line of aforesaid CSM 4432, thence South 88°49'39” West, a distance of 477.87 feet along the north line of Block 1 of St. Leonard's Subdivision, a recorded subdivision, to a point on the east line of Kristin Down, a recorded subdivision, thence North 02°16'55” West a distance of 480.98 feet along the east line of aforesaid Kristin Down subdivision to a point; thence North 76°58'38” East, a distance of 125.23 feet; thence North 11°54'46” West, a distance of 153.99 feet to a point on the South line of Janesville Road (C.T.H. "L"); thence northwesterly 120.05 feet along the south line of aforesaid Janesville Road and arc of a curve whose center lies to the north, whose radius is 3560.00 feet and whose chord bears North 66°40'11” East, a distance of 120.05 feet; thence South 25°45'14"East, a distance of 8.06 feet to the point of beginning. Said lands containing 276,090 square feet (6.338 gross acres) of land, more or less. Dedicating therefrom 37,815 square feet (0.868 acres) of land, more or less for public road purposes. 55 Page 4 of 5 Exhibit B – Location Map of Storm Water Pond 56 Page 5 of 5 Exhibit C Minimum Storm Water Practice Maintenance Requirements This exhibit explains the basic function of each of the storm water practices and prescribes the minimum maintenance requirements to remain compliant with this Plan. The maintenance activities listed below are aimed to ensure these practices continue serving their intended functions in perpetuity. The list of activities is not all- inclusive, but rather indicates the minimum type of maintenance that can be expected for this particular site. WET DETENTION BASINS System Description: The wet detention basins are designed to together remove at least 80% of the Total Suspended Solids (TSS) in the site runoff and to reduce pre-development downstream peak flows. Swales function to convey runoff to the basins, as well as filter pollutants, especially from smaller storms. To function correctly, the pond size, water level and outlet structures must be maintained as specified in this Plan. Minimum Maintenance Requirements: To ensure the proper function of the storm water management practices described above, the following activities must be completed: 1. All outlet structures and pipes must be checked monthly to ensure there is no blockage from floating debris or ice, especially the washed stone in front of the orifices and the trash rack on the risers in the main part of the basins. Any blockage must be removed immediately. The washed stone must be replaced when it becomes clogged. 2. Grass swales shall be preserved to allow free flowing of surface runoff in accordance with approved grading plans. No buildings or other structures are allowed in these areas. No grading or filling is allowed that may interrupt flows in any way. 3. Grass swales, inlets and outlets must be checked at least twice yearly (spring and fall) and after heavy rains for signs of erosion. Any eroding areas must be repaired immediately to prevent premature sediment build- up in the basin. Erosion matting is recommended for repairing grassed areas. 4. NO trees are to be planted or allowed to grow on the earthen berms. Tree root systems can reduce soil compaction and cause berm failure. The berms must be inspected annually and any woody vegetation removed. 5. If floating algae or weed growth becomes a nuisance (decay odors, etc.), it must be removed from the basin and deposited where it cannot drain back into the basin. Removal of the vegetation from the water reduces re-growth the following season (by harvesting the nutrients). Wetland vegetation must be maintained along the waters edge for safety and pollutant removal purposes. 6. The basins are to be cleaned once the average depth of the permanent pool is 3.5 ft. in accordance to WDNR Technical Standard 1001. All removed sediment must be placed in an appropriate upland disposal site and stabilized (grass cover) to prevent sediment from washing back into the basin. 7. No grading or filling of the basins or berms other than for sediment removal is allowed, unless otherwise approved by the City of Muskego. 8. To promote more effective infiltration, mowing in the drainage ways, detention basins, and wetland fringe areas should be minimized. If mowing is deemed necessary, the mowing heights should be no shorter than six (6) inches. Restricting any mowing to late summer or autumn will minimize mortality to ground nesting birds. To discourage the presence of nuisance waterfowl (i.e. Canada Geese), a minimum 30-foot wide no-mow fringe shall be maintained around all detention basins, where possible. 9. After Vegetation is 70% established, the use of herbicides/pesticides is to be discontinued along the swales & basins. 57 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #044-2021 APPROVAL OF GREEN SOLUTIONS FUNDING AGREEMENT WITH MILWAUKEE METROPOLITAN SEWERAGE DISTRICT (MMSD) FOR LITTLE MUSKEGO LAKE ACCESS #9 WHEREAS, The City of Muskego is planning to reconstruct Little Muskego Lake Access #9; that this project falls under MMSD Green Infrastructure work; that the purpose of this project is to install porous pavers and native landscape, which reduces the volume of stormwater in the sewerage system and the amount of pollutants discharged to surface waters; and WHEREAS, The City and MMSD wish to enter into an Intergovernmental Cooperation Agreement pursuant to State Statutes for the City to reconstruct the Little Muskego Lake Access #9, which supports the District’s Green Infrastructure goals; and WHEREAS, The District will reimburse the City for the cost of the project up to $57,000.00; and WHEREAS, Upon completion of the project, the City will provide a Baseline Report to the District in accordance with the terms and provisions of the Agreement upon which the District will reimburse the aforementioned funds to the City; and WHEREAS, The Finance Committee has reviewed the Agreement and has recommended approval to the Common Council. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Green Solutions Funding Agreement with MMSD for Little Muskego Lake Access #9. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Agreement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #044-2021, which was adopted by the Common Council of the City of Muskego. ____________________________ Deputy Clerk 4/21jmb 58 Little Muskego Lake Access Number Nine Page 1 Green Solutions Funding Agreement G98005P75 Little Muskego Lake Access Number Nine 1. The Parties This Agreement is between the Milwaukee Metropolitan Sewerage District (District), 260 West Seeboth Street, Milwaukee, Wisconsin 53204-1446, and the City of Muskego (Muskego), W182 S8200 Racine Avenue, Muskego, Wisconsin 53150. 2. Basis for this Agreement A. Wisconsin law authorizes any municipality to establish an intergovernmental cooperation agreement with another municipality for the furnishing of services (Wis. Stat. sec. 66.0301). B. The District is responsible for collecting and treating wastewater from locally-owned sewerage systems in the District’s service area. C. During wet weather, stormwater enters the sewerage system, increasing the volume of wastewater the District must collect and treat. D. During wet weather, stormwater directly enters surface water, increasing pollution levels in those waterways and increasing the risk of flooding. E. Green infrastructure, such as constructed wetlands, rain gardens, green roofs, bioswales, and permeable pavement, reduces the volume of stormwater in the sewerage system and the amount of pollutants discharged to surface waters. F. The District’s WPDES permit includes a goal of 50 million gallons of green infrastructure detention capacity. G. The District wants to expedite the amount of green infrastructure installed in its service area. H. Muskego plans to install green infrastructure that supports the District’s green infrastructure goals. 3. Date of Agreement This Agreement becomes effective immediately upon signature by both parties and ends when Muskego receives final payment from the District or when the parties terminate this Agreement according to sec. 14 of this Agreement. 4. District Funding The District will reimburse Muskego for the cost of the project described in the attached project description (project), up to $57,000. The District will provide funding after the District receives the Baseline Report and the conservation easement. 59 Little Muskego Lake Access Number Nine Page 2 5. Location of Project The project will be at Little Muskego Lake Access Number 9, which is on the southeastern side of the lake, at the northern terminus of Park Drive, north of Janesville Road as shown in Figure 1. 6. Baseline Report After completion of the project, Muskego will provide a Baseline Report using forms provided or approved by the District. The Baseline Report will include: A. a site drawing, showing the project as completed; B. a topographic map of the project site; C. design specifications for the project, including rainwater capture capacity (maximum per storm) and other information regarding runoff rate reduction or pollutant capture; D. a tabulation of the bids received, including bidder name and price; E. a copy of the executed construction contract; F. a legal description of the property where the project is located, including parcel identification numbers, if a conservation easement is required; G. photographs of the completed project; H. a maintenance plan; I. an outreach and education strategy, including a description of events or activities completed or planned; J. an itemization of all construction costs, with supporting documentation; K. a W-9 Tax Identification Number form; L. a Small, Veterans, Women, and Minority Business Enterprise Report; and M. an Economic Impact Report, showing the total number of people and the estimated number of hours worked on design and construction of the project by Muskego’s employees, contractors, consultants, and volunteers. 7. Procedure for Payment Muskego will submit an invoice to the District for the amount to be reimbursed. The invoice will document all costs to be reimbursed. Invoices from consultants will provide: their hourly billing rates, if applicable; the hours worked, by individual; and a summary of the tasks accomplished. Muskego will send the Baseline Report and the invoice to: Andrew Kaminski, Project Manager Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, Wisconsin 53204-1446 The District will not provide reimbursement until the project is complete and the District has received all required deliverables. 60 Little Muskego Lake Access Number Nine Page 3 8. Changes in the Project and Modifications to the Agreement Any changes to the project must be approved by the District in writing in advance. The District will not reimburse for work that is not described in the original project description unless Muskego obtains prior written approval from the District. 9. Modifications to this Agreement Any modifications to this Agreement will be in writing and signed by both parties. 10. Project Maintenance Muskego will maintain the project for at least ten years. If the project fails to perform as anticipated or if maintaining the project is not feasible, then Muskego will provide a report to the District explaining the failure of the project or why maintenance is not feasible. Failure to maintain the project will make Muskego ineligible for future District funding until Muskego corrects maintenance problems. 11. Permits, Certificates, and Licenses The Muskego is solely responsible for compliance with all federal, state, and local laws and any required permits, certificates, or licenses. 12. Procurement Muskego must select professional service providers according to the ordinances and policies of Muskego. Muskego must procure all non-professional services, such as construction, sewer inspection, and post-construction restoration, according to State of Wisconsin statutes and regulations and the ordinances and policies of Muskego. Whenever work valued over $25,000 is procured without the use of a public sealed bidding process, the District may request and Muskego must provide an opinion from a licensed attorney representing Muskego explaining why the procurement complies with State of Wisconsin law and the ordinances of Muskego. 13. Responsibility for Work, Insurance, and Indemnification Muskego is solely responsible for planning, design, construction, and maintenance of the project, including the selection of and payment for consultants, contractors, and materials. The District will not provide any insurance coverage of any kind for the project or the Muskego. Muskego will defend, indemnify, and hold harmless the District and its Commissioners, employees, and agents against all damages, costs, liability, and expenses, including attorney’s fees and related disbursements, arising from or connected with the planning, design, construction, operation, or maintenance of the project. 14. Terminating this Agreement The District may terminate this Agreement at any time before the commencement of construction. After the commencement of construction, the District may terminate this Agreement only for good cause, including, but not limited to, breach of this Agreement by Muskego. Muskego may terminate this Agreement at any time, but Muskego will not receive any payment from the District if Muskego does not complete the project. 61 Little Muskego Lake Access Number Nine Page 4 15. Conservation Easement After the completion of construction, the District must receive a conservation easement from Muskego. The conservation easement will be limited to the project. The term of the conservation easement will be ten years. Muskego will cooperate with the District to prepare the conservation easement. 16. Exclusive Agreement This Agreement is the entire agreement between Muskego and the District for the project. 17. Severability If a court holds any part of this Agreement unenforceable, then the remainder of the Agreement will continue in effect. 18. Applicable Law The laws of the State of Wisconsin apply to this Agreement. 19. Resolving Disputes If a dispute arises under this Agreement, then the parties will try to resolve the dispute with the help of a mutually agreed-upon mediator in Muskego County. The parties will equally share the costs and fees associated with the mediation, other than attorney’s fees. If the dispute is not resolved within 30 days after mediation, then either party may take the matter to court. 20. Notices All notices and other communications related to this Agreement will be in writing and will be considered given as follows: A. when delivered personally to the recipient's address as stated in this Agreement; or B. three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 21. Independence of the Parties This Agreement does not create a partnership. Muskego does not have authority to make promises binding upon the District or otherwise have authority to contract on the District's behalf. 22. Assignment Muskego may not assign any rights or obligations under this Agreement without the District's prior written approval. 23. Public Records Muskego will produce any records in the possession of Muskego that are subject to disclosure by the District pursuant to the State of Wisconsin’s Open Records Law, Wis. Stats. secs. 19.31 to 19.39. Muskego will indemnify the District against all claims, demands, or causes of action resulting from the failure to comply with this requirement. Signatures on Next Page 62 Little Muskego Lake Access Number Nine Page 5 MILWAUKEE METROPOLITAN SEWERAGE DISTRICT CITY OF MUSKEGO By: ____________________________ By: Kevin L. Shafer. P.E Executive Director Richard Petfalski, Jr. Mayor Date: ___________________________ Date: _______________________________ Approved as to Form By: __________________________ Attorney for the District By: Sharon Mueller Clerk-Treasurer Date: _______________________________ 63 Little Muskego Lake Access Number Nine Page 6 Green Solutions Funding Agreement G98005P75 Little Muskego Lake Access Number Nine Project Description Muskego maintains 16 public access points on Little Muskego Lake. These access points drain stormwater runoff to Little Muskego Lake. Lake Access Number Nine is on the southeastern side of the lake, at the northern terminus of Park Drive, north of Janesville Road as shown in Figure 1. At Lake Access Number Nine, Muskego will remove an existing asphalt walkway, fence, debris, dead trees, and invasive species. Muskego will install 400 square feet of porous pavers and 700 square feet natural landscaping. This green infrastructure will have a design detention capacity of 1,680 gallons. Figure 2 shows a conceptual drawing of the reconstructed Lake Access Number Nine. Schedule Muskego will complete construction no later than December 31, 2021. Budget The estimated total project cost is $57,000. The estimated construction cost is $52,000 and the estimated project management cost is $5,000. Outreach and Education Muskego will post educational signage or describe the project and its benefits in a community newsletter or web page. Educational materials will acknowledge District funding for the project. Signage will: 1. be either designed and provided by the District or provided by Muskego and approved by the District, 2. be at a location approved by the District, and 3. identify the District as funding the green infrastructure by name, logo, or both. 64 Little Muskego Lake Access Number Nine Page 7 Figure 1 Location of Lake Access Number Nine 65 Little Muskego Lake Access Number Nine Page 8 Figure 2 Conceptual Drawing of Reconstructed Lake Access Number Nine 66 MMSD – Green Solutions Funding Work Plan for City of Muskego Little Muskego Lake - Lake Access 9 Description of work to be performed The City of Muskego is requesting MMSD approval of funding from the Green Solutions Program regarding Little Muskego Lake – Lake Access 9. The City of Muskego has 16 Lake Access points and 2 channel access points located around Little Muskego Lake. These Lake Access points can be used by the general public to access Little Muskego Lake. The other main use of Lake Access is to provide drainage ways for storm water runoff from adjacent homes and neighborhoods to Little Muskego Lake. The purpose of this project to use Green Infrastructure to provide some type of storm water control and quality for storm water runoff be fore it enters into Little Muskego Lake. The City of Muskego is going to remove an existing asphalt walkway, fence, debris, dead trees, invasive species. The Lake access will be replaced with porous pavers and natural landscaping. The following descriptions are taken from Fresh Coast website. POROUS PAVEMENT What is Porous Pavement? In the greater Milwaukee area, over 60% of all impervious surfaces are roads, parking lots, and driveways. When it rains these hard surfaces create a lot of stormwater runoff that can overwhelm our sewer system or flow directly into our rivers. In contrast, porous pavement systems allow runoff to soak into the pavement surface and engineered stone layers below. The water then slowly moves down into the ground and is connected to local stormwater sewers or can be collected and stored for future use. Porous pavement can be asphalt, concrete or pavers, but is different from traditional pavement because it doesn't have fine materials mixed in. Instead, it provides pore spaces that store and let water pass through the surface. What are the Benefits of Porous Pavement? • Helps protect our streams and Lake Michigan from pollution by reducing stormwater runoff • Reduces the risk of flooding and drainage problems such a ponding water • Needs less salt for deicing in the winter • Manages a lot of runoff in a small space, making it especially useful in dense urban areas • Can be used for parking, sidewalks, bike trails, or other low-traffic areas 67 NATURAL LANDSCAPING What is Natural Landscaping? Natural landscaping uses colorful native plants, ornamentals, or a combination of the two, to manage rainwater while beautifying your yard. Native plants have deep growing root systems that help break up soil, allowing more water to drain into the ground. Landscaping with native plants helps promote a healthy natural landscape that creates a habitat for local birds, bees, and butterflies. By installing native plants and ornamentals, you can have a beautiful landscape while mowing less. What are the Benefits of Natural Landscaping? • Beautifies your yard and neighborhood • Helps protect our streams and Lake Michigan from pollution by reducing stormwater runoff • Reduces the risk of flooding and drainage problems • Provides habitat for pollinators and birds • Reduces the amount of lawn you need to mow Timeframe and schedule The plan is to award contract in Spring 2021 to a contractor. Work will start in late be Summer/Fall 2021 with anticipated 2021 completion date. Project funding reimbursement will be requested to MMSD in November/December 2021. This project will be completed entirely in 2021. Location Appendix A has a map of all the lake access points around Little Muskego Lake and an aerial of the existing location. Estimated costs The following are estimated costs for this proposed work. Refer to Appendix B for renderings of the improvements. • Landscape Contractor = $52,000.00 (Estimate) • City of Muskego Staff time = $5,000 (estimate) Total Estimate amount of GI funds being requested =$57,000 The City of Muskego has $400,617 funds available for Green Infrastructure. 