CCR1988216AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #216-88
APPROVAL OF SUBDIVIDER'S AGREEMENT
BAY BREEZE
WHEREAS, the Subdivider's Agreement has been submitted for the
Bay Breeze development, and
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the Subdivider's Agreement as
attached, as amended, subject to the approval of the City
Attorney.
DATED THIS 27th DAY OF September , 1988.
FINANCE COMMITTEE
Ald. Mitchel Penovich
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
ATTEST :
City Clerk
Corrected
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #216-88
APPROVAL OF SUBDIVIDER'S AGREEMENT
BAY BREEZE /
WHEREAS, the Subdivider's Agre
Bay Breeze development, and
WHEREAS, the Finance Committee
NOW, THEREFORE, BE IT RESOLVED
City of Muskego, upon the reco
Commission, does hereby approv
attached, subject to the appro
DATED THIS , 1988.
FINANCE COMMITTEE
Ald. Mitchel Penovich
/ /
ATTEST :
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #216-88
APPROVAL OF SUBDIVIDER'S AGREEMENT
BAY BREEZE
WHEREAS, the Subdivider's Agre
Bay Breeze development, and
WHEREAS, the Finance Committee
BE IT FURTHER RESOLVED that th
attached, with corrections pur
City Attorney.
recommendation, is hereby appr
DATED THIS DAY OF , 1988.
FINANCE COMMITTEE
/ Aid. Mitchel Penovich
/ Ald. Edwin P. Dumke
/
ATTEST : / f City Clerk /
Ald. Daniel J. Hilt
. CITY OF MUSKEGO
NOTICE OF DEVELOPER‘S AGREEMENT AFFECTING LAND
PLEASE TAKE NOTICE that the Common Council of the City of
Nuskego has entered into a Developer’s Agreement dated the
30th day of September, 1988 with the owner/developer of the
following described property:
SEE ATTACHED EXHIBIT “K”
obligations that have been imposed upon the land
PLEASE TAKE FURTHER NOTICE that there are a number of
owner/developer of the above described property that apply
to the land involved, irrespective of future ownership and
shall continue with the land as deed restrictions.
PLEASE TAKE FURTHER NOTICE that a complete copy of the
Developer’s Agreement is obtainable by contacting the City
Clerk of the City of Nuskego during regular business hours.
This Notice of Developer’s Agteement dated at Muskego,
Uisconsin, this 30th day of September, 1988.
BY THE COMMON COUNCIL:
JEAN K. MARENDA, clerk
DEVELOPERS AGREEHENT
This agreement, made this xmday of
f/-.-"yn , 1988 by
and between Ingersoll Development 6-rp., a Wisconsin
Corporation, hereinaiter called~ the "Developer", and The
Wisconsin, located in Waukesha County, hereinafter called
City of Muskego, a municipal corporation of the State of
the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a
proposed plan for Bay Breeze, part of a Planned Unit
Development, a copy of which is attached hereto, made a part
hereof and marked Exhibit "A" (the Planned Unit
Development); and
WHEREAS, The governing body of the City requires that the
Developer make and install certain public improvements
reasonably necessary for the Development and the
construction of said improvements shall be according to
municipal specifications without cost to said municipality;
and
WHERAS, the City's Engineers have duly approved the
Developer's plans and specifications for the Planned Unit
approved and authorized the terms and provisions of this
Development's improvements and the Comqon Council has duly
agreement and approved the plan of Bay Breeze Condominiums.
NOU, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
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SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
A. SURFACE WATER DRAINAGE
1. Construct, install, furnish and provide adequate
Works Committee for storm and surface water drainage
facilities as approved by the City engineer and the Public
throughout the specifications attached hereto, made a part
hereof and marked Exhibit "B".
easements as may be required in any public street or
2. The City shall furnish to the Developer such permits or
property to enter upon and install the above described
surface water drainage system.
3. Upon installation and testing of the surface water
drainage system, the Developer hereby agrees to provide to
I the City, without cost, an as-built drawing of the completed
I@ surface water drainage system
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B. WATER
1. Construct, install, furnish and provide a complete system
of water supply and distribution, throughout the entire
and in accordance with the plans and specifications attached
Planned Unit Development, as approved by the City Engineer
hereto as Exhibit"C".
2. Shall re-imburse the City for the cost associa.ted with
the drafting of an as-built plan of the water system, as
constructed by the Developer.
C. SANITARY SEWER
1. Construct, install, furnish and provide a complete
sanitary sewage collection system throughout the entire
Planned Unit Development, all in accordance with the plans,
specifications and drawings attached hereto as Exhibit "D".
2. Upon installation and testing of the sanitary sewer
without cost, an as-built plan of the completed sanitary
system, the Developer hereby agrees to provide the City,
sewer sys tem.
D. LANDSCAPING
1. Preserve existing trees, wherever possible, in the I
construction of the Planned Unit Development improvements.
outbuildings, destroyed trees, brush tree trunks, shrubs and
2. Remove and lawfully dispose of all old barns,
other similar natural growth and all rubbish.
3. The Developer agrees to install and maintain all
with the plans and specifications attached hereto as Exhibit
landscaping and berms along Janesville Rd. in accordance
"E". In addition, the Developer agrees to have grass planted
in front and on these berms, as called for on the landscape
plan, by the end of the first planting season after
construction of the berms along Janesville Rd. and no later
than 12 months after the signing of this agreement.
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E. ROADS AND STREETS:
Grade and improve all roads and streets in accordance with
the plat of said Planned Unit Development and the plans and
specifications attached hereto, made a part hereof and
marked Exhibit "F", all in accordance with the City's street
specifications .
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The dedicated improvements set forth in Section 111 and the
landscaping as set forth in Section I, paragraph D herein
shall be completed by the Developer in total within twelve
(12) months of the date of this agreement. All remaining
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completed by the Developer in total within eighteen (18)
improvements, as set forth in Secton I above, shall be
months from the date of this agreement. Execept that the
Developer agrees to install the final road surface no later
than 6 months af fer the completion of the last condominium
building, weather conditions permitting.
SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement,
of the above described improvements, unconditionally give,
Developer shall, without charge to the City, upon completion
grant, convey and fully dedicate the public water system, as
described in Section I., paragraph E. above, to the City,
encumbrances whatever, together with and including, without
its successors and assigns, forever, free and clear of all
limitation because of enumeration, any and all land,
machinery, equipment, appurtenances and hereditaments which
buildings, structures, mains, conduits, pipe lines plant,
may in any way be a part of or pertain to such improvements
and together with any and all necessary easements for access
there to.
0 SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developer shall pay and reimburse the City all fees as
Land Division Ordinapce. These fees to include, but not
required and at the times specified in Section 10 of its
dedication fees to be $13,200.00 (74 condominium units X
limited to the payment of park dedication fees. These park
lots along Park Dr. that are part of this Development) will
$200.00 per unit minus $1,600.00 for fees already paid for
be paid at time of acceptance of the certified survey map by
responsibility for park dedication fees for parcel 1 of the
the City. These fees will represent the Developers
above mentioned certified survey map. The parks dedications
fees for Parcel 2 of the above mentioned certified survey
map will be $200.00 (1 park dedication fee) at this time.
parcel shall not become due and payable until such time as
Any additional park dedication fees associated for this
the developer returns to the Common Council with a revised
certified survey map showing the land division for the
single family home sites as approved by the Plan Commission
and the Common Council and as described in this agreement
under Section V. paragraphs J, K, and L. In addition the
Developer agrees to pay to the City all fees associated with
the condominiums being constructed on Parcel 1 of the above
mentioned certified survey map.
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SECTION V. MISCELLANEOUS REQUIREMENTS: -
The Developer Shall:
A. Easements:
Provide any easements on Developer’s land deemed necessary
by the City Engineers before the final approval, provided
such easements are so located as not to render any part of
the planned unit development uobuildable or unsaleable.
B. BIKE PATH:
1. Provide for the coostructioo of a bike path. This bike
path to be constructed by the Developer, but is to be re-
imbursed by the City for 50% of the cost of construction,
but not to exceed $5,638.50 on the City’s portion. The cost
associated for this constructioo are to be limited to the
cost of preparation of the land under the path and the
installation of the asphalt surface. It is the City’s
responsibilty to obtain all neccessary permits for the
construction of said bike path, Including the cost of said
permits. This bike path is to begin at the Developers
Southeast corner of said prdperty and continue west across
Developers property for approx. 1,210 feet to a point
intersecting with the center area of Pioneer Drive. It is to
be located 4” (feet) from the north edge of Janesville Rd.
Once installed, it will be the City’s responsibility to
maintain and to provide insurance for said bike path. Said
maintance shall include, but is not limited to the
following: Surface maintance, saou removal (as the City
deems necessary), marking, garbage control. The Developer
reserves the right at any time to cross said bike path with
the construction of roads into Developers property, and will
maintain the integrety of said path at Developers expense.
Developer agrees to construct the entire footage of bike
path concurrently with the first lift of asphalt for the
streets serving Phase I.
a
C. STREET SIGNS
Reimburse the City for the cost of all street signs and
posts and the cos; of their installation, this to -include
all traffic signs.
D. MANNER OF PERFORMANCE:
Cause all construction called for by this agreement to be
carried out and performed in a good and workmanlike manner. -
E. SURVEY MONUMENTS:
Properly place and install any survey or other monuments
required by statute or ordinance.
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F. GRADES:
Furnish to the Building Inspector of the City a copy of
Exhibit "A" showing the street grade in the front of each
building, the yard grade of the common areas around each
building.
G. STREET LIGHTS:
Install street lights in accordance with the plans, and
drawings attached hereto as Exhibit "G".
H. SIGHT DISTANCES:
Restrict common areas so that no fence, wall, hedge, or
shrub planting which obstructs sight lines at elevations
between Two (2) and Six (6) feet above the roadways shall be
placed or permitted to remain on any corner within the
line connecting them at points twenty-five (25) feet from
triangular area formed by the street property lines and a
the intersection of the street lines, or in the case of a
rounded property corner, from the intersection of the street
property lines extended.
I. BOAT SLIPS
1. Private - Not constuct more than 1 vrivate boat sliv for
every condominium unit constructed. Said boat slips shall
extend a distance of approximately 70 feet from shore, plus
or minus 5 feet. At no time will the total number of private
boat slips be more than seventy-four (74). Additionally,
these private boat slips will only be available to owners of
unit, and no unit may own more than one (1) slip.
the condominium units and shall be limited to one (1) per
2. Semi-private - Not to construct more than twenty-five
use facility. These boat slips will not be available for
(25) semi-private boat slips in front of the proposed mixed-
rent. The intent of these piers are for the use of the
mixed-use facility.
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3. EXISTlNG HOUSE AT SOUTHUEST CORNER OF PROPERTY:
Within two years (2) of the signing of this agreement either
renovate the exterior of the above mentioned house, commonly
known as the "Masterson Home", or demolish said house.
Renovation to include the exterior and replacement of
rotting window frames. The zoning for this house, or any
building constructed in its place will have the same rights
as that of "00s" zoning district as defined by the Muskego
Zoning Ordinance.
K. MIXED-USE FACILITY:
Have the right to construct a mixed use facility on the
property as shown and attached hereto as Exhibit "H", as
approved by the Muskego Planing Commission. Prior to
constrtuction of said mixed-use facility, Developer will go
back to the Plan Commission for approval of drawings of the
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elevation of said building. Should Developer decide not to
build said mixed used building, the Developer will have the
right to construct a maximum of ten (10) single family homes
in its place.
L. SINGLE FAMILY HOMES AT WEST END OF PROPERTY:
Have the right to construct up to a maximun of seven (7)
single family homes at the west end of the property as shown
and attached hereto as Exhibit ”I”, as approved by the
Muskego Planning Commission.
