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CCR1992041AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #41-92 APPROVAL OF AMENDMENT TO DEVELOPER'S AGREEMENT JC Development WHEREAS, the subdivider's agreement dated October 10, 1990 as to Xarah Court is null and void; and WHEREAS, that agreement included conditions as to a planned unit development; and WHEREAS, the Finance Committee has recommended those conditions be included in the original Developer's Agreement between Ingersoll Development Corporation and the City of Muskego dated November 29, 1988. 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 Amendment to Developer's Agreement as attached, subject to approval of City Attorney. DATED THIS llTH DAY OF FEBRUARY , 1992 SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders This is to certify that this is a true and accurate copy of City of Muskego. Resolution #41-92 which was adopted by the Common Council of the 2/92cac AMENDMENT TO DEVELOPER'S AGREEMENT 8 e m referred to as "Ingersoll" and the City of Muskego, hereinafter WHEREAS, Ingersoll Development Corporation, hereinafter referred to as "City", entered into a Developer's Agreement dated November 29, 1988; and, Corporation, hereinafter referred to as "JC, the successor in interest to Ingersoll", entered into a Subdivider's Agreement dated October 10, 1990; and, WHEREAS, The City of Muskego and J.C. Development the agreement entered on November 29, 1988, and the City wish to WHEREAS, JC, the successor in interest to Ingersoll as to amend the same. NOW, THEREFORE, For valuable consideration acknowledged by both parties, it is agreed as follows: 1. 2. 3. 4. 5. That Section V, K, Mixed Used Facility and L, Single Family Homes at West End of Property are hereby deleted and created to state "that no mixed used facility shall be constructed on the property subject to this agreement and that no other single family dwellings shall be allowed to be constructed on the property subject to this agreement except as allowed by the density requirements of the planned unit development City of Muskego. It is understood that as of the date of and as further approved pursuant to the Ordinances of the this Amendment, there remains a density allowance of 13 units. The permission by the City of Muskego to install not more than 25 semi-private boat slips for the mixed use facility on the center section, as defined by Section V, paragraph 2, is hereby deleted and created to state "that no semi-private boat slips for the use of the mixed use facility shall be constructed". That Section V, 0, Tennis Courts, shall be amended to add the following: "the location of the tennis court, however, shall not be as stated on Exhibit A, but shall be in the middle of the Bay Breeze Condominiums in the park common area, said area that is bound by buildings 7, 8, 9, 10, 11, and 12". Section V, P, Boat Storage Building, is deleted and replaced by the following: "that no boat storage building shall be constructed on the property in question". That Section V, R, is added to said agreement to read as follows: "V, R, Outlot, an outlot described on the copy of a Certified Survey Map, attached as Exhibit "A" made a part of the adjacent property to the east". , hereto and That Section I11 Dedication is amended to add to said agreement and to read as follows: Amendment to Developer's Agreement Page 2 6. 7. 8. That JC shall without charge to the City and after approval of the same by the City Engineers unconditionally give grant, convey and fully dedicate to the City the sanitary sewer system described in detail on Exhibit "B" attached hereto and made a part hereof and that said system shall belong to the City's successors and assigns forever, free and clear of all encumbrances whatever together with and including without limitation because of enumeration any and all lands, building structures, mains, conduits, pipes, hereditaments which may in any way be a part of or pertain lines, plants, machinery, equipment, appurtenances, and to such improvement together with any and all necessary easements for access thereto and the further right without limitation to construct, repair and reconstruct the same. That Section V is added to said agreement to read as follows: It is understood that the lake front of the center and west section has been subdivided into individual residential same rights to use their lake frontage as would any other lots, and the individual residential lot owners have the residential lake front owner. That the Developer's Agreement dated November 29, 1988, unless specifically amended by this document, shall remain in full force and effect. That the Subdivider's Agreement dated October 10, 1990 as to Karah Court is hereby declared to be null and void and of no effect, it being the understanding of the parties that the same was never recorded and none of the steps required to be taken by said agreement were completed. Dated this day of , 1992 JC Development Corporation BY BY City of Muskego BY TXTCITYIPLPN: DVAGRINC cds - EXHIBIT "A" - EXHIBIT "B" - - UTILITY EASEMENT: Wig an easement upon Bay Breeze Condominiums and being part of the Northwest l/4 of the Southeast U4 of Section 9, Town 5 North, Range 20 East, in the City of Muskego, Waukesha Coaaty, Wisconsin, more particularly bounded and described as follows: Commencing at the Sontheest comer of Parcel 2 Certified Survey Map No. 6287, said point being in the Northern Rightof-Way of JanePviUe Road (C.T.B. "L'3; Thence along Janesville Road North 80' 04' 27" East, 34..77 feet to the place of beginning of lands hereinaPter described: Thence leaving JanesviUe Road North 23 50' 00" West, 25734 feet to a point; Thence North 11 ' 00' 31" West, 93.53 feet to a point; Thence North 15 ' 40' 00" West, 73.74 feet to n point; Thence Sonth Ill' 40' 00" West, 219.49 feet to a poine Thence North 10" 11' 33" West, 20.01 feet to a point; Thence North 81" 40' 00" East, 273.73 feet to B poinr; Thence South ,l5" 40' 00" East, 92.14 feet to a pinG Thence South 11" 00' 31" East, 32.03 feet to a point; Thence South 23' SO' 00" East, 260.04 feet to a point in the Northern he of Jenesville Road; Thence along JanesMUle Road South 80' 04' 27" West, 20.60 feet to the point of beginning. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #41-92 PER'S AGREEMENT JC Development ed October 10, 1990 as to ions as to a planned unit development; and mended those conditions he City of Muskego dated Agreement between November 29, 1988. Common Council of the n of the Finance dment to Developer's Agreement as attached. DATED THIS DAY OF Ald. Harold L. Sanders \ Th is is to certify tha t th is is a true ant d accurate copy of Resolution #41-92-which was adopted by the Common Council of the City of Muskego. 2/92cac City Clerk