68 Detailed proposed cost share (no cost share is required), include District reimbursement and anticipated timeline for costs The City of Muskego is not looking for any cost sharing from the District. The City of Mu skego wants to use the $400,617 of Green Infrastructure funding allocated for 2021. The City of Muskego would be looking for green infrastructure funds upon completion of the project and all submittals have been accepted by MMSD. Anticipated results The City anticipates both water quantity reductions and water quality benefits from this project. Some of the benefits from this project include: • A lake access that has GI benefits from porous pavers and native landscaping. Little Muskego Lake would definitely benefit from this plan. Project Report At the conclusion of the 2021 City of Muskego Lake Access GI Project, the City of Muskego will provide a baseline report. Project Funding Agreement signatory (name, title, contact info) The work plan and request for Green Infrastructure is the following: Scott Kroeger, PE, PLS, ENV SP, MBA City of Muskego Public Works and Development Director Phone: (262) 679-5686 Email: skroeger@cityofmuskego.org The two official City of Muskego signatures required on all legal documents are the following: Richard Petfalski, JR. Mayor - City of Muskego Email: rpetfalski@cityofmuskego.org Phone: 262-679-5675 Sharon Mueller Clerk-Treasurer -City of Muskego Email: smueller@cityofmuskego.org Phone: 262-679-5622 Please remember everything will be approved by City of Muskego Common Council Final Report The final report will include the following items: • Overview • Project Location 69 • Project Design (with construction photos) • Stormwater Capture Capacity • Maintenance Plan • Outreach and Education • Project Cost • Lessons Learned • Economic Impact • Small, Women, and Minority Business Enterprise Report • W-9 Tax Identification Number form Additional all invoices, a limited term conservation easement, and any other required information will be provided to MMSD. 70 APPENDIX A 71 Lake AccessNo. 8 Lake A ccess No. 15 Lake A ccessNo. 1 4 Lake A ccessNo. 1 3 Lake A ccessNo. 1 2 Lake A ccessNo. 11 Lake A ccessNo. 1 Lake A ccessNo. 2 Holz Island Lake AccessNo. 9 Lake AccessNo. 5 Lake AccessNo. 6 Lake A ccessNo. 10 Lake A ccessNo. 4 Lake A ccessNo. 3 Lake A ccessNo. 1 6 Little MuskegoLake ChannelAccess #1 LittleMuskego LakeChannel Access #2 Lake AccessNo. 7 Idle IsleBoatLaunch L i t t l eMuskeg oLake HIAWATHA DR C O O K D R WENTLAND DR OA K G RO VE D R LAKE ST B AY C T PEARL DR LAKE ST PA I G E C TEARL D R ROSSMAR CT ELKWOOD CT GOLD DR GOLD DR PEARL DR OAKCT D E R B Y C T EASTDR P R O S P E C T D R OA K G R O V E DR B O S Z H A R D T L N RICHDORF DR COPPERO A K S CT G E M D R R U B YDR CREST DR ROSSMARDR V A L L E Y D R S U N S E T D R I S L A N D D R GARNET DR C E N T E R D R RANCH DR S CHUB RING D R GROVE ST H I L L S I D E D R KIRKWOODDR PIONEER DR LAKEWOOD D R P A R K D R LINCOLNDR SCHOOL DR MARYBECKLN L A K E D R STLEONARDS DR KRISTIN DR TANSDR L A K E D R HILLVI EW DR STEEPLECHASE DR L O C H C R E S T BLV D LANNON DR BLUEGRASSDR T O P A Z D R C I R C L E DR DIA M O N D D R WESTWOOD DR K E N W O O D D R AGATEDR LEM BEZ EDER DR LANNON DR B A Y SHOREDR R I C H D O R F D R R A CIN E A V E HILLENDALE DR LANNON DR JEWELCRESTD R MARTIN DR J A N E S V I L L E R D MUSKEGO DR HARBORCIR KINGSTON DR WILDWOODD R Little Muskego Lake Access 72 73 APPENDIX B 74 75 76 77 78 79 80 81 COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #045-2021 APPROVAL OF AGREEMENT BETWEEN THE WATER BUGS SKI TEAM, INC. AND CITY OF MUSKEGO FOR PIER PLACEMENT, WATER SKI JUMP, AND SHOW EVENTS AT IDLE ISLE WHEREAS, The Water Bugs Ski Team, Inc. and the City of Muskego desire to enter into an Agreement for Pier Placement, Water Ski Jump, and Show Events at Idle Isle for 2021; and WHEREAS, The Finance Committee has reviewed the proposed Agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Agreement for Pier Placement, Water Ski Jump, and Show Events at Idle Isle for 2021. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to it as may be necessary in order to preserve the general intent thereof. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #045-2021 which was adopted by the Common Council of the City of Muskego. Deputy Clerk 4/21jmb 82 AGREEMENT WATER BUGS SKI TEAM, INC. and CITY OF MUSKEGO Pier Placement, Water Ski Jump, and Show Events at Idle Isle THIS AGREEMENT, consisting of nine (9) pages including Exhibit “A”, is made by and between the Water Bugs Ski Team, Inc., a Wisconsin corporation, hereafter referred to as “Water Bugs,” and the City of Muskego, hereafter referred to as “the City.” WHEREAS, Water Bugs understand it may be necessary for Water Bugs to obtain appropriate approvals, if any, from the Wisconsin Department of Natural Resources, hereinafter referred to as “WDNR”, for said pier placement on Little Muskego Lake; and WHEREAS, Water Bugs understand it is necessary for Water Bugs to obtain appropriate approvals from the WDNR, to place a water ski jump on the bed of Little Muskego Lake; and WHEREAS, the City’s approval of the placement of said pier and ski jump is conditioned upon the execution of this Agreement. NOW, THERERFORE, in exchange for the execu tion of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Water Bugs and the City agree as follows: 1. Term of Agreement A. The term of this Agreement shall commence on the date on which Water Bugs obtain all required approvals from all governing bodies and agencies, including, but not limited to, the WDNR, for placement of a water ski jump on the bed of Little Muskego Lake and the placement of the pier on the Lake. Water Bugs shall provide the City copies of all approvals obtained by Water Bugs under this Agreement. If no approvals are necessary, Water Bugs shall provide the City with a statement to that effect. Unless earlier terminated by action of the City, the term of this Agreement shall te rminate on the 30th day of September 2021. B. The term of this Agreement shall automatically terminate in the event Water Bugs is properly ordered or otherwise required to remove the water ski jump from the bed of Little Muskego Lake or the pier from the Lake by any governmental authority or agency. C. Upon termination of this Agreement, Water Bugs shall remove the ski jump from the bed of the lake and the pier, together with any related equipment and materials, within seven (7) calendar days or no later than September 30, 2021. 2. Ownership and Placement of Pier A. At all times during the term of this Agreement Water Bugs shall be the sole owner of the pier located at Idle Isle Park, W182 S6666 Hardtke Drive in the City of Muskego. Water Bugs cannot, without the prior written approval of the City, assign any ownership interests in the pier or any of Water Bugs’ rights, duties, or obligations under this Agreement to any person, entity, or association. 83 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 2 Water Bugs Ski Team, Inc. and City of Muskego B. Water Bugs shall be responsible for the physical placing and removal of the pier from Idle Isle Park and Little Muskego Lake. The physical location of the pier shall be placed at a distance of thirty (30) feet from the 5' x 32' pier abutting the boat landing (see Exhibit A) having a maximum length of thirty (30) feet. C. Water Bugs will allow the City and the public to use this pier at all times that it is not scheduled for exclusive use of Water Bugs. Water Bugs will make five signs, with prior approval of the Public Works and Development Director. Two signs will indicate that the swimming area will be decreased in size ten minutes prior to and throughout the practice and will be closed during show times as posted on the beach and at the entrance of the park. The swimming area will be increased to its original size ten minutes after the show or practice time unless in the case of a cancelled show or practice. The other two signs will indicate that the pier will be closed to the public one-half hour prior to and throughout the practice/show times posted at the pier and at the entrance of the park. The pier will be open to the public one-half hour after the show or practice time unless in the case of a cancelled show or practice. The last sign will indicate that Water Bugs’ pier is not to be used for public swimming, diving, or jumping from and no public boats shall be docked/moored to said pier. D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance and upkeep required or recommended for the pier and signs. In the event Water Bugs fail at any time to perform any maintenance or upkeep reasonably deemed necessary by the City, upon written notice to Water Bugs, as stated in Section 13(C) of this Agreement, the term of this Agreement shall immediately terminate. 3. Ownership and Placement of Ski Jump A. At all times during the term of this Agreement, Water Bugs shall be the sole owner of the ski jump located at Idle Isle Park, W182 S6666 Hardtk e Drive, and PT NE 1/4 of SEC 8T5N R20E & PT NW 1/4 SEC 9 AN ISLAND APPROX 1100 FT N OF SE COR OF NE 1/4 CONT 500 SQ FT VOL 1204/699 DS 3858687 QCD 9/11, in the City of Muskego. Water Bugs cannot, without the prior written approval of the City, assign any ownership interests in the ski jump or any of Water Bugs’ rights, duties, or obligations under this Agreement to any person, entity, or association. B. Water Bugs shall be responsible for the physical placing and removal of the ski jump on and from the bed of Little Muskego Lake. The physical location of the ski jump on the bed of the lake shall be subject to the direction and discretion of the Chief of Police. The ski jump shall be placed at a minimum of 150 feet from the shoreline of the lake. C. While the ski jump is on the bed of the lake, Water Bugs shall cause the installation, maintenance, and operation of a flashing yellow light on the ski jump from dusk to dawn. The flashing yellow light must be visible for at least 500 feet in all directions. D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance and upkeep required or recommended for the ski jump. In the event Water Bugs fail, at any time, to perform any maintenance or upkeep reasonably deem necessary by the City, upon written notice to Water Bugs, as stated in Section 13(C) of this Agreement, the term of this Agreement shall immediately terminate. 84 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 3 Water Bugs Ski Team, Inc. and City of Muskego 4. Usage for Shows and Practices A. A minimum number of show dates and practices will be set at 15-16 (show) and 30-32 (practice), per calendar year for a minimum of 48 events. Should Water Bugs intend to do more than 48 events, they will need to come before the Parks and Conservation Committee for approval at their March meeting. Dates can be taken away based on infractions against Water Bugs. The Parks & Conservation Committee can recommend this to the Finance Committee. B. Times for shows/practices (defined by driving boats and making wakes inside of the no wake buoys): 1) Mid-May to July: 6:30 p.m. to sunset. 2) August: 6:00 to sunset. C. Set-up times for shows/practices (includes moving the ski jump and take-over of Water Bugs pier) is defined as setting up equipment on the Water Bugs pier: 1) Mid-May to July: 6:00 p.m. to 6:30 p.m. 2) August: 5:30 p.m. to 6:00 p.m. D. Take-down after shows/practices by 9:00 p.m. E. The complete sound system will only be used for show dates and should only be loud enough for show spectators and participants to enjoy. One speaker may be used for two practices in mid-July and early August to prepare for tournaments and will only be loud enough for members to hear the music between the shelter and the beach. 5. Removal of Ski Jump and Return of Buoys to Rectangular Position A. Buoys and ski jump and any associated permits must conform to any and all governmental regulations, at all times, concerning piers and ski jumps durin g the terms of this Agreement. B. Ski jump must be put up and removed within the designated set-up and take-down times in Section 4. See Section 5(D) if the weather prevents takedown of ski jump. C. Buoys in swimming area must be returned to original rectangular position within Committee’s designated take-down time. This also applies to when the ski team is giving ski lessons (two separate program offerings) for the Recreation Department. D. In the event a show/practice is cancelled at any time, the ski jump has already been moved to the use position, and weather conditions would make it difficult to return the ski jump to the off-use position, the ski jump is to be anchored by 10:00 am the following day to the off-use position. E. Swimming buoys will be the last things moved before show/practice time; no more than 10 minutes prior to show/practice time; and returned to their original location within the first 10 minutes after the completion of the show/practice time. F. In the event of hot weather (85+ degrees) when the public is extensively using the beach, the City will reserve the right to disallow the moving of the swimming buoys on scheduled practice/show dates. 85 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 4 Water Bugs Ski Team, Inc. and City of Muskego 6. Signage A. Water Bugs will make the following signs, with prior approval of Director of Public Works and Development: 1) Beach and Park Entrance Signs: Indicate swimming area will be decreased ten minutes prior to and throughout the practice times and closed during show times. The swimming area will be open to public ten minutes after show or practice time unless in the case of a cancelled show or practice. 2) Pier Sign and Park Entrance Signs: Indicate pier will be closed to public one -half hour prior to and throughout the practice/show times posted at the pier. Pier will be open to public one-half hour after show or practice time unless in the case of a cancelled show or practice. 3) No Public Swimming, Jumping, or Diving off Pier and No Public Boat Docking: Indicate that swimming, jumping, or diving is prohibited at all times on or near the pier. Also, no boat docking to pier. 7. Parking A. The Recreation Department will issue six (6) parking placards, free of charge, to Water Bugs designated person. This person can issue these six (6) passes to members of the team for parking their vehicles in the automobile parking area. These are not for launching watercraft. The Recreation Department will issue six (6) boat launch stickers, for a reduced rate of $14.00/sticker, to Water Bugs designated person. These passes must be affixed to the windshield of the vehicles pulling the boats and cannot be shared among members. B. Water Bugs equipment trailer will be parked along the perimeter of the boat trailer parking area, close to the boat wash area. C. No Water Bugs equipment will be left on the premises, with the exception of the Water Bugs owned pier, or other items as approved by the Director of Public Works and Development. D. There will be no allowance of parking on any grass or park area other than the paved parking lot. All overflow parking will be directed to the parking lot in Park Arthur. 8. Contact Persons A. Contact person from Water Bugs will be the President of Water Bugs. Water Bugs will also be responsible for listing an alternate contact. Water Bugs will designate their contact person and alternate who will be Water Bugs’ representatives and who w ill receive any correspondence. These names will be submitted to the Parks and Conservation Committee. B. Contact person from the Parks & Conservation Committee will be the Public Works and Development Director. The alternate contact person will be the Recreation Manager. If circumstances would arise not covered by the provisions contained within this Agreement, Water Bugs must contact above person(s) for a decision. 86 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 5 Water Bugs Ski Team, Inc. and City of Muskego 9. Inclement Weather A. If weather conditions result in a cancellation of a scheduled show/practice date, a make - up date will be considered. The make-up date must be confirmed in writing by the Director of Public Works and Development and must be rescheduled within two weeks of cancelled date. B. If cancellation is determined other than at the park (earlier in the day for example), the Director of Public Works and Development will be contacted. 10. Consequences For Not Complying With Rules A. The Parks & Conservation Committee will review summer Water Bugs use of the park at the October meeting in regard to the rules established for the Water Bugs. A monthly review (activities occurring May-August) will take place as it relates to the two unscheduled visits to Idle Isle Park by the Muskego Police Department. 1) If a substantiated non-frivolous complaint, as determined by the Muskego Police Department, is received from a citizen(s), an Alderman, W ater Patrolman, Police Department, Parks & Conservation Committee Member, Director of Public Works and Development, then; 2) The Director of Public Works and Development will contact Water Bugs contact person concerning consequences by phone with a follow-up in writing. The date of the phone call will serve as the notification of denial of park use as follows; a. First Offense: Permission to use Idle Isle Park will be denied for the next two scheduled dates (practice and/or show dates). b. Second Offense: Permission to use Idle Isle Park will be denied for the next four scheduled dates (practice and/or show dates). c. Third Offense: Denial of remainder of year’s schedule, and po ssible effect on next year’s request. 