M. BYLAWS OF BAY BREEZE CONDOMINIUMS:
Attach as Dart of this aEreement is a copy of the original -
condominium declaration and the By-laws o€ the condominium
complex known as “Bay Brezze Condominiums”. That declaration
and by-laws are attached hereto as Exhibit “J”. Once said
declaration and by-laws have been accepted by the
condominium association, the association, though due process
as outlined in the bylaws, can amend or change said by-laws
without notification or consent by the City, as long as said
change or amendment is within present municipal law as
outlined in the City’s ordinances. Bay Breeze Condominiums
will include seventy-four (74) condominiums located at the
east end of the property, and for assesment purposes, be
treated as on-lake property as defined by the “Little
Huskego Lake Protection and Rehabilitation District”, as
shown and attached hereto as Exhibit “A”. As part of the
are not limited to the follo.wing: private roads and
private improvements. These improvements shall include, but
driveways, storm sewer system, sanitary sewer system and
landscaping.
0 associations responsiblities will be the maintance of the
N. SEEDING OF DISTURBED AREAS
Agrees to seed all areas that have been disturbed by
appearance for more than 6 months. Said seeding will be done
construction, but may not be put into final grade or
by the Developer in a timely manner so as not to create any
adverse affect on the lake .
0. TENNIS COURT
To construct a tennis court, as shown on Exhibit “A“
attached. The Developer agrees to construct said tennis
court the earlier of four (4) years from the date of this
agreement, or 6 months after completion of the last
condominium building to be built, weather permitting.
P. BOAT STORAGE BUILDING
To construct a boat storage building, as shown on Exhibit
storage building the earlier of four (4) years from the date
“H” attached. The Developer agrees to construct said boat
of this agreement, or 6 months after completion of the last
condominium building to be built, weather permitting.
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Q. BAINTAINANCE OF LANDSCAPING ON DEDICATED LAND
Agrees to provide the maintainance of the landscaping on the
land dedicated to the city, state, or county. This
maintainace shall include the regular mowing of said land.
SECTION VI. GUARANTEES:
The Developer shall guarantee the public water system and
landscaping described in Section I. items B and D hereof,
against defects due to faulty materials or workmanship
provided that such defects appear within a period of one (1)
year from the date of dedication and acceptance of the
public water system. 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
Wisconsin law on negligence shall govern such situation.
the City might have for negligent workmanship or materials.
SECTION VII. GENERAL INDEBNITY:
any provisions of this agreement or documents incorporated
In addition to, and not to the exclusion or prejudice of,
herein by reference, Developer shall indemnify and save
harmless the City, its officers, agents and employees, and
shall defend the same from and against any and all
liability, claims, loss damages, interest actions, suits,
judgements, costs, expenses, attorney’s fees, and the like
obtained, which may in any manner result from or arise in
to whomsoever owed and by whomsoever and whenever brought or
negli.gent construction or operation or improvements covered
the course of, out of, or as a result of the Developer’s
infringement by it of any patent, trademark, trade name or
thereby, or its violation of any law or ordinance, the
copywrite, and its use of road improvements prior to their
formal dedication and acceptance by the City.
SECTION VIII. AGREEBENT FOR BENEFIT OF PURCHASERS:
The Developer agrees that in addition to the City-s rights
herein, the provisions of this agreement shall be for the
benefit of the purchaser of any lot, or condominium unit, as
applicable, or any interest in any lot, parcel of land, or
condominium unit in the Planned Unit Development.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the
improvements herein required, and shall dedicate the same to
the City as set forth herein, the same shall be accepted by
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the City if said improvements have been completed as
required by this agreement and as required by applicable
City ordinances and other applicable law ana approved by the
City Engineers.
SECTION X. EROSION CONTROL PLAN AND PERMIT:
The Developer shall submit to the City, an application for a
accordance with the requirements of Section 29.06 of the
land disturbing permit and an erosion control plan in
City’s Erosion Control Ordinance (Ord. #560).
SECTION XI. CONSTRUCTION PERMITS, ETC.:
1. The City shall, within its authority, issue such permits,
adopt such resolutions, and execute such documents as may be
necessary to permit 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; and the City shall cooperate with
Developer in obtaining similar permits, resolutions and
documents as may be necessary from other authorities having
jurisdiction in the premises.
2. The City shall, as coodition of the Developer executing
this agreement, make available to the Developer or its
nominee SUCC~SSO~S or assigns, building permits for the
construction of condominium units subject to the provision
of Section XII.
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SECTION XII. BUILDING AND OCCUPANCY PERMITS:
1. The Developer shall be allowed to construct any dwelling
units after the state has approved said building plans and
after obtaining a local building permit.
2. No occupancy permit will be issued for any dwelling units
until the City Engineers have determined the following:
A. Sewer and surface water drainage facilities, and
public water facility that are required to serve each
dwelling unit are in and approved.
each dwelling unit.
B. The condition of the roads are sufficient to service
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
herein by reference, and all such provisions shall bind the
All the provisions of the City-s ordinances are incorporated
Parties hereto and be a part of this agreement as fully as
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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 XIV. FINANCIAL GUARANTEE:
Prior to execution of this contract by the City, the
Developer shall file with the City a letter of credit
setting forth terms and conditions approved by the City
Attorney in the amount of $110,000.00 as a guarantee that
the required improvements, as spelled out in Section I,
Paragraphs B and D will be completed by the Developer and
his subcontractors no later than twelve months (12) from the
date of the agreement, and as a further guarantee that all
obligations to the subcontractors for work on the
development are satisfied.
a
The Developer, its successors, heirs and assigns shall be
and are bound by the term of this Agreement, a short form of
which shall be recorded pursuant to this paragraph and its
terms and conditions shall be convenants running with the
attached hereto and made a part hereof; if the improvements
land which is legally described on Exhibit "K" which is
surface water drainage, sanitary sewer, roads and streets,
required by this agreement including, but not limited to,
boat slips, bike path, tennis court and other similar
improvemets are not made by the owners of this property as
maintained in a reasonable manner, the City may specially
required by the Developer's Agreement and/or are not
assess andlor specially charge all of the owners of the
property described on Exhibit "K" the cost of making and/or
maintaining said improvements and the City, its agents,
employees and/or contractors are granted and shall have the
right to enter on the lands described in Exhibit "K" so as
Agreement shall run with the land as a deed restriction.
to make and/or maintain said improvements. This entire
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DEVELOPE&; CITY OF HUSKEGO:
Wayn Salentine
Ma yo r
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LIST OF EXRIBITS
EXHIBIT A PLAN - BAY BREEZE CONDO'S - PART OF A P. U. D.
EXHIBIT B SUFACE WATER DRAINAGE PLAN WITH SPECS
EXHIBIT. C WATER SYSTEM WITH SPECS
EXHIBIT D SANITARY SEWER SYSTEM WITH SPECS
EXHIBIT E LANDSCAPING PLAN ALONG JANESVILLE RD.
EXHIBIT F ROAD PLANS AND SPECS
EXHIBIT G LIGHTING PLAN
EXHIBIT H LOCATION - MIXED USE FACILITY
EXHIBIT I SINGLE 'FAMILY HOMES - WEST END OF PROPERTY
EXHIBIT J BYLAWS AND DECLARATION - BAY BREEZE
EXHIBIT K LEGAL DESCRIPTION
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and a division of Ian,
SF;." nf LI;c?*nc;" b
\ 5s
thence North 01' 17' 1111" West along the West line of the said Southeast l/4 Section,
1713 68 feet to a point in 1.11~ center oi Janesville Road "S T.H. 24", and a poink or a
curve, said point also being the place of beginning of lands hel--inafter described
Road and the 21-c of said curvc, bdhosc (.cntc:l- lie5 to the Sotlcheast, hose radiuL is
11115 78 fect and whoze chord lbears North ;Id 39' 56" Cast, 68 83 feet to a poinf; chencc
North 13' 116' 15" West, 581 55 feet to a Ipoirlt on the Meander Line; thence North 77 21'
West iine of che said Southeast 1/11 Section; lhencc NrjrLh 65 13' 58" East along said
58" East aiong ths Meander Line of Little Mlljkego Lake, 195 21 feet to a point on the
Meander Line, 652.75 feet to a point; tllcnce Noi-th 42 32' 43" East along the sJid
Meander Line, 653 54 feet to a point in the NorIhwest corner of CerI:iI'ied Survey ?lap No
5140; thence South 18' 23' 117" East along the W?st line 01 sdid Certified Slurvey Map,
216.13 feet to a !point in the Southwest corner of said Certified Survey Map; thence
North 39' 25' 13" East along the Souch Iille of Lake Drive, 177.09 feet tg the West line
of Nuziwgo Beclch Park Addition, a subdivision cf record; thelce South 18 29' '17'' East
along the West line of the said subdivibion, 20'1 IO feet tu the Northwest corncr of Lot
6, Block B of said subdivision; thence North 71' 30' 13" East alor,g the North line of
Lot 6, 140.00 feet to LI point on the Uest line of Park Drive; thence South 18' 29' 117''
East along the West. 1 ine of Park Drive, 608.00 feet to the South I ine of Lot 16; thence
South 62' IS' 14'' West alons the South line of Lot 18, 141.84 feet to the West line of
said subdivision; thence South 18' 29' 117'' East along the West line of said subdivision,
185.64 feet to the center1 ine of Janesvi I le Road and the arc of a curve; thence South-
westerly, 213 75 feet along the centerline of Janesville Road and the arc, of said curve,
whose radius lies to the Northwest, whose radius is 763.80 feet and whose chosd bears
West along the centerline of Janesville Road, 691.95 Leet to a point; thence North IO
South 72' 03' 13.5" West, 213.05 feet to a point of tangency; thence South 80 011' 27:
21' 33" West, 173.19 fget to a point; thence South 80 04' 27" West, 84.00 feet to a
point; thence Scuth 10 11' 33" East,. 8.18 Feet to a point; thence South 80° 04' 27"
West, 172.80 feet to a point; thence South 10' ll'o?3" West, 165.00 feet to a point in
the centerline of Jdnesville Road; thence South 80 04' 27" West along the centerline
of Jancsville Road, 262.24 feet to a point of
curve; thence Southwesterly, 133.7.1 feet along
:he centerline OF Janesville Road and the arc
of said curve, whose center lies to the South-
east, whose radius is 1145.78 feet and whose
chord bears Sou!h 76' 43' 50" West, 133.65
fcet to the point of beginning.
way purposes.
Line and the Shoreline of Little Muskego Lake
are incltlded in Lhis description
Commencing at the Southwest corner of Ihe Southeast 1/11 of said Section 9, running
Thence rulining Southwesce.rly, 68 611 leet alang the centerline of said Janesvil le
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Excepting the Southerly 60 fcet for High-
All of the lands lying between the Meander
Dated this 28th day of July, 1989
This instrument was drafcccl by Michael J 1.05ik, 5-1065, Job 140 88-29, SheeL 3 OF 5
BY-LAWS
OF
BAY BREEZE CONDOMINIUM ASSOCIATION, LTD.
ARTICLE I
Name and Purpose
Pursuant to the Articles of Incorporation of Bay Breeze
Condominium Association, Ltd., and the Condominium Declaration
for BAY BREEZE CONDOMINIUM recorded in the Office of the
Register of Deeds for Waukesha County, Wisconsin (hereinafter
BREEZE CONDOMINIUM ASSOCIATION, LTD. (hereinafter sometimes
"Declaration"), the following are adopted as the By-Laws of BAY
referred to as the "Association"), which is a non-profit
non-stock corporation formed and organized to serve as an
association of Unit Owners who own real estate and improvements
ownership, as provided in the Condominium Ownership Act under
(hereinafter the "Property") under the condominium form of
the laws of the State of Wisconsin and subject to the terms and
conditions of the Declaration.
