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CCR1980042RESOLUTION 1/42-80 APPROVAL OF AGREEMENT BETWEEN THE CITY AND OWNER OF LOTS IN LAKE BRITTANY ESTATES WHEREAS, the subdivider's agreement between the City of Muskego and the developers of Lake Brittany Estates provides that sufficient monies shall be escrowd to insure completion of required improvements, and WHEREAS, the balance in the escrow account is not sufficient. to cover the'costs of the improvements which remain. to be completed, and WHEREAS, the city has received a request for-the release of $14,006.00 to pay for landscaping which has been done, and WHEREAS, a release of those funds would further deplete the escrow account, and WHEREAS, the owner of several lots in Lake Brittany Estates has agreed to add $25,000.00 to the .escrow account upon the sale of the first two lots, effective February 28, 1980, and WHEREAS, the 'Public Works Committee has recommended that the Common Council approve the agreement, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee, does hereby approve of the attached agreement between the City of Muskego and Wallace J. Syring in order that the residents of Lake Brittany Estates can be assured that improvements required by the city will be completed. DATED THIS 1 1 & DAY OF , 1980 PUBLIC WORKS COMMITTEE P A1cl-rb.lichael B. We!& ATTEST : 3/80 je .. AGREEMENT WEREAS, Wallace J. Syring is the owner of certain lots located in the City Huskego; County of Waukesha, State of Wisconsin, and legally described as^ fOllOWS: . Lots-,l~7~,.-~-a,;-~37,~.~57,-~6~1,~. 63;764,:-17.4 and"7.6 in lake-Brittany- -.: Estates, a part of NE 114 and SE 114 in Section 12, Township 5 North, Range 22 East, and WHEREAS, there has been established an escrow account for use in completion of required improvements in Lake Brittany Estates, and WHEREAS, the City of -Muskego is interested in..assuring ,that- sufficient funds would be available for said completion, . e NOW THEREFORE, for a good and valuable consideration and in order, to accomplish the above, the undersigned owner of said lots does hereby agree that all lots shall be subject to a lien and subject to the withholding of issuance of building permits unless the sum of $12,500.00 from proceeds of the sale of each of the first two lots sold or total of $25,m.00 is paid into said escrow account or unless the owner and city otherwise agree in vri ting. Wallace J. Syring a owner of said escrow account does hereby author- of 2 14PO@ - co ize disbursement of amount at this time to pay for landscaping improvements already completed. 0 I 7d Signed and sealed this day of - .F&B. , 1980. I AUTHENTICATION Title: Member State Bar of Wisconsin (If not, authorized by Sec.706.06, Wis. Stats.) THIS INSTRUMENT WAS DRAFTED BY Attorney Arthur H. Fink, Jr. ACKNOWLEDGMENT STATE OF WISCONSIN) COUNTY) (5s. Personally came before me, this day of , 1980, the above named known to be the person who executed the foregoing instrument and acknowledge the same. , to me Notary Public, County. WI My commission is permanent. (If not, state expiration date: 1 . .. .