11. Ski Patterns A. In regard to the ski pattern, a 100-foot clearance between boats and Otto Island, Jaycee Island, and the Idle Isle Park fishing pier must be maintained with permanent buoys, provided by the City. During Water Bugs use dates, the 100 -foot clearance along the south shore of Idle Isle will be waived and Water Bugs will be allowed to make a wake inside of thirty feet from Idle Isle. However, during these same dates, the permanent buoys around Otto Island and the fishing pier, marking the 100 -foot distance, can be moved closer for safety reasons, only if a smaller temporary buoy is used to mark the 100-foot clearance from that island. The permanent buoy marking Jaycee Island can be moved closer to allow boat traffic within thirty feet. To avoid boat props from hi tting a temporary buoy marker and/or its anchor, no temporary buoy will be used, but following each use date, Water Buts will move the permanent buoy back to its permanent location. B. Slow-no-wake buoys, located in front of Idle Isle Park, can be temporarily moved for Water Bugs use during approved practices/shows. All permanent buoys must be placed back to their original locations by Water Bugs, after each approved use. The Public Works staff will be responsible for making sure all buoys are installed before the first and removed 87 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 6 Water Bugs Ski Team, Inc. and City of Muskego after the last approved lake use by Water Bugs. All buoys will be installed/maintained per approved GPS coordinates (100’ from Jaycee Island coordinates are LAT: 42 55’22.57172”N LONG: 88 08’37.96325”W and 100’ from Otto Island coo rdinates are LAT: 42 55’23.86632”N LONG: 88 08’36.46380”W). 12. Insurance and Indemnification A. Water Bugs shall indemnify the City and hold the City harmless against and from any and all liabilities, fines, suits, claims, demands, and actions, including costs and expenses of any kind or nature, including, but not limited to, attorneys’ fees brought or asserted by anyone due to or arising out of (a) any default by Water Bugs in observing any provision of this Agreement required to be observed and performed by W ater Bugs, or (b) any damage to property or injury to person or persons, including death, occasioned by or resulting from Water Bugs’ ski jump, pier, and signs. B. During the term of this Agreement, Water Bugs, at its expense, shall maintain comprehensive general liability coverage, bodily injury coverage, and property damage coverage, insuring Water Bugs and the City against liability for injury to persons or property occurring on or about the ski jump , pier, and/or signs or arising out of the ownership, maintenance, or use of the ski jump , pier, and/or signs. The insurance shall have a limit of not less than $1,000,000 .00 per occurrence with an aggregate limit of not less than $2,000,000.00. Water Bugs shall cause the City to be named as an Additional Insured for the types and limits of coverage stated above in respect to this Agreement, and shall, upon request by the City, provide the City a Certificate of Insurance and separate written Endorsement to the policy demonstrating Water Bugs’s compliance with the above insurance provisions. C. Water Bugs shall provide to City separate written Endorsements to its insurance policies that provide for the following:  Naming the City as an Additional Insured.  Stating that the Insurance is Primary and Non-Contributory.  Waiver of Subrogation  Notice of Cancellation for any change in the terms or conditions of the policy. D. Failure to provide the herein named insurance with written Endorsements as stated shall result in termination of this Agreement. 13. Miscellaneous Provisions A. Other Governmental Regulations. This Agreement is subject to any and all governmental regulations as they may be amended from time to time over the term of this Agreement. If the Agreement is in conflict with said regulations, the regulations must be followed. B. Assignment. Neither Water Bugs nor the City may assign its interest under this Agreement without the other party’s prior written consent, which may be granted or withheld in such party’s sole reasonable discretion. C. Notices. All notices required or permitted by this Agreement shall be given in writing and shall be considered given upon receipt if a) hand delivered to the party or person intended, or b) upon facsimile transmission to the fax numbers set forth herein, or c) email transmission at the address stated below with verification of receipt requested, or d) one 88 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 7 Water Bugs Ski Team, Inc. and City of Muskego business day after deposit with a nationally re cognized overnight commercial courier service, air bill prepaid, or e) three (3) business days after deposit in the United States mail, postage prepaid, by certified mail, return receipt requested, addressed by name and address to the party or person intended as follows: To the Water Bugs: To the City: President Director of Public Works & Development Water Bugs Ski Team, Inc. City of Muskego P.O. Box 111 W182 S8200 Racine Avenue Muskego, WI 53150 Muskego, WI 53150 Fax No. __________________ Fax No. 262-679-5614 Email: __________________ Email: skroeger@cityofmuskego.org D. Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of Wisconsin. Any legal action regarding this Agreement shall be brought and maintained in the Circuit Court for Waukesha County, Wisconsin. E. Severability of Provisions. If any of the terms or conditions contained herein shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions and conditions of this Agreement, or the application of such to persons or circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the full extent permitted by law. F. Captions. The captions in this Agreement are inserted only as matters of convenience and for reference and in no way define or limit the scope or intent of the various provisions, terms, or conditions hereof. G. Binding Effect. The terms and conditions of this Agreement shall be binding u pon and benefit the parties hereto and their respective successors and permitted assigns. H. Entire Agreement. This writing constitutes the entire agreement between the parties hereto, and all prior statements, letters of intent, representations and offers, if any, are hereby terminated. This Agreement may be modified or amended only by written instrument signed by both parties. I. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. J. Representations as to Authority. Each party to this Agreement represents and warrants that: a) it has the power and authority to consummate the transactions contemplated by this Agreement; b) all proceedings necessary for it to consummate the transactions contemplated by this Agreement have been duly taken in accordance with law; and c) the persons executing this Agreement on behalf of it have been duly authorized to execute this Agreement. K. Dispute Resolution. In the event of a dispute between the Water Bugs and the Ci ty arising out of this Agreement and prior to formal litigation in a court of law, the Water Bugs and the City agree to attempt to resolve such dispute through mediation. In the event that the Water Bugs and the City cannot agree upon a mediator, they shal l each propose a 89 2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 8 Water Bugs Ski Team, Inc. and City of Muskego qualified mediator, and such qualified mediators shall choose a qualified th ird-party who will mediate the dispute. L. The parties agree that signatures scanned and sent via email attachment shall be binding on the parties hereto. M. Annual Review and Committee Approval. This Agreement is to be approved each season by the Finance Committee contingent on no changes to placement of the pier and ski jump and no additional show and practice dates being requested. If changes to placement, the changes will need to be approved by the Public Works & Safety Committee. Additional show or practice dates requested will need approval of the Parks & Conservation Committee. The full Agreement with the approved changes by the respective Committees will be paced on the Finance Committee agenda. WATER BUGS SKI TEAM, INC. CITY OF MUSKEGO Rick Nelson, President Date Rick Petfalski, Mayor Date Water Bugs Secretary Date Sharon Mueller, Dir. Finance/Admin Date 90 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #046-2021 APPROVAL OF DEVELOPER’S AGREEMENT WITH DCEN LLC FOR THE DENOON COUNTRY ESTATES NORTH SUBDIVISION WHEREAS, DCEN LLC and the City of Muskego wish to enter into a Developer’s Agreement regarding the Denoon Country Estates North Subdivision on Crowbar Drive in the City of Muskego; and WHEREAS, The Developer’s Agreement is for the construction of public improvements at said location; and WHEREAS, The Finance Committee has reviewed and recommended approval of the Agreement between DCEN LLC and the City of Muskego to make and install certain public improvements reasonably necessary for the Development, conditioned upon the construction of said improvements according to approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of the Agreement without cost to City. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Developer’s Agreement between DCEN LLC and the City of Muskego for the Denoon Country Estates North Subdivision. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to it as may be necessary in order to preserve the general intent thereof. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #046-2021, which was adopted by the Common Council of the City of Muskego. Deputy Clerk 4/21jmb 91 1 This Agreement, made this ____ day of _____________, 2021 by and between DCEN LLC. (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 Denoon County Estates Subdivision, on a part of the lands described as: Being part of the Southeast ¼ and Southwest ¼ of the Southwest ¼ of Section 30, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. (Full legal pending) 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 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 #003-2021, consists of ten (10) single-family residential lots, along a new publicly dedicated roadway, with the features per the referenced resolution. 2. PHASING. Developer and City agree that this Agreement is for the installation of Public Improvements consisting of stormwater improvements, landscaping, grading and roadway work and per the documents approved by Plan Commission Resolution #003-2021 (collectively, the “Improvements”). SECTION II : PLATTING/ZONING 1. This Developer’s Agreement addresses the development of land for the ten (10) single-family residential lots, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the auspices of the Conservation Planned Development District CPD-5. a) Single-family parcels shall conform to the zoning requirements of a CPD-5 Conservation Planned Development District. The CPD zoning is allowed per Common Council approval and the CPD can permit flexibility in the underlying zoning requirements. Parcel ID # (PIN): MSKC 2279.993 DENOON COUNTRY ESTATES NORTH DEVELOPER'S AGREEMENT Document Number Document Title Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 92 2 b) Outlots shall be reserved for open space management and stormwater purposes consistent with CPD Planned Development overlay zoning requirements and per the Preliminary Plat approved per Council Resolution #014-2021 on February 9, 2021. 2. Developer shall entirely at its expense: a) As per Section 392-22B.(4) of the Muskego Municipal Code, have the Denoon Country Estates North Final Plat submitted and approved. The Developer shall cause the Final Plat of the Denoon Country Estates North to be executed and recorded, and shall provide City with evidence of recording. Note: The Final Plat cannot be approved until after the improvements, found in Section VII, Final Acceptance of this agreement, are accepted to ensure that no lots are sold until said acceptance is complete. b) Concurrent with the execution of this Agreement tender a Letter of Credit in the amount required herein for the construction of improvements required by this Agreement. No construction activity may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered. c) Provide the City with title evidence showing that upon recording the Final Plats, the City will have good and indefeasible title to all interests in land dedicated or conveyed to the City by the Plats. d) 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. e) 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 storm sewer, stormwater management facilities and roadway 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, MMSD 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. ROADS AND STREETS: 1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee including off-site improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Public Works & Development Director or his designee and Public Works Committee as indicated in the plans and specifications on file with the Engineering Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of subdivision improvements. 3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of their installation. 93 3 4. Contractors working at the Development are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the Developer shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has been granted by the City Council as described in Section VII, Final Acceptance. The City shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The Developer shall clean up the streets within twenty-four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not cleaned up after notification, the City may do so at the Developer’s and/or subject property owner's expense, at the option of the City. B. STORM AND SURFACE W ATER DRAINAGE AND GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works & Development Director or his designee and Public Works Committee for storm and surface water drainage throughout the entire Development and off-site improvements as necessary, all in accordance with the plans and specifications on file in the Engineering Department. The City retains the right to require the Developer to install at Developer’s cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. Grade and improve the development in conformance with the grading plan as approved by the Public Works & Development Director or his designee and Public Works Committee in accordance with the plans and specifications on file in the City Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 3. The City retains the right to require Developer to install within the development (and immediately adjacent area if applicable and necessary), additional surface and storm water drainage measures if it is determined by the City Engineer that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written procedures and policies. 4. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. 5. Execute and record a Maintenance Agreement as approved by the Public Works & Development Director or his designee relating to privately owned storm water appurtenances and provide proof of recording. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement. 6. Submit an as-built grading plan that meets all City requirements. C. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way and within the proposed preservation easement to the maximum extent possible, when installing the Subdivision improvements. Replace trees in accordance with plans to be approved by City staff. 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. Plant street trees without cost to City in accordance with Section 392-45 of the Muskego Municipal Code and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and landscape plans on file in the City Building and Engineering Department that were approved by the Planning Manager and City Forester prior to the signing of this agreement. The planting of the street trees 94 4 shall occur before the installation of the final course of pavement with the City Engineer’s approval of planting schedule. 4. 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 drainageways. D. 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 Subdivision, on and off-site, in accordance with the Erosion Control Plan as approved by the Public Works & Development Director or his designee and Public Works 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 Subdivision. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 162. 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, except for final surface course of pavement as described herein, shall be completed by the Developer within one (1) year from the signing of this Agreement or prior to occupancy of any homes or issuance of building permits except if an earlier date is provided for in the Agreement. The final surface course of pavement must be deferred until ninety percent (90%) of the homes have been substantially completed, or twenty-four (24) months after the date of acceptance of improvements, whichever comes first. If the final surface course of pavement, is not completed within twelve (12) months of the date of this Agreement, the Developer shall extend the Letter of Credit in a form acceptable to the City until such time as the final surface course of pavement is completed. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface course pavement, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit. 95 5 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. 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 storm sewer and roadway improvements to the City (excluding those facilities which are to be owned and maintained by the developer), 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 (if applicable), 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 stormwater and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 96 6 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standards. 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, via the Final Plat, on Developer's land deemed necessary by the Public Works & Development Director or his designee prior to accepting any public improvements and prior to any building permits being granted. 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. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground. Coordination of installation and all costs shall be the responsibility of the Developer. 5. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental agency permits. 6. 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. 7. 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. 97 7 8. Public Construction Projects: If any aspect of the development involves a public construction project subject to the State law, all requirements of the State Public Construction Bidding Law must be satisfied, including but not limited to, providing a performance bond. 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 all 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 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 98 8 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: RISK OF PROCEEDING WITH IMPROVEMENTS PRIOR TO APPROVALS OF FINAL PLAT: If a Developer proceeds with the installation of Improvements or other work on the site prior to approval of the Final Plat, it proceeds at its own risk as to whether or not the Final Plat will receive all necessary approvals. The Developer, prior to commencement of the installation of Improvements or other work on site, shall notify the City of the Developer’s intention to proceed with the installation of Improvements or other work on site, prior to approval of the Final Plat. Additionally, Developer shall make arrangements to have any Improvements and/or other work on site inspected by the City Engineer. SECTION XVI : 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 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 XVII : CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 99 9 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 XVIII : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no buildings or occupancy permit shall be issued until the City Engineer or his designee has determined that: 1. All parameters of Plan Commission Resolution #003-2021 have 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 & Development Director. 