These By-Laws shall be deemed covenants running with the
land and shall be binding on the unit owners, their heirs,
0 personal representatives, successors and assigns.
ARTICLE I1
Members, Voting and Meetings
2.1 Members. The rights and qualifications of the
members are as follows:
a. Defined. Members of the Association shall be
unit owned. Every unit owner upon acquiring title to a
all unit owners, and members shall have one vote for each
unit under the terms of the Declaration shall
automatically become a member of the Association and
ownership of such unit ceases for any reason, at which
shall remain a member thereof until such time as his/her
time his/her membership in the Association shall
automatically cease.
b. One Membership and Vote Per Unit. One
membership and one vote shall exist for each unit. If
membership related to that unit shall be shared by such
title to a unit is held by more than one person, the
oGiners in the same proportionate interests and by the
same type of tenancy in which the title to the unit is
held. Voting rights may not be split, and shared
membership interest must be voted pursuant to the
designation contained in the Membership List.
C.
maintain a current Membership List showing the membership
Membership List. The Association shall
pertaining to each unit, the address to which note of the
meetings of the Association shall be sent, mortgagee of
the unit, if any, and the person designated to cast the
one vote pertaining to such unit. Only the person so
designated shall be entitled to cast a vote in person or
by proxy. A voting designation may be limited in time or
may be changed by notice in writing to the Secretary of
the Association signed by a majority of the persons
having an ownership interest in the unit.
shall be appurtenant to the unit upon which it is based
d. Transfer of Membership. Each membership
and shall be transferred automatically upon conveyance of
that unit. Membership in the Association may not be
transferred, except in connection with the transfer of a
unit. Upon transfer of a unit, the Association shall, as
soon as possible thereafter, be given written notice of
such transfer, including the name and address of the new
owner, identification of unit, date of transfer, name of
about the transfer which the Association may deem the person designated to vote, and any other information
pertinent, and the Association shall make appropriate
changes to the Membership List effective as of the date
of transfer .
Certificates to its members.
The Association may provide Membership
2.2 Quorum and Proxies for Member's Meetings. A quorum
for members' meetings shall consist of a majority of votes
entitled to vote. Votes may be cast in person or by proxy in
accordance with designations in the Membership List. Proxies
shall be valid only for the particular meeting(s) or time
period designated therein, up to a maximum of 180 days, unless
appointed time of the meeting. If any meeting of members
sooner revoked, and must be filed with the Secretary before the
of the members who are present, either in person or by proxy,
cannot be organized because a quorum is not present, a majority
may adjourn the meeting from time to time until a quorum is
present, without further notice. At such adjourned meeting at
which a quorum shall be present or represented any business may
be transacted which might have been transacted at the meeting
as originally noticed.
the Association present in person or by proxy at any meeting at
2.3 Act By Majority. The act of a majority of votes of
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0 which quorum is present shall be the act of the Association,
unless provided otherwise under the Wisconsin Condominium Law.
Meetings. Written notice of all meetings stating the time and
2.4 Time, Place, Notice and Calling of Members'
place and the purposes for which the meeting is called shall be
given by the President or Secretary, unless waived in writing
by all unit owners, to each member at his address as it appears
on the books of the Association and shall be mailed or
personally delivered not less than ten (10) days nor more than
sixty (60) days prior to the date of the meeting. Notice of
meetings may be waived before or after meetings. Meetings
shall be held at such time and place as may be designated by
the Board of Directors.
2.5 Annual and Special Meetings. The annual meeting
shall be held on the second Tuesday in November of each year
other business authorized to be transacted by the members.
for the purpose of electing directors and of transacting any
by the President or any two members of the Board of Directors
Special meetings of the members shall be held whenever called
and must be called by such officers upon receipt of a written
request signed by members within ten percent (10%) or more of
all votes entitled to be cast.
ARTICLE I11
Board of Directors
3.1 Initial Board of Directors. The initial Board of
Directors shall consist of three (3) persons, appointed by
Declarant, who need not be members of the Association, to serve
until control of the Association passes to the unit owners
pursuant to terms of the Declaration. Notwithstanding the
foregoing, prior to the conveyance of 25% of the units in BAY
BREEZE CONDOMINIUM, an Association meeting shall be held and
unit owners other than Declarant shall elect at least 25% of
units by Declarant, an Association meeting shall be held and
the Board of Directors. Prior to the conveyance of 50% of the
the unit owners other than Declarant shall elect at least
one-third (1/3) of the Board of Directors.
3.2 Number and Qualifications of Directors. After
control of the Association passes to the unit owners pursuant
to terms of the Declaration, the Board of Directors shall
consist of five (5) persons, to be classified with respect to
the terms for which they severally hold office as set forth in
paragraph 3.4 below. Each member of the Board of Directors
shall be a member of the Association or, in the event that such
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member of the Association is not a natural person, the
appointee of such member of the "Association.
3.3 Powers and Duties of the Board of Directors. The
of the condominium property, shall be governed by the Board of
affairs of the Association, including management and operation
Directors. All powers and duties as shall be necessary for the
administration of the affairs of the Association shall be
exercised in accordance with the provisions of the Act, the
Declaration, the Articles of Incorporation, and these By-Laws.
3.4 Election and Term of Directors. At the first
passes to the unit owners, the members shall elect five (5)
annual meeting of the Association after Association control
directors to be classified with respect to the terms for which
they hold office by dividing them into two (2) classes as
follows:
(a) Three (3) directors whose terms will expire
after one (1) year, at the next annual meeting of the
Association (Class "'A!' Directors).
(b) Two (2) directors whose terms will expire
after two (2) years, at the second annual meeting of the
Association after their election (Class "B" Directors).
expire as set forth above shall be elected to hold office for a
The successors to the class of directors whose terms
term of two (2) years or until their successors are duly
elected and qualified, or until any of said directors shall
have been removed in the manner hereinafter provided, so that
the term of one class of directors shall expire in each year.
3.5 Vacancies on Board. Vacancies on the Board of
Directors caused by any reason other than the removal of a
director by a vote of the members shall be filed by a vote of
the majority of the remaining directors, even though they may
constitute less than a quorum, and each person so elected shall
be a director until a successor is elected at the next annual
meeting of the members at which that class of directors is to
be elected.
3.6 Removal of Directors. At any annual or special
meeting of the membership duly called, any one or more of the
directors may be removed with or without cause by a majority of
the votes of the membership present or represented at such
may then and there be elected to fill the vacancy thus created. meeting, providing a quorum is in attendance, and a successor
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the Board of Directors shall be held immediately after, and at
3.7 Annual Meeting and Notice. An annual meeting of
purpose of election of officers and transacting such business
the same place as, the annual meeting of the members, for the
as may come before the meeting. Notice of the regular annual
meeting of the Board of Directors shall not be required.
3.8 Regular Meetings and Notice. The Board of
Directors may provide by resolution for regular or periodic
meeetings of the Board, to be held at a fixed time and place,
and upon the passage of any such resolution, such meetings
shall be held at the stated time and place without the
necessity of notice other than such resolution.
3.9 Special Meetings and Notice. Special meetings of
the Board of Directors may be called by the President or by two
(2) directors on three (3) days prior written notice to each
director, given personally or by mail, which notice shall state
the time , place and purpose of the meeting.
3.10 Waiver of Notice. 'Before, at or after any meeting
of the Board of Directors, any director may, in writing, waive
notice of such meeting and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a
director at any meeting of the Board shall be a waiver by him
of notice of the time and place thereof. If all of the
directors are present at any meeting of the Board, no notice
meeting.
shall be required and any business may be transacted at such
3.11 Quorum of Directors - Adjournments. At all
meetings of the Board of Directors, a majority of the directors
the act of the majority of the directors present at a meeting
shall constitute a quorum for the transaction of business, and
at which a quorum is present shall be the act of the Board of
Directors. If, at any meeting of the Board of Directors, there
present may adjourn the meeting from time to time without
shall be less than a quorum present, the majority of those
quorum is present, any business which might have been
further notice. At any such adjourned meeting at which a
transacted at the meeting as originally called may be
transacted.
3.12 Fidelity Bonds. The Board of Directors may require
that some or all officers and/or employees of the Association
handling or responsible for Association's funds shall furnish
adequate fidelity bonds. The premiums on any such bonds shall
be paid for by the Association.
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ARTICLE IV
Officers
4.1 Designation, Election and Removal. The principal
officers of the Association shall be a President,
vice-president, Secretary and Treasurer, to be elected annually
by the Board of Directors. Upon the affirmative vote of a
majority of the members of the Board of Directors, any officer
may be removed, either with or without cause, and his successor
Directors, or at any special meeting called for that purpose.
shall be elected at a regular meeting of the Board of
Any two or more offices, except a combination of the offices of
President and Secretary and a combination of the offices of
President and Vice-president, may be held by the same person.
among the members of the Board of Directors and shall be the
4.2 President. The President shall be selected from
chief executive officer of the Association. He or she shall
preside at all meetings of the Association and of the Board of
Directors. He shall have the general powers and duties which
are usually vested in the office of President including, but
not limited to, the power to sign, together with any other
or other instruments on behalf of the Association in accordance
officer designated by the Board, any contracts, checks, drafts
with the provisions herein. The President shall perform such
other duties and have such other authority as may be delegated
by the Board of Directors.
4.3 Vice-president. The Vice-president shall take the
place of the President and perform his duties whenever the
President shall be absent or unble to act. If both the
of Directors shall appoint some other member of the Board to
President and the Vice-president are unable to act, the Board
act on an interim basis. The Vice-president shall also perform
such other duties as shall from time to time be imposed upon
him by the Board of Directors.
all meetings of the Board of Directors and of the Association
4.4 Secretary. The Secretary shall keep the minutes of
and shall have charge of the Association's books and records,
and shall, in general, perform all duties incident to the
office of the Secretary. The Secretary shall be responsible
Membership Certficates for the Association.
for maintaining the Membership List and the issuance of
4.5 Treasurer. The Treasurer shall have responsibility
for the Association's funds and shall be responsible for
keeping full and accurate accounts of all receipts and
disbursements and financial records and books of account on
behalf of the Association. He shall be responsible for the
deposit of all monies and all valuable effects in the name, and
to the credit, of the Association in such depositories as may
Treasurer shall also be responsible for the billing and
from time to time be designated by the Board of Directors. The
collection of all common and special charges and assessments
made by the Association. The Treasurer shall count votes at
meetings of the Association.
shall be liable to the Association for any loss or damage
4.6 Liability of Directors and Officers. No person
suffered by it on account of any action taken or omitted to be
taken by him as a director or officer of the Association, if
skill as prudent man would have exercised or used under the
such person (a) exercised and used the same degree of care and
circumstances in the conduct of his own affairs, or (b) took or
omitted to take such action in reliance upon advise of counsel
for the Association or upon statements made or information
had reasonable grounds to believe to be true. The foregoing
furnished by officers or employees of the Association which he
may be entitled as a matter of law. The Board of Directors may
shall not be exclusive of other rights and defenses to which he
provide directors' and officers' liability insurance in such
amounts and with such coverage as may be determined by the
Board of Directors to be necessary or advisable from time to
time.
4.7 Compensation. No director or officer of the
corporation shall receive any fee or other compensation for
services rendered to the Association except by specific
resolution for membership.
ARTICLE V
Declarant Control
Notwithstanding any other provisions contained in these
By-Laws, Declarant, its successors and assigns, shall have the
right at its option to appoint and remove the members of the
Board of Directors and officers of the Association and to amend
the earlier of: (a) three (3) years after the first sale of a
the By-Laws or rules and regulations of the Association until
unit in BAY BREEZE CONDOMINIUM by Declarant, (b) thirty (30)
days after the conveyance of seventy-five percent (75%) of the
until such earlier time as may be determined by Declarant,
common element interest to purchasers by Declarant, or (c)
subject in each case to provisions of the Condominium Ownership
Act of Wisconsin. Each owner of a condominium unit in BAY
BREEZE CONDOMINIUM shall be deemed by acceptance of any deed to
any unit to agree, approve and consent to the right of
Declarant to so control the Association.
