CCR1994199AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #199-94
Approval of Developer's Agreement and
Letter of Credit
WHEREAS, the Developer's Agreement and Letter of Credit have been
of Janesville Road and Racine Avenue from MSI Development
received for the commercial development on the northwest corner
Corporation, as attached; and
WHEREAS, the Finance Committee has recommended approval.
City of Muskego, upon the recommendation of the Finance
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Letter of Credit by and between the City of Muskego and MSI
Committee, does hereby approve the Developer's Agreement and
Development Corporation, as attached, subject to approval of the
City Attorney and City Engineer, verification of cost improvement
breakdown for the Letter of Credit, and removal of Item #2 from
within thirty (30) days of the date of approval of this
the Letter of Credit. All of said approvals to be obtained
Resolution or the same will be null and void.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
city.
DATED THIS 27TH DAY OF SEPTEMBER , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald, Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Council of the City of Muskego.
Resolution #199-94 which was amended and adopted by the Common
9/94 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #199-94
Approval of Developer's Agreement and
Letter of Credit
WHEREAS, the Developer's Agreement and Letter of Credit have been
received for the commercial development on the northwest corner
of Janesville Road and Racine Avenue from MSI Development
Corporation, as attached; 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 Developer's Agreement and
Letter of Credit by and between the City of Muskego and MSI
Development Corporation, as attached, subject to approval of the
City Attorney and City Engineer, and subject to the approval of
the Letter of Credit by the City Attorney, all of said approvals
to be obtained within thirty (30) days of the date of approval of
this Resolution or the same will be null and void.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City.
'0
DATED THIS DAY OF , 1994.
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
City of Muskego.
Resolution #199-94 which was adopted by the Common Council of the
9/94 jmb City Clerk
F 2/3
IRREVOCABLE STLNDBY CREDIT
CREDIT NO: AMOUNT: USD
"""""""""""""""""""""""""""""""""
A=A:
MSI Development Corpora.zion
P.O. Box 223
oconomowoc, WI 53066
BENEFICIARY: EXPIKQION nu:
City of Muskego
W182 58200 Racine Avenu,?
P.O. Box 903
Muskego, WI 59150-0903
"""""""""""""""""""""""""""""""""~
Dear Sirs:
We hereby issue this ir:cevocable 6oc~mentery credit in your favor
which is available by beneficiary's draft(s) at sight drawn on Bank
One, Milwaukee, N4 svailable with ourselves. Each draft
accompanying documents :nust state "Drawrr under Standby Credit No.
Muskego for the performance of KSI Development Corporation's
This Standby Credit is to provide a guarantee to the City of
obligations under that :ertain agreenent dated
between the City of Mus:irego and epplicant.
DRAFTS ARE TO BE ACCOlQWIED BY:
of the City of Muskego, and I certify th2t there is a material
1. A statement certifying that: "I, Jfill in name), am the Mayor
defect in the construction of the improvements in accordance with
said Agreement. The City of Muskego is drzwing upon this Standby Letter of Credit pursuant to the Financial Gdarantee provisions of
said Agreement. 11 Said statement shall set forth the estimated
amount necessary for the City c? Muskego to complete such
improvements.
CONTINUED ON PAGE TWO (2) TAICE IS AX INTEC-K1.L PART OF THIS CREDIT
PAGE TWO (2) AN INTEGRAL PART OF STANDY CREDITY NO. DATED
SPECIAL CONDITIONS:
This Standby Credit will terminate on the Expiration Date shown
above provided, however, Bank One, Milwarnee, Wisconsin, shall give
mitten notice to the heneficiary of its intention to terminate
this Standby Credit at :Least 90 days prior to the Expiration Date
("Notice Date"). After the Notice Date defined in this paragraph,
this Letter of Credit can only termihate upon 90 days written
notice ta the beneficiary.
We engage with you that drafts drawn under and in compliance vith
the terms of this credit will be duly honored if presented on or
before the expiration 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 cancellation. 0
Very truly yours, Bank One, Milwaukee, NA
Authorized Signature
SEF 27 '94 09:38AM MSI GENER9L
IRRE,VOCABLE STANDBY CREDIT -
P. 2/3
CREDIT NO: AMOUNT: USD - -~-""""""""""""-""""""""""""~""""""~
A=CANT:
US1 Development Corporation
oconomowoc, WI 53066
P.O. BOX 223
BENEFICIARY:
City of Muskeso
EXPIRATION pBTE:
Wl82 58200 Racine Avenul?
