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CCR19922150 AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #215-92 APPROVAL OF AMENDMENT TO DEVELOPER'S AGREEEMENT JC DEVELOPMENT WHEREAS, a Subdivider's Agreement was approved between J.C. Development (Bay Breeze Condomiminiums) and the City of Muskego on November 29, 1988, and WHEREAS, the Subdivider's Agreement between J.C. Development and the City of Muskego was further amended on May 12, 1992, and WHEREAS, the Plan Commission and Finance Committee have recommended that Section VI 0, Tennis Courts, be deleted the attached Amendment. from the Agreement and replaced with new language as stated in NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission and Finance Committee, does hereby approve the Amendment to the Developer's Agreement, as amended and attached, subject to the approval of the City Attorney. 0 DATED THIS DAY OF , 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Edwin P. Dumke Ald. Patrick A. Patterson Ald. David D. Sanders This is to certify that this is a true and accurate copy of the City of Muskego. Resolution #215-92 which was adopted by the Common Council of City Clerk Deferred 8/25/92 Deferred 9/8/92 AMENDMENT TO DEVELOPER‘S AGREEMENT referred to as “Ingersoll“ and the City of Muskego, hereinafter referred to as “City,“ entered into a Developer‘s Agreement dated November 29, 1988; and, WHEREAS, Ingersoll Development Corporation, hereinafter 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 WHEREAS, The City of Muskego and J.C. Development May 12, 1992. Corporation further amended the Developer’s Agreement on WHEREAS, JC, the successor in interest to Ingersoll as to the agreement entered on November 29, 1988, and the City wish to amend the same. both parties, it is agreed as follows: NOW, THEREFORE, For valuable consideration acknowledged by That Section V, 0, Tennis Court, shall be amended to delete the following: “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, 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.” That Section V, 0, Tennis Court, shall be replaced with the following: “The developer agrees to reimburse $5,000 to the City Park Dedication Fund in lieu of the construction of the tennis courts, and that the remainder of the value of said tennis courts, to be a minimum of $15,000, be given to the Bay Breeze Condominium Association.“ Dated this day of , 1992. JC Development Corporation City of Muskego BY BY BY BY COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #215-92 AMENDED APPROVAL OF AMENDMENT TO DEVELOPER'S AGREEEMENT JC DEVELOPMENT WHEREAS, a Subdivider's Agreement was approved between J.C. Development (Bay Breeze Condomiminiums) and the City of Muskego on November 29, 1988, and WHEREAS, the Subdivider's Agreement between J.C. Development and the City of Muskego was further amended on May 12, 1992, and WHEREAS, the Plan Commission and Finance Committee have recommended that Section V, 0, Tennis Courts, be deleted from the Agreement and replaced with new language as stated in the attached Amendment. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission and Finance Committee, does hereby approve the Amendment to the Developer's Agreement, as amended and attached, and as presented to the Clerk by Godfrey h Kahn and dated October 13, 1992 subject to the approval of the Mayor upon recommendation of the City Attorney; the Mayor and Clerk are authorized to execute the same upon said approval. DATED THIS 13TH DAY OF OCTOBER , 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. David J. Sanders Ald. Edwin P. Dumke This is to certify that this is a true and accurate copy of Resolution #215-92 which was adopted by the Common Council of the City of Muskego. 8/92 jmb Deferred 8/25/92 Deferred 9/8/92 AMENDMENT TO DEVELOPER'S AGREEMENT WHEREAS, Ingersoll Development Corporation, hereinafter referred to as "Ingersoll" and the City of Muskego, hereinafter November 29, 1988, and referred to as "City," entered into a Developer's Agreement dated WHEREAS, the City and JC Development Corp., hereinafter Agreement dated May 12, 1992: and referred to as "JC," entered into an Amendment to Developer's WHEREAS, JC and the City wish to further amend the Developer's Agreement. NOW, THEREFORE, for valuable consideration acknowledged by both parties, it is agreed as follows: 1. Amendment to Develouer's Aareement. Section V, 0, of the Developer's Agreement is hereby amended to read as follows: 0. Tennis Court. Any other provision of this Agreement notwithstanding, the Developer court in connection with the Planned Unit shall not be required to construct any tennis Development provided for herein. 2. Contribution. In consideration of the City's agreement to amend the Developer's Agreement as contemplated by Section 1, above, and as compensation for the added burden which will be placed upon the City's recreational facilities by virtue of the elimination of the tennis court from the Planned Unit Development, JC hereby agrees to contribute $5,000 to the City of Muskego Treasury, such contribution to be made in cash within five (5) business days of the date hereof. 3. Indemnification. amend the Developer's Agreement as contemplated by Section (a) In consideration of the City's agreement to Jr., individually, (collectively, the "Indemnifiers".) hereby 1, above, JC and Colette 3. Giefer and John S. Ingersoll, agree to indemnify the City, its officers, employees and agents, from and against any loss, damage, cost or expense person, corporation or entity against the City, its in any way relating to any claim brought at any time by any agreement to amend the Developer's Agreement as contemplated officers, employees and/or agents based upon the City's by Section 1, above. notify the City with respect to any such claim, then the City shall promptly notify JC thereof in writing: provided, however, that failure to give such notification shall not affect the indemnification provided for hereunder, unless the Indemnifiers shall have been actually prejudiced as a result of such failure, and then only to the extent of such prejudice. (b) If any person, corporation or entity shall (c) JC shall have the right to compromise or defend, at its own cost and expense and by its own counsel, any such matter: provided, however, that no compromise of being sought shall be made without the consent of the City any claim for which indemnification under this Agreement is unless such compromise results in the full and unconditional release of all claims against the City, its officers, employees and agents, by the party asserting such claim. If JC shall undertake to compromise or defend any asserted liability, it shall promptly notify the City of its intentions to do so. The City shall cooperate with JC and its counsel in the defense against such asserted liability and any compromise thereof. Such cooperation shall include, but not be limited to, furnishing JC with any records, books, or information reasonably requested by JC. After JC has notified the City of its intention to undertake to compromise or defend any such asserted liability, the Indemnifiers shall not be liable for any additional legal expenses incurred by the City with respect to such claim. However, the City shall have the right to participate in the defense of any such claim at its expense, in which case JC with the City about the claim. If JC does not assume the shall cooperate in providing information to and consulting defense of any such claim, the City may defend against or settle such claim in such manner or on such terms as it, in its sole discretion, deems appropriate, and shall be indemnified by the Indemnifiers for the amount of any costs, including, without limitation, reasonable attorney's judgment or settlement and for all losses, expenses and/or 2 fees, incurred by the City in connecti with the defense or settlement of such claim. el /!! e" u)dd Dated this day of -, dmNbLrbgg2 JC DEVELOPMENT CORP. By : ada-ing.ifg 10/16/92 u Colette J. Gier i/ CITY OF MUSKEGO 3 \ AMENDMENT TO DEVELOPER'S AGREEMENT kego, hereinafter n, hereinafter as "City," entered into a Developer's Agreement er 29, 1988; and, he successor in dated October May 12, 1992. Corporation furthe WHEREAS, JC, the the agreement entered to amend the same. both parties, it is agreed a court the earlier of four (4) s from the date of this ver, shall not be as stated on Exhibit A, but shall be That Section V, 0, Tennis Court, shall replaced with the following: "The developer agrees to reimburse $5,000 h o the City Park Dedication Fund in lieu of the construction courts, and that the remainder of the value said tennis courts, to be a minimum of $15,000, be Breeze Condominium Association." Dated this day of JC Development Corporation City of Muskego BY BY BY BY rnITY/PLRN DVAGRING