ARTICLE VI
Operation of the Property
6.1 The Association. The Association, acting through
the Board of Directors, shall be responsible for
condominium property, in accordance with the Condominium
administration, maintenance, management and operation of the
Ownership Act, the Declaration, the Articles of Incorporation,
and these By-Laws. The Association, by resolution of the Board
of Directors, shall have full power and authority to borrow
money and acquire and convey property on behalf of the
Association, provided that any single Association loan,
acquisition, conveyance, or mortgage involving the sum of
$25,000 or more, shall first be approved by the membership at
annual or special meeting called for such purpose. The
Association may, to the extent it deems advisable, contract for
mariagement services or a managing agent with respect to the
administration and operation of the condominium.
6.2 Rules and Regulations. The Association, through
the Board of Directors, shall from time to time adopt rules and
units and the common and limited common elements and facilities
regulations governing the operation, maintenance and use of the
by the unit owners and occupants. Such rules and regulations
of the Association shall not be inconsistent with the terms of
the Declaration or the contracts, documents, and easements
referred to in the Declaration, and shall be designed to
prevent unreasonable interference with the use of the
respective units and the common elements and facilities by
persons entitled thereto.
lessees or quests, and any occupants of the units shall conform
The Association members, their
to and abide by all such rules and regulations. A violation of
the Declaration.
any such rules or regulations shall constitute a violation of
The Association through its Board of
Directors shall designate such means of enforcement thereof as
it deems necessary and appropriate. The rules and regulations
may be adopted, altered, and amended or repealed by either the
members of the Association or the Board of Directors, in each
case by an affirmative vote of 67% or more of the votes present
or represented at a meeting at which a quorum is in attendance,
provided that no rule or regulation adopted by the members
shall be amended or repealed by the Board of Directors if the
rule or regulation so adopted so provides.
6.3 Common Expenses. The Board of Directors shall
determine the common expenses of the Association, and shall
prepare an annual operating budget for the Association in order
to determine the amount of the assessments payable by each unit
to meet the estimated common expenses of the Association for
the ensuing year. The amounts required by such budget shall be
assessed against the units and allocated among the members of
the Association according to their respective percentages of
ownership in the common elements and facilities of the
Condominium as set forth in the Declaration. The assessments
shall be made on an annual basis and shall be prorated and due
and payable monthly. If not paid on or before the due date,
the assessment shall bear interest at the prime rate of
National Bank of Milwaukee, Wisconsin as of the first day of
interest determined from time to time by First Wisconsin
each month, until paid in full. If delinquent for more than
thirty (30) days, the Association may accelerate the annual
assessment remaining unpaid with respect to such delinquent
unit for purposes of collection or foreclosure action by the
Association. In the event the annual budget and assessments
are not determined prior to the beginning of a fiscal year of
the Association, the assessment for the prior year shall remain
in effect'until revised by the Board of Directors.
6.4 Operating Budget. shall provide for two funds, one of which shall be designated
The annual operating budget
the "operating fund" and the other the "reserve fund". The
occur annually or more frequently, such as amounts required for
operating fund shall be used for all common expenses which
management services, security, insurance, common services and
the cost of maintenance and repair of the common elements,
utilities, administration, materials and supplies. The reserve
fund shall be used for contingencies and periodic expenses such
as painting or renovation. In the event the Association incurs
extraordinary expenditures not originally included in the
annual budget, then such sums as may be required in addition to
the operating fund may be charged against the reserve fund, up
to a maximum of 10% of the reserve fund. In the event that
such funds prove inadequate to meet the necessary common
expenses, or at the discretion of the Board of Directors, the
directors may levy further assessment(s) against the unit
owners.
liens or other encumbrances levied against the entire property,
The reserve fund may also be used to discharge mechanic's
or against each unit, if resulting from action by the
Association. The unit owner or owners responsible for any lien
which is paid by the Association but not the obligation of the
Association shall be specially assessed for the full amount
thereof. The directors may also use the reserve fund for the
maintenance and repair of any unit if such maintenance and
repair, although the obligation of the unit owner, is necessary
0 to protect the common property. The full amount of the cost of
any such maintenance or repair shall be specially assessed to
the unit owner responsible therefor. Any charges against the
reserve fund in accordance with the foregoing paragraphs which
are not otherwise repaid to the fund shall be replenished by
additional assessments against the unit owners in subsequent
years.
November 1st of each calendar year. The Board of Directors
The annual budget shall be prepared and determined by
shall advise all members of the Association in writing of the
amount of common assessments payable on behalf of each unit by
the date of the annual membership meeting and shall furnish
copies of the budget on which such common assessments are based
to each member.
If within fifteen (15) days after the annual membership
meeting a petition is presented to the Board of Directors
protesting the budget, and the petition is signed by members
representing more than fifty percent (50%) of the membership
entitled to vote may revise the budget, dnd such revised budget
and corresponding assessments shall replace for all purposes
the ones previously established, provided, however, that the
annual budget and assessments may not be revised downward to a
point lower than the average total budget for the preceding two
years and provided further, that if a budget and assessments
have not been established and made for any two preceding years,
then the budget and assessments may not be revised downward
until two years of experience exist.
0
6.5 Default and Liens. All assessments of common
expenses and special assessments until paid, together with
the units on which they are assessed and on the undivided
interest and actual costs of collections, constitute a lien on
interest in the common elements appurtenant thereto. If a
member of the Association is in default in payment of any
charges or assessments for a period of more than thirty (30)
may file liens therefor and bring suit for and on behalf of the
days, the Board of Directors, in the name of the Association,
collection of such delinquencies or to foreclose the lien
Association, as representative of all members, to enforce
therefor, as provided by law, and there shall be added to the
amount due the costs of collection and interest, together with
attorney fees. Liens shall be signed and verified on behalf of
the Association by any officer of the Association. The owners
of a unit against which a lien has been filed by the
Association shall not be entitled to vote at Association
meetings until the lien has been paid in full.
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ARTICLE VI1
Repairs and Maintenance
7.1 Individual Units. Each unit owner, at his sole
unit and all of its equipment, fixtures and appurtenances in
expense, shall be responsible for keeping the interior of his
condition. Each unit owner must perform properly or cause to
good order, condition and repair and in a clean and sanitary
be performed all maintenance and repair work within his own
unit which if omitted would affect the project in its entirety
or in a portion belonging to other owners, and such owner shall
be personally liable to the Association or to adjoining unit
owners as the case may be, for any damages caused by his
failure to do so. Without in any way limiting the foregoing,
in addition to decorating and keeping the interior of the unit
maintenance, repair or replacement of any plumbing fixtures,
in good repair, each unit owner shall be responsible for the
doors and windows (including interior washing and replacement
of broken glass), (screens and screening,) lighting fixtures,
refrigerators, ranges, heating and air-conditioning equipment,
dishwashers, disposals, laundry equipment such as washers and
dryers, interior electrical wiring and fixtures, or other
equipment which may be in, or connect with the unit or the
common elements appurtenant to the unit.
7.2 Common Elements and Facilities. The Association
common elements and facilities and shall cause the same to be
shall be responsible for the management and control of the
maintained, repaired and kept in good, clean, attractive and
sanitary condition, order and repair, except to the extent
individual unit owners are responsible therefor as provided
hereinafter with respect to common elements. Without in any
way limiting the foregoing, the Association shall be
responsible, at Association expense (unless necessitated by the
negligence or misuse of a unit owner, in which case such
expense shall be charged and specially assessed to such unit
owner), for accomplishment of the following specific items of
maintenance and repair with respect to the common elements:
ance, and decorating of the building exterior, walls and
- All repairing, restoration, painting, mainten-
roofs, and including exterior doors, windows and screens,
but not including replacement of glass (or screening) in
the residential units.
- All maintenance, repair, painting, cleaning and
decorating of common areas and fixtures including
entryways and parking areas.
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watering, weed control, tree pruning, grass cutting,
- Lawn care, including landscaping, fertilizing,
edging and trimming, as required.
- Repair, roadways, roadbeds, sanitary and storm
sewer system, replacement or restoration of sidewalks,
part of the Condominium property maintained by
driveways, retaining walls and parking areas which are a
Association.
walks, drives and parking areas, and all non-dedicated
- Snow and ice removal and salting and cleaning
roads within the condominium property excluding an 8 foot
wide bike path running parallel to Janesville Road and is
under the control and direction of the City of Muskego.
- General repair, maintenance and replacement of
exterior fixtures including exterior lighting fixtures
condominium project and roadway signs therein.
and associated equipment, entry signs into the
- General repair, maintenance and replacement of
common fixtures and equipment such as mailboxes, and
associated fixtures and equipment.
and materials required to accomplish the foregoing.
- Provision, maintenance and storage of equipment
- General repair, maintenance and replacement of
conduits not dedicated or part of the streets of the
all sewer and water mains and connecting pipes and
municipality.
7.4 Association Services. The Association may provide
with respect to individual units that the Association is able
any service or maintenance requested by a unit owner or owners
and willing to provide or perform, and shall specially assess
such requesting owner or owners therefor.
ARTICLE VI11
Duties and Obligations of Unit Owners
8.1 Rules and Regulations. The units and the common
elements and facilities and limited common elements
(hereinafter in this paragraph sometimes collectively referred
the Declaration, the Articles of Incorporation, these By-Laws,
to as "commons") shall be occupied and used in accordance with
and the rules and regulations adopted by the Association from
time to time, including the following:
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(a) Use. No unit owner shall occupy or use his
unit or permit the same or any part thereof to be
occupied or used for any purpose other than as a private
residence for the owner, the owner's family, or the
owner's lessees or guests. No trade or business shall be
conducted on the condominium property or from any unit
without the prior written approval of the Board of
Directors of the Association and in full compliance with
all applicable law.
(b) Occupancy. Units in BAY BREEZE CONDOMINIUM,
persons for a period of less than 30 consecutive days,
shall not be used or occupied by any person or group of
except without prior written approval of the Association.
The intent of this provision is to prohibit business,
transient or similar uses of the units which wou.ld
involve multiple occupanies by different persons or
groups of persons.
(c) Occupants. There shall be no more than two
(2) people per bedroom residing in the condominium
residential unit.
(d) Leases. Owners of units in BAY BREEZE
CONDOMINIUM may lease their units on whatever terms and
conditions they may wish, provided that in each instance
the following terms and conditions are met:
and the tenant.
- The lease must be in writing, signed by the owner
- The lease must be for a period of no less than
ninety (90) consecutive days.
to abide by the terms and conditions of the Declaration,
- The lease must specifically obligate the tenant
these By-Laws, and all rules and regulations of the
Association.
owner must give the Association notice of the name and
- Prior to the beginning of the lease term, the
permanent address of the tenant, and the term of the
lease.
amount of money with the Association equal to twice the
- Any unit owner leasing his unit shall deposit an
monthly assessment, based upon the month immediately
This deposit shall be retained by the Association to be
preceding the first month of occupancy by the tenant.
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used to offset any damages caused to the common areas by
said tenant. Upon the expiration or termination of said
tenancy, the Association shall ascertain what, if any,
damages are to be deducted from said deposit, and shall
return only eighty percent (80%) of the original deposit,
plus any damages levied against said deposit. In the
event the damages levied against the 80% portion exceed
unit owner who created said lease, and, if remain unpaid,
that portion, those damages shall be assessed against the
be for the Association. Twenty percent (20%) of said
shall become a valid lien on said unit, which lien shall
deposit shall be retained by the Association to cover the
expenses incurred in handling this duty.