P.O. BOX 903
Muskego, wr 53150-090:3
"""""""""""","""""""""""""""""""""-
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor
which is available by beneficiary's draft(s) at sight drawn on Bank
One, Milwaukee, NA available with ourselves. Each draft
accompanying documents :rust state "Drawn under Standby Credit No.
II
This Standby Credit is to provide a guarantee to the City of
Muskego for the performance of MSI Development Corporation's
obligations under that 'certain agreement dated
between the City of Mus:kego and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
1. A statement certifying that: "I, jf
of the City of Muskego, and I certify that there is a material
ill in name) , am the Mayor
defect in the construction of the improvements in accordance with
Letter of Credit pursuant to the Financial Guarantee provisions of said Agreement. The City of Muskego is drawing upon this Standby
said Agreement." Said statement shall set forth the estimated
amount necessary for the City of Muskego to complete such improvements.
2. Copy/copies of the written notice(s) sent via certlfled I, mau
the City of Muskego to MM
address ihforming them of such material defect. Such notice shall
e above
be postmarked at least 15 days prior to the the date of the above
Expiration Da
1) statement unless such statement is dated within 15 days of the
a statement to the effect that KSI Development Corporation ha6 te, in which case such notice must be accompanied by
refused to extend this letter 05 credit for an additional 15 days.
CONTINUED ON PAGE TWO (2) WHICH IS AK INTEGRAL PART OF THIS CREDIT
by
SEP 27 '91 05:XPM MSI GENERRL F 313
PAGE TWO (2) AN INTEGRAL PART OF STANDY CREDITY NO.
DATED 0
2. (cant.) Applicant is solely repsonsible for notifying
Beneficiary and Bank On€., Milwaukee, NA, of any change of address.
Beneficiary is only obligated to notify Applicant at its last known
address, and is not responsible for obtaining or producing return
receipt (5) for said notice (s) .
SPECIAL CONDITIONS:
This Standby Credit wi1.l terminate on the Expiration Date shown
above provided, however, Bank One, Milwaukee, Wisconsin, shall give
written notice to the heneficiary of its intention to terminate
this Standby Credit at :Least 90 days prior to the Expiration Date
(Ifftotice Date"). After the Notice Date defined in this paragraph,
this Letter of Credit can only terminate upon 90 days written
notice to the beneficiary.
We engage with you that drafts drawn under and in compliance with
the terns of this credit will be duly honored if presented on or
before the expiration date. This original Standby Credit must be 4
submitted to us together with any drawings hereunder for our
endorsement o€ any payments effected by us and/or for cancellation.
Very truly yours,
Bank One, Milwaukee, NA
4
Authorized Signature
SEP 23 '94 ~IBQM MSI GENERQL P. 2
This Agreement, made thk - day of by and between MSI
Development Corporation, hereinafter called the "Developer", and the City of Muskego, a
municipal corporation of the State aof Wisconsin, located in Waukesha County, hereinafter called
the "City."
WITNESSETH
WHEREAS, the Developer has submitted for approval by the City a proposed Certified
Survey Map for the commercial development of the northwest corner of Janesville Road and
Racine Avenue in the City of Muskego, a copy of which is attached hereto as Exhibit A, the
original of which will be recorded with the Register of Deeds for Waukesha County and a copy
of which is on file in !he Officr! of the City Clerk, for which a Final Site, Building and
Operation Plan was approved by the City on June 28, 1994;
WHEIZEAS, as a condition of approval, the governing body of the City may require that
the Developer make and install cerhin improvements reasonably necessary for the Development
and further, may require dedication of public utilities within the Development, to be conditioned
upon the construction of said irnp.:ovements according to municipal specifications without cost
to said municipality; and
0
WH'EREAS, the City's Er..gineers, the City's Public Works Committee, Public Utility
Committee and Finance Committte have duly approved, contingent of certain other approvals,
Developer's plans and specificaticlns for such improvements, and the City's Plan Commission
and Common Council have duly approved the final Site, Building, and Operation Plan contingent
upon the execution and performawe of this agreement by the Developer.