3. A Letter of Credit 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. 6. The Final Plat is recorded and appropriate copies are delivered to the Community Development Department. SECTION XIX : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building and/or occupancy permits if Developer is in violation of this Agreement, but no permits and/or occupancy shall be unreasonably withheld. SECTION XX : FINANCIAL GUARANTEES: 1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit, setting forth terms and conditions upon which the City may draw upon the same, in the City Attorney approved form, in the amount of $875,648 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: a) Developer is in default of any aspect of this Agreement, or 100 10 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 Letter of Credit on file with the City is dated to expire sixty (60) days prior to the expiration of the one (1) year period for completion of the Improvements, if such Letter of Credit is not timely extended, renewed or replaced, per the terms of this Agreement and the Improvements will not be dedicated to or accepted by the City before the expiration of the Letter of Credit, or d) The Developer fails to maintain a Letter of Credit 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: All invoices documenting public Improvements shall be provided to the City. 3. Reduction of Letter of Credit: The Developer shall provide the Public Works & Development Director 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 Public Works & Development Director 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 Public Works & Development Director 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 Public Works & Development Director; 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. In the event the Letter of Credit requires renewal, the City shall reduce the required amount of the Letter of Credit to 120% of the amount of the outstanding Improvements. 4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $4,000.00 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 XXI : 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 101 11 as described in Section XXIII, 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 constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XXII : 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 XXIII : 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 XXIV: SALE OF LOTS: No lots in the Subdivision may be sold until final acceptance of the Improvements has been granted by the City, unless otherwise expressly approved in writing by the City Council. SECTION XXV : 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: DCEN, LLC S75 W17237 Janesville Road Muskego, WI 53150 Attn: John Jewell 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 XXVI : RECORDING This Agreement shall be recorded against the Development property and shall run with the land. 102 12 SECTION XXVII : 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. DCEN, LLC: By: _______________________________ Its: ________________________________ STATE OF WISCONSIN ) SS _____________ COUNTY ) PERSONALLY came before me this ____day of _____________, 2021, ______________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of _____________ My Commission Expires ___ MORTGAGEE CONSENT The undersigned Mortgagee of the Subdivision lands consents to this Developer’s Agreement, and agrees that its lien of mortgage shall be subordinate to the rights of the City of Muskego granted by this Developer’s Agreement. By: _______________________________ Name: ______________________________ Its: ________________________________ Dated this _____ day of ________________, 2021. STATE OF WISCONSIN ) SS ___________ COUNTY ) PERSONALLY came before me this _____ day of ______, 2021, __________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires 103 13 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 ______________, 2021, 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 _____________, 2021. Notary Public-State of Wisconsin My Commission Expires CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Denoon Country Estates North, Muskego, Wisconsin, as entered into on the ____ day of _____________, 2021 by and between DCEN, LLC. and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ____________, 2021. BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This ______day of ___________, 2021. My commission expires This instrument drafted by: Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 104 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #047-2021 AWARD OF BID Park Arthur Fields #1, #2 and #3 WHEREAS, The Park Arthur Field Project includes the regrading of Fields #1, #2 and #3 for the purpose of fixing drainage-related problems; that besides fixing the drainage problems, the fields will all have their infields turfed; and WHEREAS, The City publicly advertised for bids for the Park Arthur Fields #1, #2 and #3 Renovation Project and the following bid was received: Contractor Total Base Bid Midwest Sport and Turf Systems, LLC $798,500.00 WHEREAS, The Public Works and Development Director reviewed the bid and recommends that the bid in the amount of $798,500.00 submitted by Midwest Sport and Turf Systems, LLC be accepted; and WHEREAS, The Finance Committee reviewed the bid and concurs with the recommendation. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the bid submitted by Midwest Sport and Turf Systems, LLC in the amount of $798,500.00 for the Park Arthur Fields #1, #2 and #3. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Contract in the name of the City and the City Attorney is authorized to make substantive changes to the Contract as may be necessary in order to preserve the general intent thereof. DATED THIS 27th DAY OF APRIL 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #047-2021, which was adopted by the Common Council of the City of Muskego. Deputy Clerk 4/21jmb 105 APPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 03/02/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Graf, Gazzana and Oliver, Planner Trzebiatowski. Absent: Commissioner Buckmaster STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the minutes of the February 2, 2021 meeting. Alderman Kubacki made a motion to approve the February 2, 2021 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for a renewal of Conditional Use Grant in accordance with Section 14 of the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and processing of sand and gravel and the extension of use of an asphalt plant at the NW corner of Crowbar Road and Janesville Road, in the NE 1/4 and SE 1/4 of Section 13 (Tax Key No. 2230.996 / W217 S8425 Crowbar Road). Planner Trzebiatowski provided an overview of the annual review for Payne & Dolan to address any issues/concerns. Clint & Brianna from Payne & Dolan introduced themselves and mentioned they are operating as usual. They do have the ability to run nights from that facility and as of right now there are no plans to run nights this year, but if things change, they will run the normal process. There was an issue last year where a couple trucks did not follow the provided instructions and there were some complaints. Payne & Dolan corrected the issue immediately. Mayor Petfalski added that they have been very responsive to any issues. Public Hearing closed. 106 CONSENT BUSINESS RESOLUTION PC 006-2021 Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant for Payne and Dolan at W217 S8425 Crowbar Road / Tax Key No. 2230.996. RESOLUTION PC 007-2021 Approval of an Annual Review for the Loomis Court LLC. property located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001. RESOLUTION PC 008-2021 Approval of an Annual Review for the Durham Hill Auto property located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002. RESOLUTION PC 010-2021 Approval of an Annual Review for Schaefer Snowplowing and Grading LLC located at W195 S9773 Racine Ave. / Tax Key No. 2274.998. RESOLUTION PC 011-2021 Approval of a Two-lot Certified Survey Map for Patrick Thompson of PLC Properties, LLC. located along Durham Drive / Tax Key Nos. 2213.997.001 and 2213.997. RESOLUTION PC 012-2021 Approval of a One-lot Certified Survey Map for Dan Schweitzer located at S67 W21885 Tans Drive / Tax Key No. 2183.998.004. RESOLUTION PC 013-2021 Approval of a second accessory structure for Richard Zarate located at S106 W20683 North Shore Drive / Tax Key No. 2281.985. Alderman Kubacki made a motion to approve the consent business engross. Commissioner Graf seconded. Motion to approve passed unanimously. Alderman Kubacki noted that Payne & Dolan has been a good neighbor. Also it was good to see th at there wasn’t any major issues with the annual reviews. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 004-2021 Approval of a Building, Site and Operations Amendment for Waldera Enterprises, LLC. located at S82 W19246 Apollo Drive / Tax Key No. 2225.999.010. Planner Trzebiatowski gave a synopsis of the building, site and operations. Waldera is currently in the business park and are seeking to relocate to a different site within the business park. The business is roadside assistance and a towing business. The BSO amendment is to allow for the vehicles to be stored on - site. Typically, impounded vehicles are not on-site for more than five days. There are six parking stalls in front of the building for employees and people to pick up their cars. The towed vehicles will be located along the east side of the building and two spots on the north side. The hours of operation are 8:00 AM to 5:00 PM. Any damaged or wrecked vehicles and company vehicles will be stored indoors at all time. By June 1, 2021 all parking stalls must be marked and one-way signage must be installed. Mayor Petfalski asked for clarification on the hours of operation. The applicant stated the 8:00 AM to 5:00 PM hours are for customers to pick up their vehicle but there could be a vehicle towed to this location at night. Mayor Petfalski’s concerns are the homes immediately to the north with the back-up alarms in the middle of the night for the vehicle deliveries. The applicant stated they could disable the backup alarms or put the alarm on a switch to easily turn on and off. Mayor Petfalski said this would go a long way with the neighbors across the street. Alderman Kubacki made a motion to approve Resolution PC 004-2021. Commissioner Bartlett seconded. Motion to approve passed unanimously. 107 RESOLUTION PC 009-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. Planner Trzebiatowski gave a summary of the inspections and the annual reviews from 2020. At the follow -up inspection the site was in compliance. As drafted, the annual review will be back at the Plan Commission for review in September 2021. Commissioner Graf said that if we do monthly inspections it will be out of compliance, but the follow -up inspection will be compliant. Asks how often should the City go inspect. Mayor Petfalski wanted to recommend staff go out more often and come back in six months with a report. Alderman Kubacki says this will take so much staff time with the same issues over and over and it has been going on for years. Planner Trzebiatowski mentioned that the only time there has been a significant difference is when a citation was issued. The City doesn’t like to do that as we want to remain business friendly, but with this property this is the only thing that has made changes. Alderman Kubacki said his issue is when there are triple-parked cars and there is a hazardous situation, emergency vehicles cannot get there. Commissioner Graf thought staff should review monthly for six months and come back with the results in six months for Plan Commission review. This way the Plan Commission can see results for six months and determine future steps. Commissioner Gazzana asked what the penalties are. Planner Trzebiatowski explained they are financial. Mayor Petfalski likes Commissioner Graf’s idea to review for six months and bring to Plan Commission in September. Planner Trzebiatowski suggested language to be added to the Resolution including staff conducting m onthly reviews to ensure compliance. Commissioner Graf makes a motion for staff to audit the property for six months and report back in six months to the Plan Commission. Alderman Kubacki made a motion to approve Resolution PC 009-2021. Commissioner Graf seconded. Motion to approve passed unanimously. Commissioner Graf made a motion to amend the resolution, Commissioner Bartlett seconded. Motion to amend Resolution PC 009-2021 passed unanimously. Motion to approve Amended Resolution PC 009-2021 passed unanimously. MISCELLANEOUS BUSINESS Discussion of April Plan Commission date due to spring elections. April Plan Commission will be scheduled for Wednesday, April 7, 2021. ADJOURNMENT Commissioner Gazzana made a motion to adjourn. Alderman Kubacki seconded. Motion to approve passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner 108 CITY OF MUSKEGO Approved FINANCE COMMITTEE MINUTES March 9, 2021 6:00 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Alderpersons Wolfe,Kubacki, and Madden. Also present: Alderpersons Kapusta,Hammel, Terrence,and Engelhardt, Public Works &Development Director Kroeger, and Administrative Assistant Crisp. PUBLIC MEETING NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES February 23, 2021 Alderperson Wolfe moved to approve. Alderperson Kubacki seconded; motion carried. LICENSE APPROVALS Recommend Approval of Operator Licenses Alderperson Madden moved to recommend approval of an operator license for Michael Bochat, Tyrone Brown, Tina Holmes, Kristen Murphy, Emily Nowak, and Cory Toivonen. Alderperson Kubacki seconded; motion carried. NEW BUSINESS Recommend Approval of Green Solutions Funding Agreement with Milwaukee Metropolitan Sewerage District (MMSD) for Muskego 2021 Trees Alderperson Kubacki moved to recommend approval MMSD GI Funding Agreement. Alderperson Madden seconded;motion carried. Recommend Award of Bid for 2021 Road Improvement Program. The following bids were received: Base Bid Alternate Bid Total Bid Payne & Dolan Inc $504,871.40 $188,639.75 $693,511.15 Wolf Paving $536,232.50 $183,181.50 $719,414.00 Stark Pavement Corp $513,610.00 $187,347.50 $700,957.50 Asphalt Contractors $597,100.50 $196,865.00 $793,965.50 109 Finance Committee Minutes 2 March 9, 2021 Alderperson Wolfe moved to recommend acceptance of the bid submitted by Payne & Dolan Inc. Alderperson Kubacki seconded; motion carried. Recommend Approval of Interlocal Agreement between the City of Muskego and Region VIII Education Service Center Alderperson Kubacki moved to recommend approval of Interlocal Agreement. Alderperson Madden seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the amount of $40,045.93. Alderperson Kubacki seconded; motion carried. Tax Vouchers Alderperson Wolfe made a motion to recommend approval of Tax Vouchers in the amount of $1,594.52. Alderperson Madden seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers in the amount of $717,028.03. Alderperson Engelhardt seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Wolfe made a motion to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $376,781.23. Alderperson Madden seconded; motion carried. FINANCE DIRECTOR'S REPORT None COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None ADJOURNMENT Alderperson Wolfe made a motion to adjourn at 6:05 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Christine Crisp. 110 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1457 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Kaerek - RC-2 and SW to PD) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from RC-2 – Country Residence District and SW – Shoreland Wetland District to PD Planned Development District (based on RS-2 – Multiple Family Residence District and SW – Shoreland Wetland District): Part of Government Lot 3 of the Southwest 1/4 of Fractional Section 13 and part of the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 13, in Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southeast corner of the Southwest 1/4 of said Section 13; thence South 87° 42' 36" West along the South line of said 1/4 Section a distance of 175.00 feet to a point; thence North 00° 58' 26" West 30.00 feet to the point of beginning of lands to be described; thence South 87° 42' 36" West 483.83 feet to a point; thence North 65° 46' 45" West 390.19 feet to a point; thence North 75° 56' 24" West 163.38 feet to a point; thence North 86° 20' 24" west 332.16 feet to a point; thence South 87° 42' 36" west 336.71 feet to a point; thence North 01° 09' 00" West 643.51 feet to a point in the South line of Outlot 3 in Big Muskego Lakes Subdivision; thence North 88° 07' 00" East along said South line 1839.42 feet to Southeast corner of Lot 1 in Certified Survey Map No. 9409; thence North 36° 03' 13" East along the East line of said Lot 405.45 feet to a point in the Westerly line of Durham Drive; thence South 38° 45' 12" East along said Westerly line 223.50 feet to a point; thence South 49° 58' 22" West 15.00 feet to a point; thence South 38° 45' 13" East 30.01 feet to a point; thence North 49° 58' 22" East 15.00 feet to a point in the Westerly line of Durham Drive; thence South 38°45' 12" East along said Westerly line 424.40 feet to a point; thence South 38° 26' 38" East along said Westerly line 675.86 feet to a point; thence South 20° 21' 05" East along said Westerly line 32.20 feet to a point in the North line of Priegel Drive; thence South 51° 33' 22" West along said North line 133.10 feet to a point; thence South 87° 32' 41" West along said North line 338.92 feet to a point; thence North 00° 58' 26" West 300.00 feet to a point; thence South 87° 32' 27" West along the North line of Certified Survey Map No. 1222 and its Easterly extension 400.16 feet to the Northwest corner of said Map; thence South 00° 58' 26" East along the West line of said Map 45.35 feet to the Northeast corner of Certified Survey Map No. 708; thence South 87° 32' 27" West along the North line of said Map 236.91 feet to the Northeast corner of Certified Survey Map No. 105; thence South 87° 42' 36" West along the North line of said Map 175.00 feet to a point; thence South 00° 58' 26" East 254.65 feet to the point of beginning. Also known as part of Tax Key Nos. 2211.996.002 & 2211.997 / Durham Drive & Priegel Drive 111 Ord. #1457 2 SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after passage and publication subject to approval of the Final Plat for the subdivision. PASSED AND APPROVED THIS xx DAY OF MAY 2021. CITY OF MUSKEGO _______________________________ Rick Petfalski, Mayor First Reading: April 27, 2021 ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: 112 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1458 AN ORDINANCE TO AMEND CHAPTER 278, SECTION 278-19 & ADD SECTION 278-20 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Public Waters and Beaches/Hours for Lake Access. Violations and penalties.) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 278, Section 278-19, of the Municipal Code of the City of Muskego, is hereby amended to read as follows: § 278-19 Hours for Lake Access. Hours: Lake Access shall be open daily from 5:00 a.m. until 10:00 p.m. and closed from 10:00 p.m. to 5:00 a.m., except for activities and events sponsored by the Department or authorized by permission of the Director or designee, and except for the purpose of using the boat launch to launch or remove a watercraft. Any Lake Access may be declared closed to the public by the Director or designee at any time for any interval of time, with temporary or stated intervals as the Director or designee shall find reasonably necessary. It shall be unlawful to go upon an area or part of any Lake Access of the City when it has been declared to be closed to the public by the Director or designee. SECTION 2: Chapter 278, Section 278-19, of the Municipal Code of the City of Muskego, is hereby renumbered to be Section 278-20 to read as follows: § 278-20 Violations and Penalties. Wisconsin state boating penalties as found in § 30.80, Wis. Stats., and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference are hereby adopted by reference. All references to fines shall be amended to forfeitures and all references to imprisonment shall be deleted. The penalty for violation of local regulations not contrary to or inconsistent with state statute shall be provided in § 1-4 of this Code, unless a specific penalty for a specific ordinance or regulation contained in this chapter pursuant thereto is adopted. SECTION 3: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and publication. 113 Ordinance #1458 PASSED AND APPROVED THIS 27th DAY OF APRIL 2021. CITY OF MUSKEGO _______________________________ Rick Petfalski, Mayor First reading: April 27, 2021 ATTEST: Clerk-Treasurer Ordinance Published: ______________________ 4/21cmc 114 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1459 AN ORDINANCE TO AMEND CHAPTER 259, SECTION 259-1 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Parks and Recreation Facilities/Definitions.) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 259, Section 259-1, of the Municipal Code of the City of Muskego, is hereby amended to read as follows: § 259-1 Definitions. CITY The City of Muskego, Waukesha County, Wisconsin. COMMITTEE The Parks and Conservation Committee of the City of Muskego, Wisconsin. DEPARTMENT The Public Works and Development Department, including the Parks and Recreation Division, of the City of Muskego, Wisconsin. DIRECTOR The Director of the Public Works and Development Department of the City of Muskego, Wisconsin, who is immediately in charge of the maintenance or recreational use of any park, parkway, or recreation facility within the City, to whom all employees of the Public Works and Development Department, including the Parks and Recreation Division, are responsible. PARK A park, parkway, recreation facility, lake access, public boat launch, playground, beach or open space area, owned or used by the City, devoted to passive or active leisure time activities. PERMIT Any form of approval given in writing, verbally, or through a permit application form by the Director or designee. RECREATION FACILITY A building, owned or used by the City, devoted to passive or active leisure time activities. SECTION 2: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall 115 Ordinance #1459 remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS xx DAY OF MAY 2021. CITY OF MUSKEGO _______________________________ Rick Petfalski, Mayor First reading: April 27, 2021 ATTEST: Clerk-Treasurer Ordinance Published: ______________________ 4/21cmc 116 Council Date April 27, 2021 $273,191.50 Total Voucher Approval $5,518.71 Total Water $5,518.71 5,262.93 Total Sewer $5,262.93 $ #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) $22,880.00 ( $ #2 - Tax Voucher Approval $239,529.86 ( Total General Fund Vouchers $ #3 - General Voucher Approval $730.00 $ Debt Service $ $ #4 - Wire Transfers Approval Check #Amount Check #Amount Total *** Total 0.00 *Total *** Sewer Wire Transfers Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers Water Wire Transfers Sewer Vouchers 239,529.86 Big Muskego Lake Vouchers Development Fund Vouchers Net Total Utility Vouchers 10,781.64 Tax Vouchers Tax Void Checks Total Tax Vouchers 22,880.00 Wire transfers (Approve Separately): Payroll/Invoice Transmittals Void Checks Since Last Report Total General Fund Vouchers (Approve Separately) General Fund Vouchers General Fund Prior Council Correction 117 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number ACE HARDWARE - WINDLAKE 012145 1 Invoice GFCI OUTLET 04/07/2021 04/27/2021 32.77 421 605.54.06.41.5702 Total ACE HARDWARE - WINDLAKE:32.77 AMAZON CAPITAL SERVICES 16LQ-PQH9-Q 1 Invoice IT COPIER TONER 04/09/2021 04/27/2021 115.66 421 100.01.14.00.5701 17HG-QQ4F-X 1 Invoice PRINT 04/11/2021 04/27/2021 360.13 421 100.05.71.01.5711 1FML-JCW4-V 1 Invoice IPAD CASE -UTILITITES 04/20/2021 04/27/2021 27.95 421 100.01.14.00.5506 1FXV-P43M-M 1 Invoice WATER PATROL CLIPS 04/21/2021 04/27/2021 218.53 421 100.02.20.01.5115 1G3N-G3XP-N 1 Invoice FOL - KIDS 04/18/2021 04/27/2021 66.90 421 100.05.71.00.5752 1G3N-G3XP-T 1 Invoice PROGRAMMING - CRAFTERNOON 04/18/2021 04/27/2021 67.74 421 100.05.71.00.6062 1G6F-9RW7-W 1 Invoice FOLDABLE KEYBOARD AND WIRE 04/18/2021 04/27/2021 43.98 421 100.02.20.01.5701 1X43-JLMW-G 1 Invoice PRINT 04/13/2021 04/27/2021 259.74 421 100.05.71.01.5711 1Y91-TNQK-B 1 Invoice PRINT 04/18/2021 04/27/2021 175.26 421 100.05.71.01.5711 Total AMAZON CAPITAL SERVICES:1,335.89 ANDY KRAATZ OVERHEAD DOORS, LLC 2320 1 Invoice SALT SHED DOOR REPAIR 04/11/2021 04/27/2021 525.00 421 100.04.51.03.5704 Total ANDY KRAATZ OVERHEAD DOORS, LLC:525.00 AT & T 0412012601 1 Invoice CENTREX LINE-MONTHLY 04/11/2021 04/27/2021 866.36 421 100.01.06.00.5601 262697410604 1 Invoice CENTREX LINE MONTLY 04/01/2021 04/27/2021 1,200.64 421 100.01.06.00.5601 Total AT & T:2,067.00 BAKER & TAYLOR COMPANY 2035880422 1 Invoice AV 04/01/2021 04/27/2021 19.25 421 100.05.71.02.5711 2035880422 2 Invoice PRINT 04/01/2021 04/27/2021 1,086.15 421 100.05.71.01.5711 2035881176 1 Invoice PRINT 04/02/2021 04/27/2021 1,008.79 421 100.05.71.01.5711 2035887673 1 Invoice PRINT 04/06/2021 04/27/2021 469.07 421 100.05.71.01.5711 2035898834 1 Invoice PRINT 04/12/2021 04/27/2021 1,059.00 421 100.05.71.01.5711 2035906399 1 Invoice PRINT 04/14/2021 04/27/2021 625.57 421 100.05.71.01.5711 5016867730 1 Invoice PRINT 03/31/2021 04/27/2021 80.56 421 100.05.71.01.5711 5016867731 1 Invoice PRINT 03/31/2021 04/27/2021 20.36 421 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:4,368.75 BAKER & TAYLOR ENTERTAINMENT 5016884474 1 Invoice PRINT 04/07/2021 04/27/2021 89.77 421 100.05.71.01.5711 H54855870 1 Invoice AV 03/30/2021 04/27/2021 32.38 421 100.05.71.02.5711 H54855871 1 Invoice AV 03/30/2021 04/27/2021 17.99 421 100.05.71.02.5711 H54890570 1 Invoice AV 04/01/2021 04/27/2021 82.69 421 100.05.71.02.5711 H54890580 1 Invoice AV 04/01/2021 04/27/2021 69.58 421 100.05.71.02.5711 H54901290 1 Invoice AV 04/02/2021 04/27/2021 17.96 421 100.05.71.02.5711 H54942130 1 Invoice AV 04/07/2021 04/27/2021 230.89 421 100.05.71.02.5711 H54959790 1 Invoice AV 04/08/2021 04/27/2021 13.67 421 100.05.71.02.5711 H54978620 1 Invoice AV 04/09/2021 04/27/2021 14.39 421 100.05.71.02.5711 118 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number H54979680 1 Invoice AV 04/09/2021 04/27/2021 13.48 421 100.05.71.02.5711 H55005410 1 Invoice AV 04/13/2021 04/27/2021 10.18 421 100.05.71.02.5711 H55005411 1 Invoice AV 04/13/2021 04/27/2021 21.58 421 100.05.71.02.5711 H55005412 1 Invoice AV 04/13/2021 04/27/2021 17.99 421 100.05.71.02.5711 H55015650 1 Invoice AV 04/13/2021 04/27/2021 12.73 421 100.05.71.02.5711 H55015740 1 Invoice AV 04/13/2021 04/27/2021 14.39 421 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:659.67 BOBCAT PLUS, INC. RB69666 1 Invoice BOBCAT PARTS 03/31/2021 04/27/2021 1,906.34 421 100.04.51.07.5405 Total BOBCAT PLUS, INC.:1,906.34 CDW GOVERNMENT, INC B021738 1 Invoice RETURN OF DOCKS THAT DON'T 03/29/2021 04/27/2021 549.12-421 100.07.01.06.6501 B296551 1 Invoice ANNUAL ANTI-VIRUS 04/03/2021 04/27/2021 5,911.00 421 100.01.14.00.5507 Total CDW GOVERNMENT, INC:5,361.88 COMPLETE OFFICE OF WIS 918876 3 Invoice MAINT SUPPLIES - PD 04/13/2021 04/27/2021 90.40 421 100.02.20.01.5415 918876 1 Invoice MAINT SUPPLIES - CITY HALL 04/13/2021 04/27/2021 45.20 421 100.01.09.00.5703 918876 5 Invoice MAINT SUPPLIES - RECREATION 04/13/2021 04/27/2021 29.55 421 100.04.51.11.5415 918876 4 Invoice MAINT SUPPLIES - LIBRARY 04/13/2021 04/27/2021 45.20 421 100.05.71.00.5703 918876 2 Invoice MAINT SUPPLIES - UTILITIES 04/13/2021 04/27/2021 90.40 421 605.54.06.41.5702 920140 1 Invoice CALCULATOR 04/14/2021 04/27/2021 93.74 421 100.01.03.00.5701 922357 1 Invoice COURT OFFICE SUPPLIES 04/16/2021 04/27/2021 97.75 421 100.01.08.00.5701 922897 1 Invoice COURT OFFICE SUPPLIES 04/16/2021 04/27/2021 2.44 421 100.01.08.00.5701 Total COMPLETE OFFICE OF WIS:494.68 CORE & MAIN LP N981867 1 Invoice CULVERT PIPE 04/09/2021 04/27/2021 3,589.30 421 100.04.51.04.5745 O018145 1 Invoice CULVERT SUPPLIES 04/09/2021 04/27/2021 2,191.92 421 100.04.51.04.5745 Total CORE & MAIN LP:5,781.22 DAVE DROEGKAMP HEATING INC P21-202215 1 Invoice OVERPAYMENT P21-202215 04/19/2021 04/27/2021 51.66 421 100.02.25.00.4250 Total DAVE DROEGKAMP HEATING INC:51.66 DEMCO EDUCATIONAL CORP 6932522 1 Invoice 9" VISTAFOIL AND 2-12 CAP CD C 04/05/2021 04/27/2021 242.44 421 100.05.71.00.5702 Total DEMCO EDUCATIONAL CORP:242.44 EAGLE MEDIA, INC. 00132263 1 Invoice RETIREMENT PLAQUE 04/15/2021 04/27/2021 110.92 421 505.00.00.00.2637 00132313 1 Invoice PUBLIC ACCESS SIGNS 04/08/2021 04/27/2021 60.00 421 100.04.51.03.5743 00132335 1 Invoice ANDERSON UNIFORMS 04/14/2021 04/27/2021 124.80 421 100.02.20.10.5151 Total EAGLE MEDIA, INC.:295.72 FASTENAL COMPANY WIMUK87082 1 Invoice RESTROOM SUPPLIES 04/07/2021 04/27/2021 487.33 421 100.04.51.08.5704 119 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total FASTENAL COMPANY:487.33 FINDAWAY WORLD LLC 347210 1 Invoice AV 04/12/2021 04/27/2021 43.99 421 100.05.71.02.5711 Total FINDAWAY WORLD LLC:43.99 FLEET CHARGE 2052950 1 Invoice OIL, FILTERS, ETC 01/29/2021 04/27/2021 285.31 421 100.04.51.07.5405 2241293P 1 Invoice FILTER 01/11/2021 04/27/2021 91.44 421 100.04.51.07.5405 Total FLEET CHARGE:376.75 GRAEF INC 0114845 1 Invoice GLEN AT PELLMAN FARM 04/15/2021 04/27/2021 139.50 421 507.00.00.00.2691 0114846 1 Invoice HILLENDALE RECONSTRUCTION 04/15/2021 04/27/2021 846.80 421 401.08.91.19.6507 0114847 1 Invoice WILL ROSE APTS 04/15/2021 04/27/2021 3,099.25 421 507.00.00.00.2699 0114848 1 Invoice JEWELL LAKE DENOON DEVELOP 04/15/2021 04/27/2021 239.00 421 507.00.00.00.2777 0114849 1 Invoice HRIN 4 LOT DEVELOPMENT 04/15/2021 04/27/2021 4,924.25 421 507.00.00.00.2783 0114850 1 Invoice MUSKEGO LAKES ESTATES 04/15/2021 04/27/2021 89.00 421 507.00.00.00.2761 0114851 1 Invoice COBBLESTONE COURT DEVELOP 04/15/2021 04/27/2021 4,310.50 421 507.00.00.00.2646 0114852 1 Invoice COMMONWEALTH SCHOOL DEVE 04/15/2021 04/27/2021 89.00 421 507.00.00.00.2754 0114853 1 Invoice PRESBYTERIAN HOMES - TESS C 04/15/2021 04/27/2021 30.00 421 507.00.00.00.2768 0114854 1 Invoice WELL 11 PUMP REPLACEMENT 04/15/2021 04/27/2021 595.00 421 605.00.00.00.1961 0114855 1 Invoice GLEN AT MUSKEGO LAKES 04/15/2021 04/27/2021 7,024.00 421 507.00.00.00.2716 0114856 1 Invoice RENO BERG CROWBAR DEVELO 04/15/2021 04/27/2021 1,202.50 421 507.00.00.00.2725 0114857 1 Invoice DUNKIN' DEVELOPMENT 04/15/2021 04/27/2021 721.00 421 507.00.00.00.2765 0114858 1 Invoice DENOON COUNTRY ESTATES 04/15/2021 04/27/2021 4,187.14 421 507.00.00.00.2796 0114859 1 Invoice ROAD PROGRAM 04/15/2021 04/27/2021 2,849.00 421 100.07.51.02.6502 0114860 1 Invoice GENERAL ENGINEERING SERVIC 04/15/2021 04/27/2021 4,515.00 421 100.04.19.00.5815 0114861 1 Invoice GENERAL ENGINEERING SEWER 04/15/2021 04/27/2021 3,875.25 421 601.61.63.43.5815 0114862 1 Invoice WELL 10 PUMP REPLACEMENT 04/15/2021 04/27/2021 3,686.79 421 605.00.00.00.1935 0114863 1 Invoice WHITEHOUSE CSM 04/15/2021 04/27/2021 240.00 421 507.00.00.00.2689 0114864 1 Invoice MALLARD POINTE SUBDIVISION C 04/15/2021 04/27/2021 732.00 421 507.00.00.00.2740 0114865 1 Invoice MALLARD POINTE DEVELOPMEN 04/15/2021 04/27/2021 1,467.50 421 507.00.00.00.2740 Total GRAEF INC:44,862.48 GRAINGER 9866379986 1 Invoice WOODS RD L/S 04/13/2021 04/27/2021 30.54 421 601.61.61.16.5411 9871698743 1 Invoice WOODS RD L/S 04/16/2021 04/27/2021 43.91 421 601.61.61.16.5411 Total GRAINGER :74.45 HEARTLAND BUSINESS SYSTEMS 435246-H 1 Invoice ANNUAL AP MAINT.04/05/2021 04/27/2021 1,014.38 421 100.01.14.00.5507 435247-H 1 Invoice ANNUAL MAINT. FIREWALL 04/25/2021 04/27/2021 1,367.85 421 100.05.71.00.5505 437715-H 1 Invoice HOST MAINT. YEARLY 04/14/2021 04/27/2021 2,201.00 421 100.01.14.00.5507 437716-H 1 Invoice ANNUAL MAINT- HOSTS 04/14/2021 04/27/2021 2,409.74 421 100.01.14.00.5507 Total HEARTLAND BUSINESS SYSTEMS:6,992.97 HUMPHREY SERVICE PARTS 1238016 1 Invoice PARKS NETS 04/05/2021 04/27/2021 93.80 421 100.04.51.11.5405 1238205 1 Invoice PARK NETS 04/06/2021 04/27/2021 375.20 421 100.04.51.11.5405 1239341 1 Invoice HEX LAG SCREW 04/20/2021 04/27/2021 65.00 421 100.04.51.07.5405 120 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total HUMPHREY SERVICE PARTS:534.00 HYDROCORP 0061440-IN 1 Invoice MCC MARCH 01/21-12/22 03/31/2021 04/27/2021 829.00 421 605.56.09.23.5815 Total HYDROCORP:829.00 IMPACT ACQUISTIONS LLC 2095152 3 Invoice BASE & OVERAGE - MAYOR/LAW 04/12/2021 04/27/2021 552.78 421 100.01.05.00.5506 2095152 7 Invoice BASE & OVERAGE - LIBRARY 04/12/2021 04/27/2021 713.40 421 100.05.71.00.5401 2095152 1 Invoice BASE & OVERAGE - FINANCE 04/12/2021 04/27/2021 896.61 421 100.01.03.00.5410 2095152 5 Invoice BASE & OVERAGE - POLICE 04/12/2021 04/27/2021 569.21 421 100.02.20.01.5410 2095152 4 Invoice BASE & OVERAGE - COURT 04/12/2021 04/27/2021 507.08 421 100.01.08.00.5504 2095152 2 Invoice BASE & OVERAGE - REC 04/12/2021 04/27/2021 578.52 421 100.05.72.10.5401 2095152 6 Invoice BASE & OVERAGE - COMDEV 04/12/2021 04/27/2021 574.38 421 100.06.18.01.5410 Total IMPACT ACQUISTIONS LLC:4,391.98 INTERSTATE POWER SYSTEMS 235739 1 Invoice GENERATOR INSPECTION 04/12/2021 04/27/2021 515.99 421 100.02.20.01.5415 Total INTERSTATE POWER SYSTEMS:515.99 ITU ABSORB TECH, INC MSOAB002247 1 Invoice FIRST AID SUPPLIES 04/06/2021 04/27/2021 39.85 421 100.04.51.01.5228 MSOACB0022 1 Invoice FIRST AID SUPPLIES 04/06/2021 04/27/2021 149.40 421 100.04.51.01.5228 Total ITU ABSORB TECH, INC:189.25 JAMES IMAGING SYSTEMS INC 1062021 1 Invoice TONER DISPATCH 03/30/2021 04/27/2021 95.00 421 100.02.20.01.5610 Total JAMES IMAGING SYSTEMS INC:95.00 JERRY WILLKOMM INC. 400556 1 Invoice 15W40 SYNTHETIC 01/11/2021 04/27/2021 113.94 421 100.04.51.07.5405 Total JERRY WILLKOMM INC.:113.94 JET VAC ENVIRONMENTAL 000003767 1 Invoice CAMERA TRUCK 03/31/2021 04/27/2021 626.45 421 601.61.61.16.5411 Total JET VAC ENVIRONMENTAL:626.45 JM BRENNAN, INC. SALES000128 1 Invoice HVAC PREVENTATIVE MAINT 03/31/2021 04/27/2021 2,580.00 421 100.01.09.00.5415 Total JM BRENNAN, INC.:2,580.00 JOERS, STACI JO042721 1 Invoice CLASS INSTRUCTION- COOKING 04/14/2021 04/27/2021 36.00 421 100.05.72.18.5110 Total JOERS, STACI:36.00 K D TIRE LLC 844 1 Invoice VEHICLE PARTS 04/05/2021 04/27/2021 730.00 421 250.01.00.00.5410 121 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total K D TIRE LLC:730.00 KENOSHA JOINT SRV. 20321 1 Invoice KENOSHA PD WARRANT SAUNDR 04/14/2021 04/27/2021 639.30 421 100.01.08.00.4272 Total KENOSHA JOINT SRV.:639.30 KUJAWA ENTERPRISES INC. 14592 1 Invoice 0421 PLANT MAINTENANCE 04/02/2021 04/27/2021 61.00 421 100.05.71.00.5415 Total KUJAWA ENTERPRISES INC.:61.00 LAKE DENOON LAKE DISTRICT LD042721 1 Invoice 2020 LAKE FEES 04/22/2021 04/27/2021 22,880.00 421 501.00.00.00.2308 Total LAKE DENOON LAKE DISTRICT:22,880.00 LANDMARK STUDIO, LTD 64521 1 Invoice GREEN POSTS 04/14/2021 04/27/2021 912.00 421 100.04.51.03.5743 64522 1 Invoice SIGN POSTS 04/14/2021 04/27/2021 260.00 421 100.04.51.03.5743 Total LANDMARK STUDIO, LTD:1,172.00 LIBERTY PRINTING 09195.1 1 Invoice BUSINESS CARDS - TIM, RICK, ST 04/13/2021 04/27/2021 90.00 421 605.54.06.41.5702 09195.2 1 Invoice BUSINESS CARDS - TIM 04/09/2021 04/27/2021 30.00 421 605.54.06.41.5702 Total LIBERTY PRINTING:120.00 MARCO TECHNOLOGIES LLC INV8645695 1 Invoice PHONE HELP 04/14/2021 04/27/2021 75.00 421 100.01.14.00.5840 Total MARCO TECHNOLOGIES LLC:75.00 MENARDS 3934 1 Invoice SEWER COUPLING/PIPE 04/08/2021 04/27/2021 544.03 421 601.61.61.16.5411 Total MENARDS:544.03 MICROMARKETING LLC 845736 1 Invoice AV 04/06/2021 04/27/2021 40.00 421 100.05.71.02.5711 Total MICROMARKETING LLC:40.00 MIDWEST TAPE 500265203 1 Invoice AV 04/05/2021 04/27/2021 98.98 421 100.05.71.02.5711 Total MIDWEST TAPE:98.98 MILWAUKEE JOURNAL SENTINEL 003768963 1 Invoice ELECTION 03/31/2021 04/27/2021 222.97 421 100.01.03.00.5704 003768963 2 Invoice MISC PUBLICATIONS 03/31/2021 04/27/2021 397.22 421 100.01.06.00.6001 Total MILWAUKEE JOURNAL SENTINEL:620.19 MINNESOTA/WISCONSIN PLAYGROUND 2021067 1 Invoice MANCHESTER PARK- HOPE PLAY 04/07/2021 04/27/2021 54,700.24 421 202.08.94.74.6578 122 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total MINNESOTA/WISCONSIN PLAYGROUND:54,700.24 MOTOROLA SOLUTIONS 16145042 1 Invoice NEW MOTOROLA RADIOS 04/09/2021 04/27/2021 8,929.36 421 410.08.91.20.6520 Total MOTOROLA SOLUTIONS:8,929.36 MUSKEGO NORWAY SCHOOL DISTRICT MU042721 1 Invoice FACILITY USE FEES FOR JANUAR 04/09/2021 04/27/2021 3,515.00 421 100.05.72.10.5420 Total MUSKEGO NORWAY SCHOOL DISTRICT:3,515.00 NEW BERLIN POLICE DEPT. NE/042721 1 Invoice NBPD SEATBELT GRANT 04/16/2021 04/27/2021 981.24 421 100.02.20.01.4127 Total NEW BERLIN POLICE DEPT.:981.24 NORD CONSTRUCTION LLC 568-20 1 Invoice MANCHESTER PLAYGROUND 04/19/2021 04/27/2021 8,500.00 421 202.08.94.74.6578 Total NORD CONSTRUCTION LLC:8,500.00 NORTHERN LAKE SERVICE INC 398138 1 Invoice BACTERIA TESTS 04/16/2021 04/27/2021 22.00 421 605.56.09.23.5865 Total NORTHERN LAKE SERVICE INC:22.00 OLSON'S OUTDOOR POWER 155711 1 Invoice CHAIN SAW PARTS 03/25/2021 04/27/2021 42.42 421 215.06.00.00.5704 Total OLSON'S OUTDOOR POWER:42.42 ORGANIZATION DEVELOPMENT CONSULTANTS 13073 1 Invoice KLINK PSYCH 03/31/2021 04/27/2021 700.00 421 100.02.20.01.5845 Total ORGANIZATION DEVELOPMENT CONSULTANTS:700.00 PAGEFREEZER SOFTWARE, INC. INV-9483 1 Invoice ADDITONAL PD FACEBOOK PAGE 04/09/2021 04/27/2021 240.00 421 100.07.01.06.6504 Total PAGEFREEZER SOFTWARE, INC.:240.00 PARTSMASTER 23661629 1 Invoice NUT NYLON/THERMAPOD BLUE 04/09/2021 04/27/2021 98.28 421 100.04.51.07.5405 Total PARTSMASTER:98.28 POSTMASTER OF MUSKEGO PO042721 1 Invoice POSTAGE FOR SUMMER PROGRA 04/16/2021 04/27/2021 1,700.00 421 100.05.72.10.5820 Total POSTMASTER OF MUSKEGO:1,700.00 PRECISE ALIGNMENT INC 19900 1 Invoice 2004 INTERNATIONAL 04/05/2021 04/27/2021 2,442.32 421 100.04.51.07.5405 Total PRECISE ALIGNMENT INC:2,442.32 123 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number PROHEALTH CARE 19740000 1 Invoice BLOOD DRAWS 04/01/2021 04/27/2021 175.00 421 100.02.20.01.5722 307680 1 Invoice KLINK PHYSICAL 04/01/2021 04/27/2021 146.00 421 100.02.20.01.5845 307690 1 Invoice REED DRUG TEST 04/01/2021 04/27/2021 43.00 421 100.02.20.01.5845 Total PROHEALTH CARE:364.00 QUALITY POWER SOLUTIONS 29864878 1 Invoice TURNKEY INSTALL/DELIVERY/STA 04/14/2021 04/27/2021 32,916.20 421 100.01.06.00.6108 Total QUALITY POWER SOLUTIONS:32,916.20 R.S. PAINT & TOOLS LLC 517251 1 Invoice TILE SPADES 04/14/2021 04/27/2021 108.36 421 100.04.51.08.5415 542040 1 Invoice PINK MARKING PAINT 04/08/2021 04/27/2021 82.56 421 100.04.51.07.5704 Total R.S. PAINT & TOOLS LLC:190.92 RACINE CNTY SHERIFFS DEPT RA042721 1 Invoice JEFFERY BENNETT WARRANT RA 04/13/2021 04/27/2021 285.00 421 100.01.08.00.4272 