(e) Animals and Poultry. No animals, livestock
or poultry of any kind shall be raised, bred or kept in
any unit or in the commons, except that dogs, cats, birds
and fish may be kept as household pets by unit owners,
provided they are not kept or maintained for commercial
or breeding purposes, and are kept subject to rules and
regulations which may be adopted by the Association
regarding same.
(f) Pet Rules and Regulations.
be permitted if in excess of 26 inches in height or 25
(1) Size and Weight. No cat or dog shall
pounds in weight.
(2) Leashes. Dogs and cats shall not be
permitted on the common elements unless on a leash and
within the control of a person.
(3) Waste. Permit holder shall be
responsible for the proper disposal of their pet's waste,
without regard to their control over the pet at the time
or location of the waste.
(4) Exercise. If the Board designates an
area of the common elements as a "pets area", then pets
shall be exercised only within this area. Such
designation shall not operate to diminish the permit
holder's responsibility under (3) hereof.
(5) Behavior. Permit holders are respon-
sible for the behavior of their pet and any handler
thereof.
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../
(6) Housing. Pets shall be housed exclus-
ively within units in which pets are permitted under the
Declaration.
(7) City Licenses. Pets shall be licensed
by the City if required, and a copy of such license shall
be furnished to the Association upon permit application.
(8) Noises. A11 pets shall be maintained
in a manner as to keep any noise at a minimum level
which, in any event, must not be an unreasonable
annoyance to the other condominium residents.
unit are allowed. Each unit owner or lessee shall be
(9) Limit. No more than two (2) pets per
assessed a $5.00 per month charge per pet for each month,
or part of the month, the dog or cat is kept in the unit.
after the occupancy of. any unit, the owner of the unit
(g) Window Treatments. Within sixty (60) days
shall provide appropriate window treatments, so that all
windows within the unit open to exterior view are either
uncovered or are treared with draperies properly hung on .
drapery rods, or window blinds.
uniformity of exterior appearance, the Association may
For purpose of
from time to time determine and specify the type, quality
will be visible from the exterior of the building.
and appearance of draperies and window treatments which
(h) Obstructions. There shall be no obstruction
of the commons.
(i) Increase of Insurance Rates. Nothing shall
be done or kept in any unit or in the commons which will
the prior consent of the Association.
increase the rate of insurance on the commons, without
No unit owner
shall permit anything to be done or kept in his unit or
in the commons which will result in the cancellation of
which would be in violation of any law or ordinance. No
insurance on any unit or any part of the commons, or
waste will be commited in the commons.
(j) Signs. NO sign of any kind shall be dis-
played to the public view on or from any unit or the
commons, without the prior consent of the Association,
excluding the placement of "unit for sale" sign placed on
the interior of any unit window.
(k) Noxious Activity. NO noxious or offensive
activity shall be carried on in any units or in the
commons, nor shall anything be done therein which may be
or become an annoyance or nuisance to others.
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(1) Alteration, Construction or Removal. Nothing
shall be altered or constructed in or removed from the
common elements and facilities, except upon the written
consent of the Association.
and those which may be hereafter adopted by the
(m) Conflict. The above rules and regulations,
Association, are in addition to the Declaration, and the
documents, contracts, declarations, and easements set
forth in the Declaration, and in the event of a conflict,
easements set forth and referenced therein shall govern.
the Declaration and contracts, declarations, and
(n) Enforcement. The foregoing rules and
regulations and other rules and regulations adopted by
the Association shall be enforced by such means as the
Association deems necessary and appropriate, including
recourse to civil authorities, court action if necessary,
be charged and assessed against the owners of units who
and monetary fines of not less than $50 per violation to
violate or whose guest or unit occupants violate such
rules and regulations. Such fines shall be charged and
assessed against the subject unit and may be enforced and
collected as an assessment for common expenses, including
the foreclosure of a lien therefor.
store any of the following items on any portion of the
(0) Use of Common Areas. No owner may keep or
common elements (for the purposes of this section,
driveways will be included as common elements).
(1) Trucks over 6,000 pounds gross vehicle
weight (gvw).
(2) Junked, inoperative or unlicensed
vehicles shall not be permitted anywhere on the common
elements.
(3) Boats, and any type of trailer, stored
on driveways for more than 24 hours.
(p) Temporary structures, such as sheds or other
storage facilities, are prohibited on common elements.
(q) Patios, terraces or balconies shall not be
used for any storage of any kind, including, but not
limited to, the storage of motorcycles, baby carriages,
bicycles, or wagons, nor shall patios, terraces or
balconies be used for the drying or airing of laundry,
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carpets, rugs, or clothing. Furthermore, no grills shall
be used or stored on patios, terraces or balconies,
unless they are of a type using a cover in place while in
use. No clotheslines shall be hung in common elements.
(r) No vehicle shall occupy, park upon or
otherwise block access to or exit from another unit or
the approach thereto.
shall be permitted anywhere on the condominium elements.
(s) No maintenance or lubrication of any vehicle
ARTICLE IX
General
9.1 Fiscal Year. The fiscal year of the Association
of December in each year, unless a different fiscal year is
shall begin on the first day of January and end on the last day
elected on the first annual tax return filed by the
Association'.
shall be P.O. Box 425, Muskeqo, Wisconsin 53150.
9.2 Address. The mailing address of the Association
9.3 Seal.
corporate seal which shall be circular in form and shall have
The Board of Directors shall provide a
inscribed thereon the name of the corporation and the words
"Corporate Seal, Wisconsin".
ARTICLE X
Amendments
10.1 By Members. These By-Laws may be altered, amended
or repealed and new By-Laws may be adopted by the members, at
unit owners having sixty-seven percent (67%) or more of the
any meeting called for such purpose, by the affirmative vote of
votes in the Association.
shall alter or abrogate the rights of Declarant as contained in
10.2 Rights of Declarant. No amendment of these By-Laws
these By-Laws.
ARTICLE XI
Miscellaneous
11.1 Record of Ownership. Every unit owner shall
promptly cause to be duly recorded or filed of record the deed,
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c
assignment or other conveyance to him of such unit or other
evidence of his title thereto, and shall present such evidence
of his title and the date of acquiring title to the Board of
Directors, and the Secretary shall maintain all such
information in the Membership List of the Association.
11.2 Mortgages. Any unit owner who mortgages his unit
or any interest therein shall notify the Board of Directors of
the name and address of his mortgagee, and also of any release
of such mortgage, and the Secretary shall maintain all such
information in the Membership List of the Association.
or Treasurer of the Association, at the request of any
11.3 Statement of Assessments. The Board of Directors
mortgagee or any prospective purchaser of any unit or interest
therein, shall provide a statement to such person as to the
amount of any assessments against such unit then due and
unpaid, within ten (10) business days after such request is
received.
11.4 Indemity of Officers and Directors. Every perion
who is or was a director or an officer of the Association
(together with the heirs, executors and administrators of such
person) shall be indemnified by the Association against all
attorneys' fees) asserted against, incurrred by or imposed upon
loss, costs, damages and expenses (including reasonable
or proceeding, including criminal proceedings, to which he is
him in connection with or resulting from any claim action, suit
made or threatened to be made a party by reason of his being or
having been such director or officer, except as to matters as
proceeding to be liable for gross negligence or willful
to which he shall be finally adjudged in such action, suit or
misconduct. In the event of a settlement, indemnification
shall be provided only in connection with such matters covered
by the settlement as to which the Association is advised by
counsel that the person to be indemnified has not been guilty
of gross negligence or willful misconduct in the performance of
his duty as such director or officer in relation to the matter
involved. The Association, by its Board of Directors, may
indemnify in like manner, or with any limitations, any employee
or former employee of the Association with respect to any
action taken or not taken in his capacity as such employee.
The foregoing rights of indemnification shall be in addition to
all rights to which officers, directors or employees may be
entitled as a matter of law.
or suffered by the Association by reason or or in connection
All liability, loss, damage, costs and expense incurred
with the foregoing indemnification provisions shall be treated
and handled by the Association as common expenses: provided,
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however, that nothing in this Article XI contained shall be
deemed to obligate the Association to indemnify any member or
director or officer of the Association with respect to any
owner of a condominium unit who is or has been an employee,
duties or obligations assumed or liabilities incurred by him as
a unit owner under and by virtue of the Declaration,
Wisconsin's Condominium Ownership Act, the Articles and By-Laws
of the Association, or a member of the Association.
11.5 Subordination. These By-Laws are subordinate and
subject to all provisions of the Declaration and any amendments
thereto and the Condominium Ownership Act under the laws of the
State of Wisconsin, which shall control in case of any
conflict. All terms herein (except where clearly repugnant to
the context) shall have the same meanings as in the Declaration
or said Condominium Ownership Act.
By-Laws shall be held invalid, such invalidity shall not render
11.6 Interpretation. In case any provision of these
invalid any other provision hereof which can be given effect.
Nothing in these By-Laws shall ke deemed or construed to
authorize the Association or Board of Directors to conduct or
engage in any active business for profit on behalf of any or
all of the unit owners. 0 11.7 The Condominium Association may charge a fee to a
unit owner upon the sale of a condominium residential unit.
This fee will be determined from time to time by the Board of
Directors of the Condominium Association. The purpose of this
in transference of the records of condominium residential unit
fee is to offset costs incurred by the Condominium Association
owners.
the context shall otherwise provide, the singular number shall
11.8 Number and Gender. Whenever used herein, unless
include the plural, the plural shall include the singular, and
the use of any gender shall include all genders.
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CONDOMINIUM DECLARATION
BAY BREEZE CONDOMINIUM
FOR
THIS DECLARATION is made pursuant to Condominium Ownership
Act of the State of Wisconsin, Chapter 703 of the Wisconsin
Statutes (hereinafter sometimes referred to as the "Act") this
Wisconsin Corporation (hereinafter referred to as "Declarant").
,a day of , 198 bY -
1. STATEMENT OF DECLARATION.
Declaration for Bay Breeze Condominium. This Declaration shall
The purpose of this Declaration is to state the Condominium
to the condominum form of ownership in the manner provided by the
submit the lands hereinafter described to be constructed thereon
Act and this Declaration.
Declarant hereby declares that as of the date hereof it is
the sole owner of the real property described in Section 3
hereof, together with all buildings to be constructed thereon
(hereinafter referred to as "the property") which is hereby
submitted to the condominium form of ownership as provided in the
Act and this Declaration, and which property shall be held,
conveyed, devised, leased, encumbered, used, improved, and in all
respects otherwise affected subject to the provisions,
conditions, covenants, restrictions and easements of this
Declaration and the Act. All provisions hereof shall be deemed
to run with the land and shall constitute benefits and burdens to
the Declarant, its successors and assigns, and to all parties
hereafter having any interest in the property.
0
2. NAME AND ADDRESS.
The aforesaid real estate and all buildings and
improvements thereon shall be known as BAY BREEZE CONDOMINIUM.
The address of the Condominium is , Wisconsin.
3. LEGAL DESCRIPTION.
Condominium Plat attached hereto, is hereby subjected to the
The following described real estate, also described in the
provisions of this Declaration:
4. DEFINITION AND DESCRIPTION OF UNITS.
4.1 Number. There shall be seventy-four (74)
residential condominium units in BAY BREEZE CONDOMINIUM.
4.2 Definition. A unit is that part of a building
comprised of one or more cubicles of air at one or more levels of
in the development intended for individual, private use,
space, having outer boundaries formed by the interior surfaces of
the perimeter walls, ceilings, floors, windows, window frames,
doors and door frames of the units, as said boundaries are shown
in the Condominium Plat attached hereto, together with all
fixtures and improvements therein contained.
4.3 Identification. The building shall be
designated by address and the units within designated by
numerals; the numerals indicate the floor in the designated
building in whjch the unit is located. The unit designations and
locations and floor plans for the various unit types are as set
dimensions and floor area of each unit, number of rooms,
forth in the Condominium Plat attached hereto. The approximate
further details identifying and describing the units are as set
immediate common elements to which the units have access, and
forth in the Condominium Plat.