NOW, THEFEFORE, in consideration of the covenants herein contained, the panies
hereto agree as follows:
SEp 23 '94 10:lBAM MSI GENERAL P.3
PAGE2
DEVELOPER'S AGREEMENT
Developer, entirely at its expense, shall:
A. DRIVE AND PARIW AREAS:
1. Grade and improve all drive and parking arm in accordance with the
design of szid Development and the plans and specifications attached
hereto, madr: a part hereof and marked Exhibit "B".
2. Developer shall install an access to the site via a pedestrianbike path at
the intersedon of Janesville Road and Wine Avenue.
B. ANn mmNG u:
1. Developer lall construct, install, furnish and provide facilities as
approved by the City Engineer and public Works Committee for storm
and surface 'water drainage throughout the entire Development, as shown
on the Master Grading Plan, all in accordance with the plans and
specifications attached hereto, made a part hereof and marked Exhibit
"C". The City retains the right to require the Developer tu install
additional st~irm drainage and erosion control measures prior to acceptance
of improvements by the City of Muskego.
2. The City shall furnish to the Developer such permits or easements as may
be required in any public street or propeny to enter upon and install the
above described surface water drainage system therein.
3. Grade and improve Development in conformance with the Master Grading
Plan attached hereto and made a part hereof and marked Exhibit "C".
Restore with topsoil and seed. Establish dense vegetation. All after
completion with the following tolerances: All lot comers must be from
exact to plu:a or minus two (2) inches. Overall lot grades must be from
exact to minus six (6) inches. Building pads from exact to minus twelve
(12) inches. All swales and ditches must be graded to exactly minus three
(3) inches tct allow for standard finish. (See Section XII, D).
4. At Developtr's expense, and prior to acceptance of improvements and the
issuance of my occupancy permits, all storm sewers shall be cleaned. (See
Section XII, C).
SEP 23 '94 1El:IlRM MSI GENERRL P. 4
DKVELOPER'S AGREEMENT
PAGE 3
1. Developer shall construct, install, furnish, and provide a complete system
of water supply and distribution throughout the entire Development, as
approved by the City Engineer and in accordance with the plans and
specifications attached hereto as Exhibit "D". The cost of the preparation
of as-built p!ans shall be paid by the Developer.
2. The City shall furnish the Developer such permits or casement as may be
required in my public street or public property to enter upon and install
the above described wafer system therein.
3. Any water c!sed from hydrants 3hdl be metered and a permit taken out
through the City of Muskego.
4. Developer shall complete, to the satisfaction of the City Engineers, any
remaining punch list items concerning the water system, prior to
connection of any building to the water systems.
D. UNITARY SEWER:
1. Developer sl~all construct, install, furnish and provide a complete sanitary
sewage collection system throughout the entire Development, all in
accordance with the plans, specifications and drawings attached hereto as
Exhibit "E". The cost of the preparation of as-built plans shall be paid by
the Developer.
2. The City shall furnish the Developer such permits or easements as may be
required by any public street or public property to enter upon and install
the above described sewage system therein.
E. LANDSCAPING:
1. Developer !;hall remove and lawfully dispose of: (a) all old barns,
outbuildings; (b) destroyed trees, brush, tree trunks, shrubs and other
natural growth; and (c) all tubbish.
2. Developer shall plant street trees in accordance with Section 18.13 of the
Muskego Land Division Ordinance, Resolutions #P.C. 101-93 and 121-94
and the approved Landscape Plan attached hereto and marked Exhibit "F".
SEP 23 '94 18:llRM MSI GENERRL P.5
DEVELOPER'S AQREEhENT 0 PAGE4
3. Developer shall post a bond equal to twice the value of the landscaping if
occupancy of any building is requested prior to the installation of same.
The word "landscaping" shall include trees, shrubs, mulch, edging, grass,
berms, etc.
F. -ION CONTROL MEAS-:
1. Developer shall construct, install, furnish and provide a complete system
of Erosion Control Devices or measures in specified areas of the
Development, as approved by the City Engineer and the Building
Inspection Department and in accordance with the plans and specifications
attached hento as Exhibit "G", also in accordance with Chapter 29 of the
City's Muni1:ipal Code.
2. Install silt fcncing in conformance with the approved plans prior to the
grading and construction work. Such fences shall be maintained by the
Developer until such time as turf cover is established in the Development.
No grading shall occur without a two (2) day notice to the City.
3. Mulching arid seeding of ail disturbed areas to comply with Chapter 29,
4. Developer i! responsible for obtaining Erosion Control Permits for the site
for controlling erosion on the site.