Total RACINE CNTY SHERIFFS DEPT:285.00 RELIANCE STANDARD LIFE INS CO VPL302974/04 1 Invoice LONG TERM DISSABILITY 04/16/2021 04/27/2021 640.15 421 100.00.00.00.2246 Total RELIANCE STANDARD LIFE INS CO:640.15 RIPLEY, MIKE 00019792 1 Invoice COURT ORDERED REFUND 04/20/2021 04/27/2021 861.00 421 100.01.08.00.4269 00019793 1 Invoice COURT ORDERED REFUND 04/20/2021 04/27/2021 565.00 421 100.01.08.00.4269 Total RIPLEY, MIKE:1,426.00 SAFEWAY PEST MANAGEMENT INC. 658654 1 Invoice OLD PD PEST CONTROL 04/19/2021 04/27/2021 38.00 421 100.02.20.01.5415 658655 1 Invoice APR21 PEST CONTROL 04/19/2021 04/27/2021 35.00 421 100.05.71.00.5415 658656 1 Invoice MONTHLY PEST CONTROL - CH 04/19/2021 04/27/2021 40.00 421 100.01.09.00.5415 659785 1 Invoice NEW PD PEST CONTROL 04/20/2021 04/27/2021 45.00 421 100.02.20.01.5415 Total SAFEWAY PEST MANAGEMENT INC.:158.00 SECURIAN FINANCIAL GROUP, INC. 002832L/04272 1 Invoice MAY 2021 PREMIUMS 04/14/2021 04/27/2021 2,562.08 421 100.00.00.00.2207 Total SECURIAN FINANCIAL GROUP, INC.:2,562.08 SHERWIN INDUSTRIES, INC. SC046490 1 Invoice FIBER MIX BULK 04/07/2021 04/27/2021 1,191.64 421 100.04.51.02.5740 Total SHERWIN INDUSTRIES, INC.:1,191.64 SHERWIN-WILLIAMS CO. 0987-9 1 Invoice ANGLE SASH 03/26/2021 04/27/2021 22.76 421 100.04.51.11.5415 3333-9 1 Invoice GLASS BEADS 04/01/2021 04/27/2021 6,737.50 421 100.04.51.02.5742 3522-7 1 Invoice WHITE PAINT 04/08/2021 04/27/2021 5,692.50 421 100.04.51.02.5742 3546-6 1 Invoice YELLOW PAINT 04/09/2021 04/27/2021 5,692.50 421 100.04.51.02.5742 124 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total SHERWIN-WILLIAMS CO.:18,145.26 SOMAR TEK LLC/ ENTERPRISES 102237 1 Invoice AWARDS FOR AWARDS CEREMO 04/05/2021 04/27/2021 44.99 421 505.00.00.00.2637 102248 1 Invoice CHIEF BADGE 04/13/2021 04/27/2021 110.25 421 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:155.24 STREICHER'S I1495028 1 Invoice TEMPLE VEST 04/05/2021 04/27/2021 800.00 421 100.02.20.01.5227 I1495028 2 Invoice TEMPLE VEST EXCESS 04/05/2021 04/27/2021 191.98 421 100.02.20.01.5151 Total STREICHER'S:991.98 SUNSET LAW ENFORCEMENT 0004959-IN 1 Invoice 9MM AMMO 04/02/2021 04/27/2021 2,380.00 421 100.02.20.01.5720 Total SUNSET LAW ENFORCEMENT:2,380.00 SUPERIOR CHEMICAL 293999 1 Invoice NORTH WOODS 02/24/2021 04/27/2021 441.81 421 100.04.51.08.5415 Total SUPERIOR CHEMICAL:441.81 TAPCO INC. I693995 1 Invoice STREET SIGN 04/07/2021 04/27/2021 69.69 421 100.04.51.03.5743 Total TAPCO INC.:69.69 TIAA COMMERCIAL FINANCE, INC. 8068873 1 Invoice 05/01/21-05/31/21 STAFF PRINTER 04/10/2021 04/27/2021 336.55 421 100.05.71.00.5401 Total TIAA COMMERCIAL FINANCE, INC.:336.55 TIME WARNER CABLE 723336001040 1 Invoice SKATE PARK CONNECTION 04/07/2021 04/27/2021 104.98 421 100.04.51.11.5415 Total TIME WARNER CABLE:104.98 U.S. CELLULAR 0431268208 3 Invoice MONTHLY CHARGE-SEWER SCAD 03/28/2021 04/27/2021 142.75 421 601.61.63.42.5606 0431268208 7 Invoice MONTHLY CHARGE-REC 03/28/2021 04/27/2021 10.00 421 100.05.72.10.5601 0431268208 1 Invoice MONTHLY CHARGE-POLICE 03/28/2021 04/27/2021 49.01 421 100.02.20.01.5604 0431268208 5 Invoice MONTHLY CHARGE-FINANCE 03/28/2021 04/27/2021 30.00 421 100.01.03.00.5601 0431268208 4 Invoice MONTHLY CHARGE-IS 03/28/2021 04/27/2021 40.00 421 100.01.14.00.5601 0431268208 2 Invoice MONTHLY CHARGE-WATER SCAD 03/28/2021 04/27/2021 142.75 421 605.56.09.21.5607 0431268208 6 Invoice MONTHLY CHARGE-DPW 03/28/2021 04/27/2021 365.00 421 100.04.51.01.5605 Total U.S. CELLULAR:779.51 UNEMPLOYMENT INSURANCE 000010727840 1 Invoice BENEFIT CHARGES MARCH 2021 03/31/2021 04/27/2021 2,232.91 421 100.01.06.00.6020 Total UNEMPLOYMENT INSURANCE:2,232.91 VERIZON WIRELESS 9877312791 1 Invoice PD MONTHLY CELL 04/10/2021 04/27/2021 731.27 421 100.02.20.01.5604 125 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total VERIZON WIRELESS:731.27 WAUKESHA COUNTY TREASURER 2021-2004004 1 Invoice INMATE BILLING 04/08/2021 04/27/2021 37.28 421 100.01.08.00.6017 2021-22DUMP 1 Invoice REFUSE HAULER PERMIT REFUN 04/07/2021 04/27/2021 280.00 421 100.01.02.00.4262 Total WAUKESHA COUNTY TREASURER:317.28 WE ENERGIES 1000067026 1 Invoice LIGHTING RYAN DR & MIKAYLA CT 04/09/2021 04/27/2021 448.00 421 100.04.51.06.5916 3660241673 1 Invoice STREET LIGHTING 04/05/2021 04/27/2021 7,508.92 421 100.04.51.06.5910 Total WE ENERGIES:7,956.92 WELDERS SUPPLY COMPANY 10204167 1 Invoice MONTHLY ACETYLENE 03/31/2021 04/27/2021 6.65 421 100.04.51.07.5405 10207135 1 Invoice 1 YEAR PREPAID RENTAL 04/15/2021 04/27/2021 385.00 421 100.04.51.07.5405 Total WELDERS SUPPLY COMPANY:391.65 WESTERN CULVERT & SUPPLY INC 062874 1 Invoice CULVERT SUPPLIES 04/16/2021 04/27/2021 3,698.50 421 100.04.51.04.5745 Total WESTERN CULVERT & SUPPLY INC:3,698.50 Grand Totals: 273,191.50 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" 126 Approved by the Wisconsin Real Estate Examining Board 1/1/2021 (Optional Use Date) 2/1/2021 (Mandatory Use Date)Page 1 of 12, WB-13 WB-13 VACANT LAND OFFER TO PURCHASE 1 LICENSEE DRAFTING THIS OFFER ON [DATE] IS (AGENT OF BUYER) 2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE 3 The Buyer, 4 offers to purchase the Property known as 5 6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 650-664, or 7 attach as an addendum per line 686] in the of , 8 County of Wisconsin, on the following terms: 9 The purchase price isPURCHASE PRICE 10 Dollars ($ ). 11 Included in purchase price is the Property, all Fixtures on the Property as of the dateINCLUDED IN PURCHASE PRICE 12 stated on line 1 of this Offer (unless excluded at lines 17-18), and the following additional items: 13 14 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included 15 or not included. Annual crops are not part of the purchase price unless otherwise agreed. 16 Not included in purchase price is Seller’s personal property (unless included atNOT INCLUDED IN PURCHASE PRICE lines 12-13) and the following:17 18 19 CAUTION: Identify Fixtures that are on the Property (see lines 21-25) to be excluded by Seller or that are rented and will continue to be owned by the lessor.20 21 “Fixture” is defined as an item of property which is physically attached to or so closely associated with land so as to be 22 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage 23 to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but not 24 limited to, all: perennial crops, garden bulbs; plants; shrubs and trees; fences; storage buildings on permanent foundations 25 and docks/piers on permanent foundations. 26 CAUTION: Exclude any Fixtures to be retained by Seller or that are rented on lines 17-18 or at lines 650-664 or in 27 an addendum per line 686. 28 This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to BuyerBINDING ACCEPTANCE .29 on or before 30 Seller may keep the Property on the market and accept secondary offers after binding acceptance of this Offer. 31 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer. 32 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical 33 copies of the Offer. 34 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term 35 Deadlines running from acceptance provide adequate time for both binding acceptance and performance. 36 CLOSING This transaction is to be closed on 37 38 at the place selected by Seller, unless otherwise agreed by the Parties in writing. If the date for closing falls on a Saturday, 39 Sunday, or a federal or a state holiday, the closing date shall be the next Business Day. 40 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently 41 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real 42 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money 43 transfer instructions. 44 EARNEST MONEY 45 EARNEST MONEY of $ accompanies this Offer. 46 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledged. 47 EARNEST MONEY of $ will be mailed, or commercially, electronically 48 or personally delivered within days (“5” if left blank) after acceptance. 49 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as 50 ) STRIKE THOSE NOT APPLICABLE 51 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller). 52 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an 53 attorney as lines 56-76 do not apply. If someone other than Buyer pays earnest money, consider a special 54 disbursement agreement. 55 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing. Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Realty Executives Integrity-Brookfield April 2, 2021 Sylwia G Enerson Woods Rd city lot, .6726 acres of tax key no. 2227.989.012, city Muskego Waukesha Sixty-Five Thousand 65,000.00 n/a n/a April 30, 2021 a future date mutually agreed to by all parties. Realty Executives Integrity-Brookfield, 13005 W. Bluemound Rd. Brookfield WI 53005 262-783-7080 262-783-4885 Woods Rd Monica Duerwachter Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 40127 Property Address:Page 2 of 12, WB-13 56 DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the 57 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository 58 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall 59 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according 60 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been 61 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the 62 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller; 63 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4) 64 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain 65 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the 66 earnest money any costs and reasonable attorneys’ fees, not to exceed $250, prior to disbursement. 67 LEGAL RIGHTS/ACTION: The Firm’s disbursement of earnest money does not determine the legal rights of the Parties 68 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest 69 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party 70 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified 71 mail. If Buyer or Seller disagrees with the Firm’s proposed disbursement, a lawsuit may be filed to obtain a court order 72 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of 73 residential property with one-to-four dwelling units. Buyer and Seller should consider consulting attorneys regarding their 74 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional75 Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18.76 TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3)77 occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in78 this Offer except:79 . If “Time is of the Essence” applies to a date or Deadline,80 failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date81 or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs.82 83 VACANT LAND DISCLOSURE REPORT Wisconsin law requires owners of real property that does not include any 84 buildings to provide Buyers with a Vacant Land Disclosure Report. Excluded from this requirement are sales exempt from 85 the real estate transfer fee and sales by certain court-appointed fiduciaries, for example, personal representatives, who 86 have never occupied the Property. The form of the Report is found in Wis. Stat. § 709.033. The law provides: "§ 709.02 87 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale . . ., to 88 the prospective buyer of the property a completed copy of the report . . . A prospective buyer who does not receive a report 89 within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale . . . by 90 delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if 91 a Vacant Land Disclosure Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is 92 submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding 93 rescission rights. 94 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has 95 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 101-181) other than those identified in 96 Seller's Vacant Land Disclosure Report dated , which was received by Buyer prior to Buyer signing this Offer and that is made a part of this Offer by reference97 COMPLETE DATE OR STRIKE AS APPLICABLE and98 99 100 INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE REPORT 101 “Conditions Affecting the Property or Transaction” are defined to include: 102 a. Flooding, standing water, drainage problems, or other water problems on or affecting the Property. b. Impact fees or another condition or occurrence that would significantly increase development costs or reduce the value103 104 of the property to a reasonable person with knowledge of the nature and scope of the condition or occurrence. c. Brownfields (abandoned, idled, or underused land that may be subject to environmental contamination) or other105 106 contaminated land on the property, or that contaminated soils on the property have been cleaned up under the Petroleum 107 Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial or cleanup program, the DATCP Agricultural Chemical Cleanup Program, or other similar program.108 d. Subsoil conditions that would significantly increase the cost of development, including, but not limited to, subsurface109 foundations or waste material; any type of fill; dumpsites where pesticides, herbicides, fertilizer, or other toxic or hazardous110 111 materials or containers for these materials were disposed of in violation of manufacturer or government guidelines or other laws regulating such disposal; high groundwater; adverse soil conditions, such as low load-bearing capacity, earth or soil112 movement, settling, upheavals, or slides; excessive rocks or rock formations; or other soil problems.113 e. Material violation of an environmental rule or other rule or agreement regulating the use of the Property.114 f. Defects caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in115 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 41128 Property Address:Page 3 of 12, WB-13 116 soil, or other potentially hazardous or toxic substances on the Property; manufacture of methamphetamine or other 117 hazardous or toxic substances on the Property; or high voltage electric (100 KV or greater) or steel natural gas transmission 118 lines located on but not directly serving the Property. 119 g. Defects caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic 120 substances on neighboring properties. h. The Property is served by a joint well; Defects related to a joint well serving the Property; or Defects in a well on the121 Property or in a well that serves the Property, including unsafe well water due to contaminants such as coliform, nitrates, or122 atrazine, or any out-of-service wells or cisterns that are required to be abandoned (see § NR 812.26, Wis. Adm. Code) but123 that are not closed or abandoned according to applicable regulations.124 i. Defects in any septic system or other private sanitary disposal system on the Property; or any out-of-service septic125 system serving the Property not closed or abandoned according to applicable regulations. j. Underground or aboveground fuel storage tanks presently or previously on the Property for storage of flammable or127 combustible liquids including, but not limited to, gasoline or heating oil; or Defects in the underground or aboveground fuel128 storage tanks on or previously located on the Property. Defects in underground or aboveground fuel storage tanks may129 include items such as abandoned tanks not closed in conformance with applicable local, state, and federal law; leaking;130 corrosion; or failure to meet operating standards. (The owner, by law, may have to register the tanks with the Department131 of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, Wisconsin, 53708, whether the tanks are in use132 or not. Department regulations may require closure or removal of unused tanks.)133 k. Existing or abandoned manure storage facilities located on the property.134 l. Notice of property tax increases, other than normal annual increases, or pending Property tax reassessment;135 remodeling that may increase the Property's assessed value; pending special assessments; or Property is within a special136 purpose district, such as a drainage district, that has authority to impose assessments on the Property.137 m. Proposed, planned, or commenced public improvements or public construction projects that may result in special138 assessments or that may otherwise materially affect the Property or the present use of the Property; or any land division139 involving the Property without required state or local permits.140 n. The Property is part of or subject to a subdivision homeowners’ association; or the Property is not a condominium unit141 142 and there are common areas associated with the Property that are co-owned with others. 143 o. Any zoning code violations with respect to the Property; the Property or any portion thereof is located in a floodplain, wetland or shoreland zoning area under local, state or federal regulations; or the Property is subject to a mitigation plan144 required by Wisconsin Department of Natural Resources (DNR) rules related to county shoreland zoning ordinances, that145 146 obligates the Property owner to establish or maintain certain measures related to shoreland conditions, enforceable by the 147 county. 148 p. Nonconforming uses of the Property (a nonconforming use is a use of land that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance); conservation149 easements (a conservation easement is a legal agreement in which a property owner conveys some of the rights associated150 with ownership of his or her property to an easement holder such as a governmental unit or a qualified nonprofit organization151 to protect the natural habitat of fish, wildlife, or plants or a similar ecosystem, preserve areas for outdoor recreation or152 education, or for similar purposes); restrictive covenants or deed restrictions on the Property; or, other than public rights-of-153 way, nonowners having rights to use part of the Property, including, but not limited to, private rights-of-way and easements154 other than recorded utility easements.155 156 q. All or part of the Property has been assessed as agricultural land; has been assessed a use-value assessment 157 conversion charge; or payment of a use-value assessment conversion charge has been deferred. r. All or part of the Property is subject to, enrolled in, or in violation of a farmland preservation agreement, Forest Crop158 Law, Managed Forest Law, the Conservation Reserve Program, or a comparable program.159 160 s. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will be transferred with the Property because the dam is owned collectively by a homeowners’ association, lake district, or161 162 similar group of which the Property owner is a member. 163 t. No legal access to the Property; or boundary or lot line disputes, encroachments or encumbrances (including a joint 164 driveway) affecting the Property. Encroachments often involve some type of physical object belonging to one person but 165 partially located on or overlapping on land belonging to another; such as, without limitation, fences, houses, garages, 166 driveways, gardens, and landscaping. Encumbrances include, without limitation, a right or claim of another to a portion of the Property or to the use of the Property such as a joint driveway, liens, and licenses.167 168 u. Government agency, court order, or federal, state, or local regulations requiring repair, alteration or correction of an 169 existing condition. 170 v. A pier attached to the Property not in compliance with state or local pier regulations; a written agreement affecting 171 riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric operator. 172 w. Material damage from fire, wind, flood, earthquake, expansive soil, erosion, or landslide. 173 x. Significant odor, noise, water diversion, water intrusion, or other irritants emanating from neighboring property. 