5. DESCRIPTION, LOCATION AND TYPE OF BUILDINGS.
The buildings on the real estate described in Section 3
principally of wood and use of concrete, and if completely built above are planned to be two stories in height, constructed
will contain 74 residential condominium units. The buildings
will be located on the real estate as indicated in the
Condominium Plat. The 74 residential condominium units together
wit.h the assigned garages will not be built at the same time. It
is the intent of the Declarant to build the residential
condominium units and assigned garages in stages as shown in said
Condominium Plat. The number and stages and start up dates for
construction of the residential condominium units and assigned
garages are within the sole discretion of the Declarant.
Declarant reserves the right to change, without t.he
dimensions and construction details of the buildings, units and
approval of the Condominium Association, the layout, location,
constructed, provided t.hat such chanaes shall not substantially
common elements shewn on the Condominium Plat which are not yet
alter the nature and quality of the buildinas and units, and
subject to the following.
Notwithstanding the above, Declarant reserves tbe right to
change the number, size and dimension of t.he buildings in which
condominium units are to be constructed from 6 unit and 4 unit
buildings, as presently shown on the Condominium Plat, to smaller
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residential building sizes, including 2 and 1 unit buildings, at
its sole discretion.
Such changes in the size of a building and number of units
Muskego and further providing that any change in size or number
in a building is conditioned upon the approval by the City of
of buildings will not change the total number of units to be
built within this condominium development.
In the event any changes are approved by the City of
Muskego, the Declarant shall record, from time to time, an
updated plat of this condominium development showing the changes,
including location, type, size and dimension of said buildings
with the appropriate designations thereof.
6. COMMON ELEMENTS AND FACILITIES.
6.1 Description. The common elements and
facilities shall consist of all of BAY BREEZE CONDOMINIUM,
fixtures therein, as defined hereunder and shall include, without
improvements and appurtenances, except the individual units and
buildings' exterior, including garage exteriors; perimeter and
limitation, the land on which the buildings are located the
bearing walls; guest surface parking; building roofs;
foundations; pipes; ducts; electrical wiring and conduits; common
utility services; public utility lines; outside walls; beams and
the condominium property and private roadways, water and sewer
supports; and the walks; driveways, and landscaping comprising
mains and laterals and boat docks as set forth in the condominium
plat.
6.2 Owner's Right to Ingress and Egress and
Easement of Enjoyment. Each owner shall have the right to
necessary for access to his unit and a right of enjoyment in and
ingress and egress over, upon and across the common area
to the common areas.
exclusive easement to the space between the interior and exterior
6.3 Easements. Each unit owner shall have a valid,
walls of his unit for purposes of adding additional utility
outlets, wall hangings, erection of non-bearing partition walls,
and the like, where space between walls may be necessary for such
uses, provided that the unit owner shall do nothing to impair the
structural integrity of any of the buildings, and provided
further that the common elements and facilities be restored to
their former condition by the unit owner at his sole expense upon
completion or termination of the use requiring the easement.
Easements are hereby granted and declared for the benefit of the
unit owners and the Association of Unit Owners (hereinafter
described) for the installation, maintenance and repair of common
utility services in and any part of the common elements or units
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7. LIMITED COMMON ELEMENTS.
7.1 Description. A portion of the common elements
and facilities are designated as "limited common elements" as
shown in the Condominium Plat. Such limited common elements
shall be reserved for the exclusive use of the owner or occupant
for the unit to which they are appurtenant, to the exclusion of
consist of two (2) car parking garages which are assigned, all
all other units in the condominium. Such limited common elements
decks adjoining units, and such other limited common elements as
may be identified in the Condominium Plat.
subject to assignment, but shall be maintained by the Association
7.2 Parking. Outdoor parking spaces shall not be
as guest parking under such rules and regulations as the
Association may determine from time to time. The respective
parking spaces are shown in the Condominium Plat attached hereto.
7.3 Assignment by Declarant. The garages shown as
limited common elements in the Condominium Plat are identified as
units in BAY BREEZE CONDOMINIUM it shall assign such garages to
"Assigned by Declarant". As the Declarant sells condominium
buyers of condominium units by written assignment duly recorded
as part of the condominium deed transferring title to condominium
units. Upon the sale of all units in BAY BREEZE CONDOMINIUM and
occur, Declarant shall re-record the Condominium Plat showing the
the assignment of all garages by Declarant, whichever shall last
condominum unit to which each garage has been assigned as part of
the Condominium Plat. All garage assignments made by Declarant
shall be and constitute an assignmen't of limited common elements
appurtenant to the unit identified by Declarant in the
assignment.
0
assign his rights to use a garage to any other unit owner in BAY
7.4 Assignment by Unit Owners. Any unit owner may
BREEZE CONDOMINIUM. The use of those so assigned shall thereupon
become appurtenant to the unit owned by the assignee. Such
Association, and shall be recorded with the Register of Deeds of
assignment shall be upon a form approved for use by the
Waukesha County. The assignment shall be subject to the rights
of any existing mortgage with respect to the said limited common
unit owner shall have no further right to use the limited common
element so assigned. After such an assignment, the assigning
thereafter be appurtenant to the unit owned by the assignee, as
element so assigned, and the limited common element shall
specified in the assignment form, until further assignment. The
use of limited common elements may be assigned only to owners of
units in BAY BREEZE CONDOMINIUM.
elements shall be governed by the By-Laws of, and such rules and
7.5 Use. The manner of use of the limited common
regulations as may be established by the Association of Unit
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Owners, and no unit owner shall alter, remove, repair, paint,
decorate, landscape or adorn any limited common element, or
permit such, in any manner contrary to such By-Laws and rules and
regulations. No major or structural changes or alterations shall
be made by any unit owner to any of the limited common elements
without the prior written approval of the Association, which
Association deems appropriate.
approval may be given upon such terms and conditions as the
8. PERCENTAGE OF OWNERSHIP IN COMMON ELEMENTS AND
FACILITIES AND LIMITED COMMON ELEMENTS.
common elements and facilities and limited common elements as a
Each unit owner shall own an undivided interest in the
tenant in common with all other unit owners and, except as
otherwise limited in this Declaration, shall have the right to
use and occupy the common elements and facilities and limited
common elements for all purposes incident to the use and
occupancy of his unit as a place of residence, and such other
incidental uses permitted by this Declaration, which rights shall
be appurtenant to and run with his unit.
The percentage for such undivided interest in the common
elements and facilities and limited common elements relating to
each unit and its owner for all purposes including ownership and
proportionate payment of common expenses, but exclusive of
voting, shall be as follows:
0
Building:
Address
Unit: % of Interest Unit:
-5-
% of Interest
9. ASSOCIATION OF UNIT OWNERS.
9.1 Membership, Duties and Obligations. All unit
owners shall be entitled and required to be a member of an
association of unit owners known as Bay Breeze Condominium
Association, Inc. (herein "Association") which shall be
responsible for carrying out the purposes of this Declaration,
elements and facilities and limited common elements.
including the exclusive management and control of the common
Such
Association shall be incorporated as a non-profit corporation
under the laws of the State of Wisconsin. Each unit owner and
the occupants of the units shall abide by and be subject to all
of the rules, regulations, duties and obligations of this
Declaration and the By-Laws and rules and regulations of the
Association, including the sharing of common expenses as
described therein.
9.2 Voting Rights. Each unit shall be entitled to
one (1) vote at meetings of the Association. Only one membership
and one vote shall exist for each unit; if title to a unit is
held by more than one person, the membership related to that unit
interests and by the same type of tenancy in which title to the
shall be shared by such owners in the same proportionate
unit is held. Voting rights may not be split, and shared
membership interests must be voted pursuant to the designation
contained in the Membership List maintained pursuant to the
By-Laws.
e
The respective rights, qualifications and
obligations of the members shall be set forth in the By-Laws of
the Association.
9.3 Control. Notwithstanding any other provisions
herein contained, Declarant, its successors and assigns, shall
have the right at its option to appoint and remove the members of
the Board of Directors and officers of the Association and to
until the earlier of: (a) three (3) years from the date of first
amend the By-Laws or rules and regulations of the Association,
sale of a unit by Declarant, (b) thirty (30) days after the
conveyance of seventy-five percent (75%) of the common element
interest to purchasers by Declarant, or (c) until such earlier
time as may be determined by Declarant, subject in each case to
provisions of the Act. Each owner of a condominium unit in BAY
BREEZE CONDOMINIUM shall be deemed by acceptance of any deed to
any unit to agree, approve, and consent to the right of Declarant
to so control the Association.
9.4 Association Personnel. The Association may
obtain and pay for the service of any person or entity to manage
its affairs to the extent it deems advisable, and may hire such
other personnel as it shall determine to be necessary or
advisable for the proper operation of the condominium. The
0
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Association may contract for common services or utilities as may
be required for each unit.
10. RESIDENTIAL PURPOSE.
The buildings and the units therein contained are intended
for and restricted exclusively to residential use as governed by
Association.
the terms and conditions contained herein and the By-Laws of the
reserves the right, at its option and in its sole discretion, to
Notwithstanding the foregoing, the Declarant
use and occupy various units, selected by the Declarant, as
"model" units and to use a unit as a sales office, until such
time as all 74 units in BAY BREEZE CONDOMINIUM have been
completed and sold by Declarant, or until such earlier time as
may be determined by Declarant.
11. REPAIRS AND MAINTENANCE.
11.1 Individual Units. Each unit owner shall be
responsible for keeping the interior of his unit and all of its
equipment, fixtures and appurtenances in good order, condition
and repair and in a clean and sanitary condition, and shall be
which may at any time be necessary to maintain the good
responsible for interior decorating, painting and varnishing
appearance and condition of his/her unit, all as is more fully
set forth in the By-Laws of the Association. Without in any way
limiting the foregoing, in addition to decorating and keeping the
responsible for the maintenance, repair or replacement of any
interior of the unit in good repair, each unit owner shall be
plumbing fixtures, doors and windows (including interior washing
and replacement of broken glass), screens and screening, lighting
fixtures, refrigerators, ranges, heating and air conditioning
equipment, dishwashers, disposals, laundry equipment such as
washers and dryers, interior electrical wiring and fixtures, or
other equipment which may be in, or connect with, the unit or the
limited common elements appurtenant to the unit.
11.2 Common Elements and Facilities. The
Association shall be responsible for the management and control
of the common elements and facilities and limited common
elements, and shall cause the same to be kept in good, clean,
attractive and sanitary condition, order and repair, as provided
in the By-Laws of the Association. Without in any way limiting
the foregoing, this shall include all repair and maintenance Of
the building and exterior walls and roofs, parking, upkeep and
maintenance of private roadways, water, sanitary and storm sewer
mains and laterals, walks, drives and landscaping. All expenses
of maintenance of the common elements and facilities shall be a
common expense of the Association. The Association shall not be
the garages. All expenses of repair and maintenance of the responsible for the repair and maintenance of the interior Of
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garage interiors shall be borne by the unit owners or their
assignees.
keep the limited common elements appurtenant to his unit, as
11.3 Limited Common Elements. Each unit owner shall
defined in Section 7 hereof and as described in the Condominium
Plat, in a good, clean, sanitary and attractive condition.
Owner. A unit owner shall not, without first obtaining the
11.4 Prohibition Against Structural Changes by
written consent of the Board of Directors of the Association,
make or permit to be made any structural alterations, or major
changes or improvements to his unit, or in or to the exterior of
the building in which his unit is located or any common or
limited common elements and facilities make or install any
owner of other units. A unit owner shall not perform, or allow
improvements or equipment which may affect other units or the
to be performed, any act or which will impair the structural
soundness or integrity of any building, or the safety of
property, or impair any easement or hereditament, without the
prior written consent of the Association.