5. The sum of ( ) from
the Letter of Credit (under Section XIV), shall be retained until the
adequate veptation is established as determined by the Building Inspection
Department. A reduction of fifty percent (50%) of the
allowable upon verification of fifty percent (50%) of disturbed areas ue
vegetated. If, upon a written notification by the Building Inspection
Department of non-compliance of Chapter 29, the terms are not corrected
with five (5') days, the City may utilize the
correct the terms of non-conformance. From time to time, additional
funds may Ibe required in the Developer's Deposit to cover the cost of
maintenance: as deemed appropriate by the Department.
( ) portion of the Letter of Credit is
( ) portion of the Letter of Credit to
SEP 23 '94 18:lZAM MSI GENERRL P., 6
DEVEtOPER'S AOEEMENT
PAGE 5
!JdE
The improvements set forth in Section I above shall be completed by the Developer in
total with one (1) year from signing of this Agreement or except if an earlier date is provided
for in the Agreement.
If the improvements set fo::th in Section I have not been completed within twelve (12)
months of the date of this Agreement, the Developer shall extend the Letter of Credit in a form
acceptable to the City until such time as all are completed. If the City receives notice of the
intention to terminate the Letter of Credit prior to completion of the improvements, such notice
shall be considered a failure to co:aplete improvements in accordance with this agreement and
shall entitle the City to immediately draw against the Letter of Credit.
Subject to all of the other provisions of this Agreement, Developer shall, without charge
to the City, upon completion of the above described watermain and trunk storm sewer system,
unconditionally give, grant, convcy and fully dedicate said systems (excluding those facilities
which are to be owned and mainhined by the Developer) as illustrated on Exhibit "A" to the
City, its successors and assigns, forever, free and clear of all encumbrances whatever together
with and including, without limitation because of enumeration, MY and all land, buildings,
structures, mains, conduits, pipa lines, plant, machinery, equipment, appurtenances and
hereditaments which may in any way be a part of or pertain to such improvements and together
with any and all necessary easements for access thereto. The City will be receptive to the
dedications of said improvements after the first lift of bituminous concrete pavement has been
installed, when all said utilities hrwe been completed and approved by the City Engineers and
other agencies as applicable.
SEP 23 '94 10:12QM MSI GENERQL P. 7
DEVELOPER'S AGREEMENT
PAGE 6
mN N. INSPECTIONS ,W ADMTNTSTRATION
Developer shall pay and reimburse the City in advance of the signing of the Agreement,
in accordance with Section 18.14 of the City's Land Division Ordinance and at times specified
herein, but in any event, no later than thirty (30) days afler billing, all fees, expenses and
disbursements which shall be incurred by the City prior to and following the date hereof in
connection with or relative to the construction, installation, dedication and acceptance of the
improvements covered by Section I:, including without limitation by reason of designs, plans and
specifications; supervision, inspection to insure that construction is in compliance with the
applicable plans, specifications, regulations and ordinances; legal, administrative and fiscal work
undertaken to assure and implement such compliance.
mClTON Y. MISCELLAiVEOUL!URJiCMENTS
The Developer shall:
A.
B.
C.
D.
E.
-: Provide: any easements on Developer's land deemed necessary by the
City Engineers prio;: to the issuance of building permits, provided such esements
are along lot lines or to the rear of the lots and ace not any more restrictive to the
building of commmial facilities beyond the applicable sideyard and offset
distances required by the zoning for such lots.
Street: Reimburse the City for the cost of all street signs, traffic signs and
posts, including the cost of their installation, At Developer's expense, "STOP"
signs shall be installed at all exits.
Manner of Perform=: Cause all construction called for by this Agreement to
be carried out and performed in a good and workmanlike manner.
S": Properly place and install any lot, block or other monuments
required by State Statute or City Ordinance.
peed RestricfiggS: Execute and record deed restrictions and provide proof of
recording prior IO sale of parcels by MSI Development Corporation in this
commercial development in the form attached hereto, made a part hereof and
marked Exhibit "H". The deed restrictions shall contain the following language:
SEP 23 '94 18:13AM MSI GENERAL P.8
DEVELOPER'S AGREEMENT
PAGE I
F.
G.
H.
I.
"Each parcel owner must strictly adhere to and finish grade his lot in accordance
with the Master Grading Plan on file in the office of the Developer and the office
of the City Building Inspector unless a change is approved by the City Engineer.
