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CCR1991099COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #99-91 APPROVAL OF AMENDMENT TO SUBDIVIDER'S AGREEMENT (West Lake Subdivision) WHEREAS, the West Lake Subdivision Subdivider's Agreement was approved in Resolution #14-90, and WHEREAS, the Public Utilities Committee has recommended approval of an Amendment to the Subdivider's Agreement, along with a $10,000 Letter of Credit to provide that if at any time within five (5) years from the date of this Agreement the City Engineers determine that the sewer line is not installed or operating correctly, the City may draw upon this Letter of Credit to correct the same. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Committee, does hereby approve the Amendment to the Subdivider's City of Muskego, upon the recommendation of the Public Utilities Agreement, as attached. BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to sign said Amendment in the name of the City. - 0 DATED THIS 23RD DAY APRIL , 1991. PUBLIC UTILITIES COMMITTEE Ald. Daniel J. Hilt Ald. William T. Simmons Ald. David J. Sanders ATTEST: City Clerk 4/91cac AMENDMENT TO SUBDIVIDER'S AGREEMENT The Subdivider's Agreement by and between West Lake Development (hereinafter the "Developer") and the City of Muskego (hereinafter the "City") dated the 10th day of January , 1990 is hereby amended as follows: 1. Section XIV, Financial Guarantee, is amended to add the following: "In addition to all other financial guarantees, the Developer shall file with the City upon execution of this Agreement, a Letter of Credit setting forth terms and conditions approved by the City Attorney in the amount of $10,000 as a guarantee that the improvement known as the sewer line between the prior existing manhole in the intersection of Fairfield and Courtland and Manhole No. 1 of this development which is 68 feet more or less west of said prior existing manhole is installed and operating correctly in the opinion of the City's Engineers. If at any time within five (5) years from the date of this Agreement the City Engineers determine that said sewer line is not installed or operating correctly, the City may draw upon this Letter of Credit to correct the same." 0 2. All other provisions of the Subdivider's Agreement remain the same. Dated this 23=d day of ~pril , 1991. WEST LAKE DEVELOPMENT CITY OF MUSKEG0 By: By : Wayne G. Salentine, Mayor By: Jean K. Marenda, Clerk IRREVOCABLE STANDBY DOCUMENTARY CREDIT CREDIT NO. AMOUNT : DATE : $10,000.00 ................................. APPLICANT : WEST LAKE DEVELOPMENT BENEFICIARY: CITY OF MUSKEG0 EXPIRY DATE: W182 S8200 Racine Avenue Muskego, Wisconsin 53150 AT OUR COUNTERS ................................. Dear Sirs: favor City of Muskego which is available by beneficiary's draft(s) at sight drawn on , for the account of WEST LAKE DEVELOPMENT up to an aggregate amount of $10,000. Each draft accompanying documents must state "Drawn under Documentary Credit NO. We hereby issue this irrevocable documentary credit in your Muskego for the performance of WEST LAKE DEVELOPMENT * s obligations to guarantee the installation and operation of a certain sewer This standby credit is to provide a guarantee to the City of line as set forth in an Agreement dated the day of DEVELOPMENT. , 1991 between the City of Muskego and WEST LAKE DRAETS ARE TO BE ACCOMPANIED BY: stating that the sewer line is not installed and operating A statement signed by the Mayor of the City of Muskego pursuant to the Agreement of the parties referred to above. SPECIAL CONDITIONS : This Standby Credit will terminate on the day of shall give written notice to the beneficiary of its intention to , 199 , provided, however, , .~ I - PAGE 2. AN INTEGRAL PART OF STANDBY CREDIT NO. terminate this standby credit at least 90 days prior to said day of can only terminate up= 90 days of written notice to the City of Muskego. , 199 . After said date this Letter of Credit It is hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and such references shall not be construed in any manner to obligations. to inquire into its terms and compliance with the terms of this Credit will be duly honored if We encourage with you that drafts drawn under and in presented on or before the expiry date. This original Standby Credit must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellat ion. Very truly yours,