174 y. Significant crop damage from disease, insects, soil contamination, wildlife, or other causes; diseased or dying trees or 175 shrubs; or substantial injuries or disease in livestock on the Property or neighboring property. z. Animal, reptile, or other insect infestations; drainage easement or grading problems; excessive sliding; or any other176 177 Defect or material condition. Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 42129 Property Address:Page 4 of 12, WB-13 aa. Archeological artifacts, mineral rights, orchards, or endangered species, or one or more burial sites on the Property.178 179 Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f).bb. cc. Other Defects affecting the Property such as any agreements that bind subsequent owners of the property, such as a180 lease agreement or an extension of credit from an electric cooperative.181 182 GOVERNMENT PROGRAMS:Seller shall deliver to Buyer, within days (“15” if left blank) after acceptance of this Offer, a list of all federal, state, county, and local conservation, farmland, environmental, or other land use programs,183 184 agreements, restrictions, or conservation easements, which apply to any part of the Property (e.g., farmland preservation agreements, farmland preservation or exclusive agricultural zoning, use value assessments, Forest Crop, Managed Forest,185 Conservation Reserve Program, wetland mitigation, shoreland zoning mitigation plan or comparable programs), along with186 187 disclosure of any penalties, fees, withdrawal charges, or payback obligations pending, or currently deferred, if any. This contingency will be deemed satisfied unless Buyer delivers to Seller, within 7 days after the deadline for delivery, a notice188 189 terminating this Offer based upon the use restrictions, program requirements, and/or amount of any penalty, fee, charge, or 190 payback obligation. CAUTION: If Buyer does not terminate this Offer, Buyer is hereby agreeing that Buyer will continue in such191 programs, as may apply, and Buyer agrees to reimburse Seller should Buyer fail to continue any such program192 such that Seller incurs any costs, penalties, damages, or fees that are imposed because the program is not193 194 continued after sale. The Parties agree this provision survives closing. 195 MANAGED FOREST LAND:If all, or part, of the Property is managed forest land under the Managed Forest Law (MFL) program, this designation will continue after closing. Buyer is advised as follows: The MFL is a landowner incentive196 197 program that encourages sustainable forestry on private woodlands by reducing and deferring property taxes. Orders 198 designating lands as managed forest lands remain in effect for 25 or 50 years. When ownership of land enrolled in the MFL program changes, the new owner must sign and file a report of the change of ownership on a form provided by the199 200 Department of Natural Resources and pay a fee. By filing this form, the new owner agrees to the associated MFL management plan and the MFL program rules. The DNR Division of Forestry monitors forest management plan201 202 compliance. Changes a landowner makes to property that is subject to an order designating it as managed forest land, or to its use, may jeopardize benefits under the program or may cause the property to be withdrawn from the program203 and may result in the assessment of penalties. For more information call the local DNR forester or visit204 https://dnr.wisconsin.gov/topic/forestry .205 USE VALUE ASSESSMENTS:The use value assessment system values agricultural land based on the income that206 207 would be generated from its rental for agricultural use rather than its fair market value. When a person converts agricultural 208 land to a non-agricultural use (e.g., residential or commercial development), that person may owe a conversion charge. To obtain more information about the use value law or conversion charge, contact the Wisconsin Department of Revenue's209 210 Equalization Bureau or visit http://www.revenue.wi.gov/. 211 FARMLAND PRESERVATION:The early termination of a farmland preservation agreement or removal of land from such 212 an agreement can trigger payment of a conversion fee equal to 3 times the per acre value of the land. Contact the 213 Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management or visit http://www.datcp.state.wi.us/for more information.214 215 CONSERVATION RESERVE PROGRAM (CRP):The CRP encourages farmers, through contracts with the U.S. Department of Agriculture, to stop growing crops on highly erodible or environmentally sensitive land and instead to plant216 217 a protective cover of grass or trees. CRP contracts run for 10 to 15 years, and owners receive an annual rent as well as 218 certain incentive payments and cost share assistance for establishing long-term, resource-conserving ground cover. Removing lands from the CRP in breach of a contract can be quite costly. For more information call the state Farm Service219 Agency office or visit http://www.fsa.usda.gov/220 .SHORELAND ZONING ORDINANCES:All counties must adopt uniform shoreland zoning ordinances in compliance with221 Wis. Admin. Code Chapter NR 115. County shoreland zoning ordinances apply to all unincorporated land within 1,000222 223 feet of a navigable lake, pond or flowage or within 300 feet of a navigable river or stream and establish minimum standards for building setbacks and height limits, cutting trees and shrubs, lot sizes, water runoff, impervious surface standards (that224 may be exceeded if a mitigation plan is adopted and recorded) and repairs to nonconforming structures. Buyers must225 conform to any existing mitigation plans. For more information call the county zoning office or visit https://dnr.wi.gov/.226 Buyer is advised to check with the applicable city, town or village for additional shoreland zoning or shoreland-wetland227 228 zoning restrictions, if any. FENCES:Wis. Stat. § 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares229 230 where one or both of the properties is used and occupied for farming or grazing purposes. 231 CAUTION: Consider an agreement addressing responsibility for fences if Property or adjoining land is used and occupied for farming or grazing purposes.232 233 PROPERTY DEVELOPMENT WARNING:If Buyer contemplates developing Property for a use other than the current use, 234 there are a variety of issues that should be addressed to ensure the development or new use is feasible. Buyer is solely responsible to verify the current zoning allows for the proposed use of the Property at lines 251-255. Municipal and zoning235 236 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses and therefore should be reviewed. Building permits, zoning or zoning variances, Architectural Control Committee approvals,237 estimates for utility hook-up expenses, special assessments, changes for installation of roads or utilities, environmental238 239 audits, subsoil tests, or other development related fees may need to be obtained or verified in order to determine the 240 feasibility of development of, or a particular use for, a property. Optional contingencies that allow Buyer to investigate certain of these issues can be found at lines 244-304 and Buyer may add contingencies as needed in addenda (see line 686).241 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 43130 Property Address:Page 5 of 12, WB-13 242 Buyer should review any plans for development or use changes to determine what issues should be addressed in these 243 contingencies. 244 PROPOSED USE CONTINGENCIES:This Offer is contingent upon Buyer obtaining, at Buyer’s expense, the reports or 245 documentation required by any optional provisions checked on lines 256-281 below. The optional provisions checked on lines 256-281 shall be deemed satisfied unless Buyer, within days (“30” if left blank) after acceptance, delivers: (1)246 written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence247 248 substantiating why each specific provision referred to in Buyer’s notice cannot be satisfied. Upon delivery of Buyer’s notice, 249 this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions 250 checked at lines 256-281. Proposed Use:Buyer is purchasing the Property for the purpose of:251 252 253 [insert proposed use 254 and type or style of building(s), size and proposed building location(s), if a requirement of Buyer’s condition to purchase, e.g.1400-1600 sq. ft. three-bedroom single family ranch home in northwest corner of lot].255 ZONING:Verification of zoning and that the Property’s zoning allows Buyer’s proposed use described at lines256 251-255.257 SUBSOILS:Written evidence from a qualified soils expert that the Property is free of any subsoil condition that258 would make the proposed use described at lines 251-255 impossible or significantly increase the costs of such259 development.260 PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) SUITABILITY:Written evidence from a261 certified soils tester that: (a) the soils at the Property locations selected by Buyer, and (b) all other conditions that must262 be approved, meet the legal requirements in effect on the date of this Offer to obtain a permit for a POWTS for use of263 the Property as stated on lines 251-255. The POWTS (septic system) allowed by the written evidence must be one of264 the following POWTS that is approved by the State for use with the type of property identified at lines 251-255 CHECK265 ALL THAT APPLY conventional in-ground; mound; at grade; in-ground pressure distribution; holding266 tank; other:.267 EASEMENTS AND RESTRICTIONS:Copies of all public and private easements, covenants and restrictions268 affecting the Property and a written determination by a qualified independent third party that none of these prohibit or269significantly delay or increase the costs of the proposed use or development identified at lines 251-255.270 APPROVALS/PERMITS:Permits, approvals and licenses, as appropriate, or the final discretionary action by the271granting authority prior to the issuance of such permits or building permit, approvals and licenses, for the following items272 related to Buyer’s proposed use:273 274 .275 UTILITIES:Written verification of the location of the following utility service connections (e.g., on the Property, at the lot line, across the street, etc.) CHECK AND COMPLETE AS APPLICABLE :276 277 electricity ;gas ; sewer ; 278 water ; telephone ; cable ; 279 other . 280 ACCESS TO PROPERTY:Written verification that there is legal vehicular access to the Property from public 281 roads. 282 LAND USE APPROVAL/PERMITS:This Offer is contingent upon (Buyer)(Seller) STRIKE ONE (“Buyer” if neither stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY rezoning; conditional use permit;283 284 variance; other for the Property for its proposed use described at lines 251-255. 285 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void.286 MAP OF THE PROPERTY:This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE (“Seller287 providing” if neither is stricken) a Map of the Property dated subsequent to the date of acceptance of this Offer prepared by288 289 STRIKE ONEa registered land surveyor, within days (“30” if left blank) after acceptance, at (Buyer's) (Seller's) 290 (“Seller’s” if neither is stricken) expense. The map shall show minimum of acres, maximum of 291 acres, the legal description of the Property, the Property's boundaries and dimensions, visible encroachments upon the Property, the location of improvements, if any, and:292 293 STRIKE AND COMPLETE AS APPLICABLE Additional map features that may294 295 be added include but are not limited to: staking of all corners of the Property; identifying dedicated and apparent streets; lot 296 dimensions; total acreage or square footage; easements or rights-of-way. 297 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required 298 to obtain the map when setting the deadline. This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers299 to Seller a copy of the map and a written notice which identifies: (1) the significant encroachment; (2) information materially300 inconsistent with prior representations; or (3) failure to meet requirements stated within this contingency. Upon delivery of301 302 Buyer’s notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a n/a n/a n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 44131 Property Address:Page 6 of 12, WB-13 303 provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written 304 notice of termination to Seller prior to Buyer’s Actual Receipt of said map from Seller. INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a305 306 part of this Offer. An “inspection” is defined as an observation of the Property, which does not include an appraisal or testing 307 of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel 308 source, which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air or 309 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer’s 310 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the 311 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise 312 provided, Seller’s authorization for inspections does not authorize Buyer to conduct testing of the Property. 313 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of 314 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any 315 other material terms of the contingency. 316 Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed 317 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to 318 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution that may be required to be 319 reported to the Wisconsin Department of Natural Resources. 320 INSPECTION CONTINGENCY:This contingency only authorizes inspections, not testing (see lines 305-319). 321 (1) This Offer is contingent upon a qualified independent inspector conducting an inspection of the Property after the date 322 on line 1 of this Offer that discloses no Defects. 323 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an 324 inspection of 325 (list any Property component(s) 326 to be separately inspected, e.g., dumpsite, timber quality, invasive species, etc.) that discloses no Defects. 327 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection, provided 328 they occur prior to the Deadline specified at line 333. Inspection(s) shall be performed by a qualified independent 329 inspector or independent qualified third party. 330 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s). 331 CAUTION: Buyer should provide sufficient time for the Property inspection and/or any specialized inspection(s), 332 as well as any follow-up inspection(s). 333 This contingency shall be deemed satisfied unless Buyer, within days (“15” if left blank) after acceptance, delivers 334 to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the 335 Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects). 336 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement. 337 For the purposes of this contingency, Defects do not include structural, mechanical or other conditions the nature and extent 338 of which Buyer had actual knowledge or written notice before signing this Offer. 339 NOTE: “Defect” as defined on lines 553-555 means a condition that would have a significant adverse effect on the 340 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or 341 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life 342 of the premises. 343 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure the Defects. 344 If Seller has the right to cure, Seller may satisfy this contingency by: 345 (“10” if left blank) days after Buyer's delivery of the Notice of Defects(1) delivering written notice to Buyer within 346 stating Seller’s election to cure Defects; 347 (2) curing the Defects in a good and workmanlike manner; and 348 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing. 349 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and: 350 (1) Seller does not have the right to cure; or 351 (2) Seller has the right to cure but: 352 (a) Seller delivers written notice that Seller will not cure; or 353 (b) Seller does not timely deliver the written notice of election to cure. 354 IF LINE 355 IS NOT MARKED OR IS MARKED N/A LINES 403-414 APPLY. 355 FINANCING COMMITMENT CONTINGENCY:This Offer is contingent upon Buyer being able to obtain a written 356 [loan type or specific lender, if any] first mortgage loan commitment as described 357 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than $ 358 for a term of not less than years, amortized over not less than years. Initial monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender’s359 required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance360 premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees361 to pay discount points in an amount not to exceed % (“0” if left blank) of the loan. If Buyer is using multiple loan362 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 45132 Property Address:Page 7 of 12, WB-13 sources or obtaining a construction loan or land contract financing, describe at lines 650-664 or in an addendum attached363 364 per line 686. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow365 lender’s appraiser access to the Property.366 367 LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments368 shall be adjusted as necessary to maintain the term and amortization stated above.369 CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 371 or 372.370 371 %.FIXED RATE FINANCING:The annual rate of interest shall not exceed 372 ADJUSTABLE RATE FINANCING:The initial interest rate shall not exceed %. The initial interest rate 373 shall be fixed for months, at which time the interest rate may be increased not more than % (“2” if 374 left blank) at the first adjustment and by not more than % (“1” if left blank) at each subsequent adjustment. 375 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % (“6” if left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes.376 377 SATISFACTION OF FINANCING COMMITMENT CONTINGENCY: If Buyer qualifies for the loan described in this Offer 378 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitment. 379 This contingency shall be satisfied if, after Buyer’s review, Buyer delivers to Seller a copy of a written loan commitment 380 (even if subject to conditions) that is: (1) signed by Buyer; or381 (2) accompanied by Buyer’s written direction for delivery.382 383 Delivery of a loan commitment by Buyer’s lender or delivery accompanied by a notice of unacceptability shall not satisfy 384 this contingency. 385 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to 386 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commitment Contingency from the Offer and shifts the risk to Buyer if the loan is not funded.387 SELLER TERMINATION RIGHTS: If Buyer does not deliver a loan commitment on or before the Deadline on line 357.388 389 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of 390 written loan commitment from Buyer. 391 FINANCING COMMITMENT UNAVAILABILITY: If a financing commitment is not available on the terms stated in this Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer shall392 promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of393 394 unavailability. 