The Developer and/or the City and/or the agents, employees or independent
contractors shall have the right to enter upon any parcel, at any time, for the
pUrp09e of inspection, maintenance, correction of any drainage conditions and the
property owner is rtsponsible for the cost of the same."
w: Furnish tc the Building Inspector and the City a copy of Exhibit "C"
showing the street grade in front of each parcel, the finished yard grade, the
grade of all corners of the parcel, and grades of the buildings on adjoining
parcels, where applicable, as existing and as proposed.
Distance$: Restricts parcels so that no structure of any kind which exceeds
a height of 2 1/2 feet above the center of the intersection shall be permitted in the
vision setback are^ in conformance with Section 17:5.02(2) of the Zoning
Ordinance.
Liehts: Install street lights at all entrance/exir points to the Development
at Developer's expmse. 0
&.a&: Submit to the City valid copies of all agency permits including the 4
Wisconsin D.N.R. and U.S. Army Corps of Engineers before construction
commences and prior to any preconstruction meeting.
4
SE rn-
The Developer shall guarantee the watermains, surface water drainage improvements and
all other improvements described in Section I, Items A, B, C, and D, hereof, against defects due
tn faulty materials or work mans hi]^ provided that such defects appear within a period of one (1)
year from the date of dedication and acceptance. 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 the City might have for negligent workmanshlp or materials. Wisconsin law
on negligence shall govern such situations.
SEP 23 '94 iB:13RM MSI GENERRL P.9
DEVELOPER'S AGREEMENT
PAGE 8
ON VII. GENERAL m!EMh''ITY
h addition to, and not to the exclusion or prejudice of, any provisions of this Agreement
or documents incorporated herein by reference, Developer shall indemnify and save harmless,
and agrees to accept tender of defense and to defend and pay any and all reasonable legal,
accounting, consulting, engineering and other expenses relating to the defense of any claim
asserted or imposed upon the City, its officers, agents, and employees, and independent
Contractors growing out of this A4greernent as stated above by any party or parties. The
Developer shall also name as Additional Insured on its general liability insurance the City, its
officers, agents, and employees, and any independent contractors hired by the City to perform
service tu to this Development and give the City evidence of the same upon request by the City.
mC'ITON WIT. AGREEMEN" FOR BEhEFIT OF PURCHAm.
The Developer shall agree that in addition to the City's rights herein, the provisions of
this Agreement shall be for the benefit of the purchaser of any parcel or any interest in any
parcel of land in the Development. Further, that the sale of any parcel shall not release the
Developer from completing the work on the attached Exhibits.
&CTLON E. ACCEPTANCE QF WORX 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 the City
if said improvement shave been completed as required by this Agreement and as required by
applicable City ordinances and 0tl.m applicable law and approved by the City Engineer, City
Finance Committee and Common Council.
SECTION X. EROSION CONTROL PLAN AN?) PERMIT
The Developer shall submit to the City, an application for a Land Disturbing Permit and
an Erosion Control Plan in accordance with the requirements of Section 29.06 of the City's
Erosion Control Ordinance (Ord. ,#560). No construction or grading can begin until said permit
is received from the City.
SEP 23 '94 10:14FIM MSI GENERAL P. 10
DEVELOPER'S AGREEMENT
PAGE 9
SECTION XI. CONfZDWXEW PJ3"lTS. ETC.
1. The City shall, within its authority, issue such permits, adopt such resolutions, and
execute such documents as may be necessary to permit the Developer to construct the
improvements in accordance with t3e plans and specifications called for by this Agreement, upon
Developer's compliance with any deposit provisions or other rquirements of the applicable
ordinances or regulations; and the City shall cooperate with the Developer in obtaining similar
permits, resolutions and documtnts as may be necessary from other authorities having
jurisdiction in the premises.
2, The City shall, as a condition of the Developer executing this Agreement, make
available to the Developer or their nominee successors or assigns, building permits for the
construction of commercial/retail l~uildings subject to the provision Of Section XII.
SECTIQKXII.QD OCCIIgANCY PERMITS
It is expressly understood 2nd agreed that no Occupancy Permits for any buildings shall
be issued until the City's Engineers have determined that:
A. The sanitary sewer, water and surface water drainage facilities required
to serve thia Development are conneckd with an operational system a9
required herein, and
B. The Building Inspector verifies that the installation of the parking and
drive areas have been installed (See Section 1.A.I).