11.5 Entry for Repairs. The Association may enter
any unit at reasonable terms and under reasonable conditions when
necessary in connection with any maintenance, construction or
repair of public utilities or for any other matters for which the
Association is responsible. Such entry shall be made with prior
notice to the owners, except in the case of an emergency when
with little inconvenience to the owners as practical, and any
injury or property damage will result from delayed entry, and
damage caused thereby shall be repaired by the Association and
treated as a common expense except as allocable to an individual
unit or units in the discretion of the Board of Directors.
exclusive right to care, paint, repaint, tile, panel, paper or
11.6 Decorating. Each unit owner shall have the
otherwise refurbish and decorate the interior surfaces of the
walls, ceilings, floors and doors forming the boundaries of his
unit and all walls, ceilings, floors and doors within such
boundaries, and to erect partition walls of a non-structural
nature within his unit.
12. DESTRUCTION AND RECONSTRUCTION.
any building, or any other part of the common elements, such
In the event of a partial or total damage or destruction of
shall be repaired and rebuilt as soon as practicable and
originally built, so as to be compatible with the remainder of
substantially to the same design, plan and specifications as
damage or destruction the repair or reconstruction of which will
the condominium, unless within ninety (901 days of the date of
exceed the sum of $500,000.00 by affirmative vote and written
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consent of at least seventy-five percent (75%) of the votes in
the Association, it is determined not to rebuild or repair. In
such event, the property shall be subject to an action for
Wisconsin Statutes.
partition and shall be partitioned pursuant to Sec. 703.18 of the
On reconstruction, the design, plan and specifications of
the building or units may vary from that of the original upon
approval of the Association provided, however, that the number of
square feet of any unit may not vary by more than five percent
(5%) from the number of square feet for such unit as originally
constructed, and the location of the same shall be substantially
the same as prior to damage or destruction. The proceeds of any
insurance provided by the Association and collected for such
damage or destruction shall be available to the Association for
the purpose of repair or reconstruction, as provided in Section
15 hereof. The Association shall have the right to levy
assessments as a common expense against all unit owners in the
event that the proceeds of any insurance collected are
insufficient to pay the estimated or actual costs of repair or
reconstruction.
13. CONDEMNATION.
13.1 Definition. The phrases "taking" and
"condemnation" include any sale and settlement of any pending or
threatened condemnation proceeding.
the right of appeal of the necessity of the taking and of the
13.2 Right of Appeal. Each unit owner shall have
condemnation award with respect to its unit. The Association
shall have the exclusive right of appeal of the necessity of the
taking and of the condemnation award with respect to the common
binding upon all the owners affected thereby.
elements. An appeal by the Association or such owner shall be
13.3 Allocation of Award. Any damages for a taking
shall be awarded as follows:
13.3 (a)
entire award for the taking of all or part of its respective unit
Each unit owner is entitled to the
and for consequential damages to its unit.
13.3 (b)
undertaking as below, any award for the taking of common elements
In the event no reconstruction is
shall be allocated to all unit owners in proportion to their
respective interests.
0 13.4 Reconstruction After Taking. Following the
taking of all or a part of the common elements, the Association
common elements to an architectural whole compatible with the
shall promptly undertake to restore the improvements of the
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existing structure. Any costs of such restoration in excess of
the condemnation award shall be a common expense payable in
accordance with these Articles. If the taking diminishes the
condominium to the extent that reconstruction or restoration is
not practical in the opinion of the Association, the entire
condominium shall be subject to an action for partition upon
obtaining the written consent of the unit owners having
seventy-five percent (75%) or more of the vote. In the case of
with any net proceeds of the award for taking, shall be partition, the net proceeds of sale of the condominium, together
considered as one fund and shall be divided among all unit owners
in accordance with these Articles.
obtained within thirty (30) days of the decision of the
If such consent is not
Association, then reconstruction shall take place in accordance
with these Articles.
13.5 Adjustments of Interests and Votes. The
interest and the sharing of common expense under Article 9.1
hereof, and the votes under Article 9.2 hereof, appertaining to
the remaining units shall be adjusted after the taking of a unit
in the same manner as set forth in these Articles. A partial
taking of a unit shall not include the interest or the votes
appurtenant to the unit.
recordation of an amendment hereto which discloses the nature of
The Association shall cause the
the taking and the adjustments hereunder.
14. INSURANCE.
The Board of Directors of the Association shall provide and
maintain fire and broad form extended coverage insurance on the
buildings and any other common elements and any portion thereof
in an amount not less than the full replacement value thereof
of the Association as trustee for each of the unit owners and
from time to time. Such insurance shall be obtained in the name
their respective mortgagees in the percentages established in
this Declaration, as their interests may appear. Premiums shall
be a common expense. To the extent possible, the insurance shall
provide that the insurer waives its rights of subrogation as to
any claim against unit owners, the Association, and their
respective servants, agents and guests, and that the insurance
cannot be cancelled, invalidated nor suspended on account of
conduct of any one or more unit owners, or the Association, or
their servants, agents and guests, without thirty (30) days prior
written notice to the Association giving it opportunity to cure
the defect within that time. The amount of protection and the
Directors at least annually and the amount of coverage may be
types of hazards to be covered shall be reviewed by the Board of
increased or decreased at any time as deemed necessary as
determined by the Board of Directors to conform to the
requirements of full insurable value.
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equal to the maximum insurable replacement value, with an "agreed
The Association insurance shall be in an amount, at least,
amount" and a "Condominium replacement cost" endorsement, without
deduction or allowance for depreciation, which amount shall be
examined periodically. Such insurance shall afford protection
against loss or damage by fire and such hazards covered by a
standard extended coverage endorsement and such other risks or
hazards as, from time to time, shall be customarily covered with
respect to buildings similar in construction, location and use.
In the event of partial or total destruction of the
building or other common elements and the repair or
reconstruction of the same in accordance with the Section 14
hereof, the proceeds of such insurance shall be paid to the
Association as trustee to be applied to the cost thereof. If it
is determined not to reconstruct or repair, then the insurance
proceeds together with the net proceeds of sale of the property
shall be distributed to the unit owners and their mortgagees, if
provided by the Act.
any, as their respective interests may appear, in the manner
for the Association and the unit owner's individual unit, the
If insurance coverage is available to combine protection
Board of Directors is hereby given discretionary power to
negotiate such combination of insurance protection on an
equitable cost-sharing basis under which the unit owner would be
assessed individually for the amount of insurance which he
directs the Board of Directors to include in such policies for
his additional protection. Copies of all such policies shall be
provided to each mortgagee. Nothing contained in this paragraph
shall be deemed to prohibit any unit owner, at his own expense,
to provide any additional insurance coverage on his improvements
or on his unit which will not duplicate any insurance provided by
the Association of Unit Owners.
insurance covering the common elements and facilities and the
The Board of Directors shall also provide public liability
limited common elements with respect to all claims commonly
discretion of the Board of Directors from time to time. The
insured against in such amounts as may be determined at the
Board of Directors shall also provide workman's compensation
insurance, directors' and officers' liability insurance and
with such coverage as is determined by the Board of Directors to
fidelity bonds on such officers and employees in such amounts and
be necessary or advisable from time to time.
obtained by the Association shall be a common expense of the
All premiums for Association insurance and other insurance
condominium, except that any increase in the rating or premium
charue for any such insurance caused by the character of the use
of any unit shall be an expense solely for such unit owner. A
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complete insurance appraisal of each building on the condominium
shall be made at least once every three (3) years.
15. LIABILITY FOR COMMON EXPENSES.
repair, maintenance, cleaning, and other expenses of the common
The costs of administration of the Association, insurance,
elements and facilities and limited common elements, including
common services provided to the unit owners such as water,
security, trash removal, snow removal, roadways, mains and
lzteral maintenance and all other expenses of the property, shall
be paid for by the Association. The Association shall make
common expenses in accordance wit.h the percentage of the
assessments against the unit owners and the unit owners for such
undivided interest in the common and limited common elements and
By-Laws of the Association. No unit owner may exempt himself or
facilities relating to each unit, in the manner provided in the
common expenses by waiver of the use or enjoyment or any of the
his unit ownership from liability for his contribution toward the
common or limited common elements and facilities or services or
.by abandonment of his unit and no conveyance shall relieve the
unit owner-grantor or his unit of such liability, and he shall be
jointly, severally and personally liable along with his grantee
in any such conveyance for the common expenses incurred up to the
date of sale, until all expenses charged to his unit have been
paid.
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All assessments, when due, shall immediately become a
personal debt of the unit owner and also a lien, until paid,
against the unit to which charged, as provided in the Act.
Assessments shall be made against the uni.t owners and the units
at the beginninq of each fiscal year of the Association to meet
year; however, if prorated and paid monthly, the assessments
estimated common expenses of the Association for the ensuinq
payment dates. In the event of deliquency in payment, the
shall not be considered due until the respective installment
Association may accelerate annual assessments remaining unpaid
with respect to such delinquent unit for purposes of collection
or foreclosure action by the Association.
16. PARTITION OF COMMON ELEMENTS PROHIBITED.
There shall be no partition of the common elements and
facilities and limited common elements through judicial
proceedings or otherwise, except as otherwise provided in this
Declaraticn, until this Declaration is terminated and the
property is withdrawn from its terms or flom the terms cf t.he
app1icabl.e statr!tec regarding unit ownership or condominium
ownership; provided, however, that if any unit shall be owned by
nothing contained herein shall be deemed to prohibit a voluntary
two or more co-owners as tenants in common or as joint tenants, 0
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or judicial partition of said single unit as between such
co-owners. No unit may be subdivided or separated.
17. CONVEYANCE TO INCLUDE INTERESTS IN COMMON ELEMENTS
AND FACILITIES AND LIMITED COMMON ELEMENTS.
The percentage of the undivided interest in the common and
limited common elements and. facilities shall not be separated
from the unit to which it appertains. No unit owner shall
execute any deed, mortgage, lease or other instrument affecting
title tc such unit ownership without includina therein both his
interest in the unit and his correspondina percentage of
ownership in the common and limited common elements and
facilities, it being th.e intention herecf to prevent any
severance of such combined ownership. Any such deed, mortgage,
lease or other instrument. purporting to affect the one without
including also the other shall be deemed and taken to include the
interest so omitted even though the latter is not expressly
mentioned or described therein.
18. EASEMENTS, RESERVATIONS AND ENCROACHMENTS.
18.1 Utilities. Easements are hereby declared and
qranted for the benefit of the unit owners and the Association
and reserved for the benefit of the Declarant for utility
purposes, including the right to install, lay, main.tain, repair
mains, telephone wires and equipment, master television antenna
and replace water msins, laterals and pipes, sewer lines, gas
system wires and equipment, and electrical conduits and wj.res and
eqripnent, including power transformers, over, under, along and
on any part cf the common elements and limited elements, and
facilities to service the condominicm property.
e
the construction, reconstruction, sett.lement, or shifting cf any
18.2 Encroachments. In the event t.hat by reason of
~f the buildings or the design or const.ruction of any unit, any
part of the common elements and facilities, or limited common
elements, enCrOJ.ches or shall hereaft.er encroach u@on any part of
any unit, or any part of any unit encroaches or shall hereafter
encroach upon any part of the common elements and facilities, or
limited common elements, or an![ portion of any unit encroaches
maintenance of such encroachment are herehy established an3 shall ~pon. any part of any other unit, ve.lid easements for the
exist for the benefit of such unit so long as all or any part of
the building shall remain st.anding, and unit and common element
houndarie9 shall be as provided in the Act. Provided, however,
that in no event shall a valid easement for any encroachment be
created. in favor of the owner of any unit or in favor of the
owner or owners cf the ccmmcn elements or facilities, or limited
and knowing conduct of said owner or owners.
ccmmcn el.ementz, if such encrcachment occurred due to the willful 0
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18.3 Binding Effect. All easements and rights
described in this Section 18 are easements appurtenant, running
with the land, and are subect to the reasonable control of the
Association. All easements and rights described herein are
granted and reserved to, and shall inure to the benefit of and be
binding on, the undersigned, its successors and assigns, and on
all unit owners, purchasers and mortgagees and their heirs,
personal representatives, successors and assigns. The
Association or the Declarant shall have the authority to execute
and record all documents necessary to carry out the intent of
this Section 18.