395 SELLER FINANCING:Seller shall have 10 days after the earlier of: (1) Buyer delivery of written notice of evidence of unavailability as noted in lines 391-394: or396 (2) the Deadline for delivery of the loan commitment on line 357,397 to deliver to Buyer written notice of Seller's decision to (finance this transaction with a note and mortgage under the same398 399 terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly. If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to400 401 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit worthiness for Seller financing.402 IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (“7” if left blank) after403 acceptance, Buyer shall deliver to Seller either:404 (1) reasonable written verification from a financial institution or third party in control of Buyer’s funds that Buyer has, at405 406 the time of verification, sufficient funds to close; or 407 (2) 408 [Specify documentation Buyer agrees to deliver to Seller]. 409 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written notice to Buyer prior to Seller’s Actual Receipt of a copy of Buyer’s written verification. Buyer may or may not obtain410 mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer’s411 appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not subject412 to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of413 access for an appraisal constitute a financing commitment contingency.414 APPRAISAL CONTINGENCY:This Offer is contingent upon Buyer or Buyer’s lender having the Property appraised415 at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated416 subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than417 the agreed upon purchase price.418 This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a copy419 of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting420 to the appraised value.421 422 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure. 423 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase price to the value shown on the appraisal report within days (“5” if left blank) after Buyer’s delivery of the appraisal424 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 46133 Property Address:Page 8 of 12, WB-13 report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated425 426 by either party after delivery of Seller’s notice, solely to reflect the adjusted purchase price. 427 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written 428 appraisal report and: 429 (1) Seller does not have the right to cure; or 430 (2) Seller has the right to cure but: 431 (a) Seller delivers written notice that Seller will not adjust the purchase price; or 432 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the appraisal 433 report. 434 NOTE: An executed FHA, VA or USDA Amendatory clause may supersede this contingency. 435 CLOSING OF BUYER'S PROPERTY CONTINGENCY:This Offer is contingent upon the closing of the sale of Buyer’s property located at436 437 no later than (the Deadline). If closing does not occur by the Deadline, this Offer shall 438 become null and void unless Buyer delivers to Seller, on or before the Deadline, reasonable written verification from a 439 financial institution or third party in control of Buyer's funds that Buyer has, at the time of verification, sufficient funds to close 440 or proof of bridge loan financing, along with a written notice waiving this contingency. Delivery of verification or proof of 441 bridge loan shall not extend the closing date for this Offer. BUMP CLAUSE:If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer that another442 offer has been accepted. If Buyer does not deliver to Seller the documentation listed below within443 hours (“72” if 444 left blank) after Buyer's Actual Receipt of said notice, this Offer shall be null and void. Buyer must deliver the following: 445 (1) Written waiver of the Closing of Buyer's Property Contingency if line 435 is marked; 446 (2) Written waiver of 447 (name other contingencies, if any); and 448 (3) Any of the following checked below: 449 Proof of bridge loan financing. 450 Proof of ability to close from a financial institution or third party in control of Buyer’s funds which shall provide 451 Seller with reasonable written verification that Buyer has, at the time of verification, sufficient funds to close. 452 Other: 453 454 [insert other requirements, if any (e.g., payment of additional earnest money, etc.)] 455 SECONDARY OFFER:This Offer is secondary to a prior accepted offer. This Offer shall become primary upon 456 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer 457 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other 458 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to 459 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (“7” 460 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time this 461 Offer becomes primary. 462 HOMEOWNERS ASSOCIATION If this Property is subject to a homeowners association, Buyer is aware the Property may 463 be subject to periodic association fees after closing and one-time fees resulting from transfer of the Property. Any one-time 464 fees resulting from transfer of the Property shall be paid at closing by (Seller) (Buyer) STRIKE ONE (“Buyer” if neither is 465 stricken). 466 CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values: 467 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners 468 association assessments, fuel and . 469 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used. Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing.470 Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA :471 472 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate 473 taxes are defined as general property taxes after state tax credits and lottery credits are deducted.) NOTE: THIS CHOICE 474 APPLIES IF NO BOX IS CHECKED. 475 Current assessment times current mill rate (current means as of the date of closing). 476 Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior year, or current year if known, multiplied by current mill rate (current means as of the date of closing).477 .478 CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be479 substantially different than the amount used for proration especially in transactions involving new construction,480 extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local481 assessor regarding possible tax changes.482 Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on483 the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5484 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a n/a X Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 47134 Property Address:Page 9 of 12, WB-13 485 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall 486 re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction.487 488 TITLE EVIDENCE 489 CONVEYANCE OF TITLE:Upon payment of the purchase price, Seller shall convey the Property by warranty deed (trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as490 491 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements 492 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use 493 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s Vacant Land 494 Disclosure Report and in this Offer, general taxes levied in the year of closing and 495 (insert other allowable exceptions from title, if496 497 any) that constitutes merchantable title for purposes of this transaction. Seller, at Seller’s cost, shall complete and execute 498 the documents necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee. WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements499 500 may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates 501 making improvements to Property or a use other than the current use. 502 TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of 503 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer’s504 505 lender and recording the deed or other conveyance. 506 GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s) 507 STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded 508 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance 509 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or 510 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 516- 511 523). 512 DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney 513 or Buyer not more than days after acceptance (“15” if left blank), showing title to the Property as of a date no more 514 than 15 days before delivery of such title evidence to be merchantable per lines 489-498, subject only to liens which will be 515 paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate. 516 TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of 517 days (“15” if left blank) after delivery of the title commitment to Buyer or Buyer’s attorney. Inobjections to title within 518 such event, Seller shall have days (“15” if left blank) from Buyer’s delivery of the notice stating title objections, to 519 deliver notice to Buyer stating Seller’s election to remove the objections by the time set for closing. If Seller is unable to 520 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the 521 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, Buyer shall deliver 522 written notice of termination and this Offer shall be null and void. Providing title evidence acceptable for closing does not 523 extinguish Seller’s obligations to give merchantable title to Buyer. 524 SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced 525 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments 526 shall be paid by Buyer. “Levied” means the local municipal governing body has adopted and published a final resolution 527 describing the planned improvements and the assessment of benefits. 528 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special 529 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are 530 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments) 531 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all 532 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact 533 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f). LEASED PROPERTY534 If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights 535 under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the 536 (written) (oral) STRIKE ONE lease(s), if any, are 537 538 . Insert additional terms, if any, at lines 650-664 or attach as an addendum per line 686. 539 DEFINITIONS 540 ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document 541 or written notice physically in the Party’s possession, regardless of the method of delivery. If the document or written notice 542 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission. 543 BUSINESS DAY: “Business Day” means a calendar day other than Saturday, Sunday, any legal public holiday under 544 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 48135 Property Address:Page 10 of 12, WB-13 545 registered mail or make regular deliveries on that day. 546 DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the547 548 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of549 550 “hours” from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by 551 counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific 552 event, such as closing, expire at Midnight of that day. “Midnight” is defined as 11:59 p.m. Central Time. 553 DEFECT: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would 554 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the premises.555 FIRM: “Firm” means a licensed sole proprietor broker or a licensed broker business entity.556 557 PARTY: “Party” means the Buyer or the Seller; “Parties” refers to both the buyer and the Seller. 558 PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-8. 559 INCLUSION OF OPTIONAL PROVISIONS Terms of this Offer that are preceded by an OPEN BOX ( ) are part of 560 this offer ONLY if the box is marked such as with an “X”. They are not part of this offer if marked “N/A” or are left blank. PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land dimensions, or total acreage or square561 562 footage figures, provided to Buyer by Seller or by a Firm or its agents, may be approximate because of rounding, formulas 563 used or other reasons, unless verified by survey or other means. 564 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land 565 dimensions, if material. 566 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the567 568 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession 569 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession 570 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts, 571 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this 572 Offer to the seller or seller’s agent of another property that Seller intends on purchasing. 573 MAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier 574 of closing or Buyer’s occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for ordinary wear and tear.575 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING If, prior to closing, the Property is damaged in an576 577 amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer 578 in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of 579 this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than 580 closing. If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of 581 the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such 582 damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit 583 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed 584 by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring the Property.585 BUYER’S PRE-CLOSING WALK-THROUGH Within three days prior to closing, at a reasonable time pre-approved by586 587 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no significant change in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and588 that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties.589 OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in590 this Offer at lines 534-538 or in an addendum attached per line 686, or lines 650-664 if the Property is leased. At time of591 592 Buyer's occupancy, Property shall be free of all debris, refuse, and personal property except for personal property belonging to current tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any.593 594 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting595 party to liability for damages or other legal remedies.596 If Buyer defaults, Seller may:597 (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or598 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual599 damages.600 If Seller defaults, Buyer may:601 (1) sue for specific performance; or602 (2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.603 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 49136 Property Address:Page 11 of 12, WB-13 604 In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Party605 defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above.606 By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the607 608 arbitration agreement. 609 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL610 EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR611 OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT612 613 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED. 614 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller 615 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds and inures to the benefit of the Parties to this Offer and their successors in interest.616 NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons617 http://www.doc.wi.govregistered with the registry by contacting the Wisconsin Department of Corrections on the Internet at618 619 or by telephone at (608) 240-5830. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA)Section 1445 of the Internal Revenue Code (IRC)620 provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the621 622 total “Amount Realized” in the sale if the transferor (Seller) is a “Foreign Person” and no exception from FIRPTA withholding 623 applies. A “Foreign Person” is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign 624 estate. The “Amount Realized” is the sum of the cash paid, the fair market value of other property transferred, and the 625 amount of any liability assumed by Buyer. CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer626 may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed627 628 upon the Property. 629 Seller hereby represents that Seller is a non-Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a 630 condition report incorporated in this Offer per lines 94-97, or (2) no later than 10 days after acceptance, Seller delivers 631 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 637-639 apply. IF SELLER IS A NON-FOREIGN PERSON.Seller shall, no later than closing, execute and deliver to Buyer, or a qualified632 substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller’s633 634 non-foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller’s non-foreign status, 635 Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this 636 Offer and proceed under lines 601-608. 637 IF SELLER IS A FOREIGN PERSON.If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding638 639 amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision. 640 COMPLIANCE WITH FIRPTA.Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, 641 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC 642 §1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall 643 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms,644 645 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees. 646 Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed. 647 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption 648 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding FIRPTA.649 ADDITIONAL PROVISIONS/CONTINGENCIES650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , Line 37 to read: no later than June 25, 2021. Buyer may not sell this land in the future unless attached to current property. Woods Rd Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 50137 Property Address:Page 12 of 12, WB-13 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and665 written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines666 688-683.667 (1)Personal: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at668 line 670 or 671.669 Name of Seller's recipient for delivery, if any:670 Name of Buyer's recipient for delivery, if any:671 (2)Fax: fax transmission of the document or written notice to the following number:672 Seller: ( ) Buyer: ( )673 (3)Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a commercial674 delivery service, addressed either to the Party, or to the Party's recipient for delivery, for delivery to the Party's address at675 line 679 or 680.676 (4)U.S.Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the677 Party, or to the Party's recipient for delivery, for delivery to the Party's address.678 Address for Seller:679 Address for Buyer:680 (5)Email: electronically transmitting the document or written notice to the email address.681 Email Address for Seller:682 Email Address for Buyer:683 PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller684 constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers.685 ADDENDA:The attached is/are made part of this Offer.686 This Offer was drafted by [Licensee and Firm]687 688 (x)689 Buyer’s Signature Print Name Here Date690 (x)691 Buyer’s Signature Print Name Here Date692 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS693 OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE694 PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A695 696 COPY OF THIS OFFER. 697 (x) Seller’s Signature Print Name Here Date698 699 (x) Seller’s Signature Print Name Here Date700 701 This Offer was presented to Seller by [Licensee and Firm] on at a.m./p.m.702 703 This Offer is countered [See attached counter]This Offer is rejected704 Seller Initials Date Seller Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd city lot, .6726 acres , , n/a n/a n/a X monicaduerwachter@gmail.com Monica Duerwachter, Realty Executives Integrity Woods Rd Sylwia G Enerson April 2, 2021 Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F 51138