C. Cleaning of storm sewer system completed (See Section I.B.4).
D. All lot grades shall conform to the Master Grading Plan (See Section
i
I.B.3).
CONDITIONS AND REGULATIONS
All the provisions of the City's ordinances are incorporated herein by reference, and all
such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set
forth at length herein. This Agreement and all work and improvements reqoired hereunder shall
be performed and carried out in strict accordance with and subject to the provisions of said
ordinances. Any fine arising from violations to any Clty Codes and Ordinances relating to this
Development or remedial work required by the City may be deducted from the Letter of Credit.
SEP 23 ’94 lB:14AM MSI GENERRL P. 11
0
0
DEVELOPER’S AGREEMENT
PAGE 10
FITVAANC1A.L VWNTEE
Prior to the execution of this Agreement 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 $ , as a guarantee that the required phs, improvements, and
approvals will be completed by thl: Developer and his subcontractors no later than one (1) year
from signing of the Agreement, except if another date is provided within this Agreement and as
a further guarantee that all obligalions to the subconkactors for work on the Development are
Satisfied.
SECTION XV, PARTIES Bourn
Developer or his assignees shall be bomd by the terms of this Agreement or any put
herein as it applies to any phase of the Development.
The City and the Developer, by mutual consent to the extent of their authority to do so,
hereby declare that this Agreemen!: and attached Exhibits supersede and replace any and sll prior
references to the proposed improvements on, under, or over the lands and/or parcels covered
by this Agreement, including references contained in the Subdivider’s Agreement entered into
by and between Lake Forest Residential Development Limited Partnership, and the City Of
Muskego, dated October 23, 1991 and recorded October 25, 1991 on Reel 1365, Image 338, as
Document No. 1681015, and th,: Developer’s Agreement Affecting Land executed by the
Common Council of the City of Muskego dated January 3, 1991 and recorded January 23, 1991,
on Reel 1271, Image 351, as DocJment No. 1631129. This paragraph shall be recorded in the
Notice of Developer’s Agreement to be filed at Waukesha County Register of Deeds.
ION XVI. ASSIGmT
Developer shall not assign this Agreement without the written consent of the City.
SEP 23 '94 I8:ISRM MSI GENERRL
DEVELOPER'S AGREEMENT
PAGE 11
SECTI0"ENTs
The City and the Develope:, by mutual cqnsent, may amend this Agreement, by written
agreement between the City ad the Developer.
IN WITNESS HEREOF, Ileveloper and City have caused this Agreement to be signed
by their appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
Developer.
By:
By:
By:
STAXE OF WECONSW 1 fis
WAUKESHA 1
P -this day of 1 1994, to me known to be the persons who
executed the foregoing instrumenl: and achowledge the same.
Notary Public-State of Wisconsin
My Commission Expires
SEP 23 '94 18:lSAM MSI GENEROL
DEVELOPER'S AGREEMENT
PAGE 12
P. 13
City OF MUSKEGO:
By:
David L. DeAngelis, Mayor
By:
Jean Marenda, City Clerk
STATE OF WISCONSIN ) ss
WAUKESHA 1
PERSONALLY came before me this - day of I 1994,
the above named David L. DeAngelis, Mayor, and Jean Marenda, City Clerk, of the above
named municipal corporation City of Muskego, to me known to be the persons executed the
foregoing instrument, and to me known to be such Mayor md City Clerk of said municipal
corporation, and acknowledged that they executed the foregoing instrument as such officers a3
the deed of said municipal corporation by its authority and pursuant to the authorization by the
Common Council from their rnecing on the - day of , 1994.
Notary Public-State of Wisconsin
My Commission Expires
SEP 23 '94 18:lSRM MSI GENERAL
DEVELOPER'S AOREEMENT
PAGE 13
P. 14
CERTIFlCATION
This is to certify that the foregoing: is a true and correct copy of the Developer's Agreement for
MSI Development Corporation's commercial development of the northwest comer of Janesville
Road and Racine Avenue in the City of Muskego, Wisconsin, as entered into on the day
Muskego, pursuant to the authorization by the Common Council from their meeting on the
of , 1994, by 2nd between MSI Development Corporation, and the City of
day of 9 1994.
Jean K. Marenda, City Clerk
City of Muskego, Wisconsin