19. FAILURE OF ASSOCIATION TO INSIST ON STRICT
PERFORMANCE NOT WAIVER.
The failure of the Association to insist, in any one or
covenants, conditions or restrictions of this Declaration, or to
more instances, upon the strict performance of any of the terms,
notice or to institute any action, shall not be construed as a
exercise any right or option herein contained, or to serve any
waiver or a relinquishment for the future of such term, covenant,
condition or restriction, but such term, covenant, condition or
restriction shall remain in full force and effect. The receipt
by the Association of payment of any assessment from a unit
owner, with knowledge of the breach of any covenant hereof, shall
not be deemed as a waiver of such breach, and no waiver by the
Association of any provision hereof shall be deemed to have been
made unless expressed in writing and signed by the Association.
20. ARCHITECTURAL CONTROL COMMITTEE AUTHORITY.
property, additional fences, or changes in existing fences,
No exterior additions or alterations to any building on the
hedges, walls, walkways and other structures shall be commenced,
erected or maintained except such as are installed or approved by
the Developer in connection with the initial construction of the
buildings on the properties, until the plans and specifications
approximate cost of same shall have been submitted to and
showing the nature, kind, shape, height, materials, location and
approved in writing as to harmony of external design and location
in relation to surrounding buildings in the subdivision by an
Architectural Committee composed of the Board of Directors of the
Association, or by a representative or representatives designated
by the Board of Directors. In the event said committee, or its
design and location within thirty (30) days after said plans and designated representatives, fails to approve or disapprove such
specifications have been submitted to it, and if no suit to
enjoin the making of such additions, altertions or changes has
been commenced within sixty (60) days of application, such
approval will be deemed to have been given. If no application
has been made to the Architectural Committee or their
representatives, suit to enjoin or remove such additions,
0
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alterations or changes may be instituted at any time. Neither
the members of the Architectural Committee or its designated
representatives shall be entitled to compensation to themselves
for services performed pursuant to this paragraph, but
compensation may be allowed to independent professional advisors
not be placed on any building without the approval of the
retained by the Architectural Committee. Exterior antennae shall
Architectural Committee or its designated representatives. Until
ten percent (10%) of the units have been sold, the Architectural
Committee must have the written approval of the Developer.
21. AMENDMENTS TO DECLARATION.
termination of the condominium form of ownership, this
Except as otherwise provided by the Act with respect to
Declaration may be amended with the written consent of not less
than seventy-five percent (75%) of the unit owners and mortgages
following the construction and initial sale of seventy-four (74)
units by Declarant. Prior to such time the consent in writing of
the Declarant, its successors or assigns, shall also be required.
No amendment shall alter or abrogate the rights of Declarant as
contained in this Declaration. Copies of amendments shall be
certified by the President and Secretary of the Association in a
form suitable for recording. A copy of the amendment shall be
recorded with the Register of Deeds for Waukesha County, and a
copy of the amendment shall also be mailed or personally
delivered to each unit owner at his address on file with the
Association.
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22. MORTGAGEE RIGHTS.
22.1. The holder of any first mortgage or land
contract upon a unit in BAY BREEZE CONDOMINIUM ("Mortgagee"),
upon the submission of a request to the Association in writing
delivered to the Resident Agent as specified herein, shall be
entitled to receive notice from the Association of the following
matters:
a. Written notice as to any default or delinquency
in the performance by the individual unit owner who is the
Mortgagee's mortgagor as to any obligation under the Condominium
days after written notice of said default or delinquency by the
documents, which default or delinquency is not cured within 30
Association to the said mortgagor:
b.
the membership or Board of Directors of the Association to be
Written notice of the call of any meeting of
held for the purpose of considering any proposed Amendment to the
Declaration, the Articles of Incorporation of the Association, or
the By-Laws of the Association: 0
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C.
the common elements of the Condominium, including the buildings,
Written notice of any damage or destruction to
which is in an aggregate amount exceeding $10,000, at such time
fixtures and equipment which are a part of the common elements,
as such damage or destruction is known to the Board of Directors.
22.2. Except as provided by the Act in the case of
damage to or destruction of all or any part of the property, the
Association shall not, unless the Mortgagees of at least 75% of
the units have given their prior written consent:
common elements of the Condominium appurtenant to any unit, or
a. Change the undivided percentage interest in the
the manner of making assessments for common expenses based upon
such percentage.
b. Partition or subdivide any unit or common
elements of the Condominium.
C.
the Condonimium or encumber or convey any part of the common
By act or omission seek to abandon or terminate
elements of the Condominium.
23. REALLOCATION OF BOUNDARIES.
Unit owners in BAY BREEZE CONDOMINIUM may reallocate unit
boundaries between adjoining units upon compliance with the
provisions hereof and the Act:
23.1 Written Application. Owners of adjoining units
boundaries shall make written application to the President of the
in BAY BREEZE CONDOMINIUM who may wish to relocate mutual unit
Association. The written application shall identify the units
involved and shall specify the proposed reallocation of the
aggregate undivided interest in the common elements appertaining
to the units involved in the reallocation. The application shall
also contain a proposed reallocation, if any, of the votes in the
Association with respect to the units involved in the
Association.
reallocation for approval by the Board of Directors of the
23.2 Notice and Meeting. Upon receipt of the
written application, the President of the Association shall give
written notice to all other unit owners advising of the proposed
reallocation of boundaries, stating the units involved in the
reallocation and the proposed reallocation of votes and undivided
ownership interest in the common elements. The notice to unit
owners shall be delivered within ten (10) days after the written
application is received. The Board of Directors of the
Association shall meet to consider the reallocation no earlier
than thirty (30) days after the notice is given to the unit
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c *... ..
owners and no later than sixty (60) days after the written
application is received.
by the Board of Directors at such meeting, and approval as to the
23.3 Amendment to Declaration. Upon consideration
reallocation of votes in the Association and the undivided
units, the President shall direct the preparation and execution
interest in the common elements with respect to the relocated
of appropriate documents, including an amendment to this
Declaration. The amendment shall identify the units involved and
shall state that the boundaries between these units are being
relocated by agreement of the unit owners thereof. The amendment
shall contain words of conveyance between the said unit owners,
and shall specify the reallocation of the aggregate undivided
ownership interest in the common elements appertaining to the
units as relocated, the votes attributable to the relocated units
in the Association, the use of limited common elements
appurtenant to the relocated units, and a statement that common
expenses and special assessments of the Association shall
thereafter be assessed in accordance with the percentage of
undivided ownership interest in the common elements appurtenant
to the relocated units. Plats and plans showing the relocated
boundaries and the dimensions of the units and the identifying
unit numbers shall be prepared and certified in accordance with
requirements of the Act.
23.4 Effective Date. After the appropriate
documents have been prepared and executed by the President and
Secretary of the Association, the documents shall be delivered to
the requesting unit owners upon payment by such unit owners of
preparation of such documents. The reallocation of boundaries
all charges and expenses incurrend by the Association for the
and the documents shall be effective only when signed by the
requesting unit owners and their mortgagees, if any, and recorded
with the Register of Deeds for Waukesha County, Wisconsin. The
effective date shall be the date of recording.
23.5 No Subdivision. No unit in BAY BREEZE
CONDOMINIUM may be subdivided or separated, except that units
which have reallocated boundaries in accordance with the
foregoing provisions may thereafter be separated, provided that
no resulting unit shall be smaller in square footage or
percentage of undivided interest in the common elements than the
units as originally declared by this Declaration. The procedures
be as stated in the Act.
for separation of units which have reallocated boundaries shall
24. NOTICES.
this Declaration or the By-Laws of the Association shall be
All notices and other documents required to be given by
sufficient if given to one (1) registered owner of a unit
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regardless of the number of owners who have an interest therein.
Notices and other documents to be served upon Declarant shall be
given to the Resident Agent specified herein. All owners shall
provide the Secretary of the Association with an address for the
mailing or service of any notice or other documents and the
Secretary shall be deemed to have discharged his duty with
respect to the giving of notice by mailing it or having it
delivered personally to such address as is on file with him.
25. NUMBER AND GENDER.
Whenever used herein, unless the context shall otherwise
provide, the singular number shall include the plural, the plural
shall include the singular, and the use of any gender shall
include all genders.
26. CAPTIONS.
as matters of convenience and for reference, and in no way define
The captions and section headings herein are inserted only
nor limit the scope or intent of the various provisions hereof.
27. SEVERABILITY.
The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or
unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of the remaining
portion of said provision or of any other provision hereof.
IN WITNESS WHEREOF, the said
Declarant, has caused this document to be executed at Milwaukee,
Wisconsin as of the date first set forth above.
BY:
President
ATTEST :
Secretary
This instrument was drafted by:
Herbert Levine and Jeffrey S. Schuster
Stupar 8 Schuster, S.C.
633 West Wisconsin Avenue, #EO0
Milwaukee, Wisconsin 53203
(414) 271-8833
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IRREVOCABLE LETTER OF CREDIT
CREDIT NO:
Date ONE HUNDRED TEN THOUSAND
September 30, 1988 AND N0/100 ($110,000.00)
AMOUNT:
DOLLARS
APPLICANT:
P. 0. BOX 425
INGERSOLL DEVELOPMENT CORP.
MUSKEGO, WISCONSIN 53150-0425
BENEFICIARY:
CITY of MUSKEGO
8200 S. RACINE AVENUE
MUSKEGO, WIS. 53150
EXPIRATION DATE:
DECEMBER 31. 1989
Dear Sirs:
We hereby issue this irrevocable documentary credit in your
favor (the beneficiary's) which is available by the
beneficiary's draft(s) at sight drawn on BANK-ONE, WAUHESHA.
Each draft accompanying documents must state "Drawn under
BANK-ONE, WAUKESHA Documentary Credit No. -
CONTINUED ON PAGE TWO (2) WHICH IS AN INTEGRAL PART OF THIS
STANDBY CREDIT
PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO.
DATED SEPTEMBER 30, 1988
This Standby Credit is to provide security to the City of
Muskego for the performance of Ingersoll Development Corp.'s
obligations under that certain Agreement dated 30th day of
September, 1988 between the City of Muskego, and Ingersoll
Development Corp.
-
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego
stating that Ingersoll Developement Corp. has failed to
complete the construction of a water supply and distribution
system, berms and landscaping along Janesville Rd. in
accordance with said Agreement. Said statement shall set
forth the estimated amount necessary for the City of Muskego
to complete such improvements.
SPECIAL CONDITIONS:
This standby credit will terminate on the 31st day of
December, 1989 provided, however, BANK-ONE, WAUKESHA shall
give written notice to the beneficiary of its intention to
terminate this standby credit at least 90 days prior to said
31st day of December, 1989. After said date this letter of
credit can only terminate upon 90 days written notice to the
beneficiary.
It is hereby agreed by all parties hereto that the reference
to "Agreement" is for identification purposes only and such
reference shall not be construed in any manner to require
BANK-ONE, WAUKESHA to inquire into its terms and
obligations.
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rrc
We engage with you that drafts drawn under and in compliance
with the terms oi this credit will be duly honored if
presented on or before the expiration date. This original
drawings hereunder for our endorsement of any payments
Standby Credit must be submitted to us together with any
effected by us and/or for cancellation.
Very truly yours,
BANK-ONE, WAUKESHA