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CCR1999055AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #55-99 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Avian Estates WHEREAS, A Final Plat was submitted on November 24, 1998 for the Avian Estates Subdivision in the SW X of Section 3 to create eight (8) lots; and WHEREAS, The Preliminary Plat was approved in Resolution #77-98; and WHEREAS, The Plan Commission has recommended approval; and WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for the Avian Estates Subdivision and 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 Plan Commission, does hereby approve the Final Plat for the Avian Estates Subdivision, subject to approval of the City Engineer and all objecting and approving agencies, and receipt of all fees as provided in Section 14.14 of the Land Division Ordinance and any special assessments which may be due. BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for the Avian Estates Subdivision, as attached, are hereby approved subject to approval of the City Attorney and City Engineer, 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 a DXF file of this final plat be submitted to the City prior to City signatures being placed on the plat (3-1/2" diskette), and that a sign stating "Future Road Extension" (Hedgewood Drive) be installed. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City. DATED THIS 13th DAY OF APRIL , 1999, SPONSORED BY: FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #55-99 which was adopted by the Common Council of the City of Muskego. 4/99 jm COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #55-99 APPROVAL OF FINAL PLAT, SUBDIVIDER’S AGREEMENT AND LETTER OF CREDIT Avian Estates WHEREAS, A Final Plat was submitted on November 24, 1998 for Subdivision in the SW YI of Section 3 to create eight (8) lots; and WHEREAS, The Plan Commission has recommended a WHEREAS, The Subdivider’s Agreement and Lett redit have been received for the Avian Estates Subdivision and the Finance Co e has recommended approval. all objecting and approving agencies, a 14.14 of the Land Division Ordinance sign stating “Road to be ded” be installed. BE IT FURTHER ED that the Mayor and Clerk-Treasurer are hereby authorized to sign ssary documents in the name of the City. SPONSORED BY: / FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #55-99 which was adopted by the Common Council of the City of Muskego. 4199 jm Clerk-Treasurer @ State Financial Bank Page 2. Ar. inlcgral pan of Standby Credit NO. 9901. mclAL CONDITIONS: This Standby Credit will tet-minate on . provided, however. the “Stale Financial Bank” shall give written notice to the beneficiary of its intention lo krnlinate lllis Standby Crcdil at 90 days prior to Aicr tllc datc. this Lctter of Crrdit rwl only lcrillicatc ltpntl 90 r!?y 1vrittu: n?ti;c oF:!lc: Sc!:eS;ia:y It is hereby agreed by all parties hereto thal the reference to ”Agreement” is for identification purposes only and such rererelice shail not be construed in any manner to require “State Financial Bank“. to inquire inte its term and obiisations We engagc with you that drrtls dawn under and in compliance with thc terms ofihis credit WI!~ be duly hocored if presented on or before the expiralion datc. This original Standby Crcdit lwst be submit1cil tu us togzliiel with any drawings hcrcuntkr (or Gur cndorsclnenl ofany 1)ayllwnts eli’cctcd by 11s and/or for call4latiotls. Vcry Truly Yours e Proposal Clarification Re: Avian Estates I Lots will be graded and improved in conformance with subdivider’s agreement, sec. 1(B)3. DON DEBACK GRADING. MC Craig A. Petrasek, Estimator I 0 Avian Estates Sub Agr 03/11/99 Page I SUBDIVIDER’S AGREEMENT This Agreement, made this ~ day of by and between Jack Schwabenlender the “Subdivider” and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the “City” WITNESSETH WHEREAS, the Subdivider has submitted for approval by the City a proposed Final Plat for Avian Estates, a boundary description 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 the Office of the City Clerk, for which a Final Plat was approved by the City on WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Developer make and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipality; and WHEREAS, the City’s Engineers, the City’s Public Works Committee, Public Utility Committee and Finance Committee have duly approved, contingent of certain other approvals, Subdivider’s plans and specifications for subdivision improvements, and the City’s Plan Commission and Common Council have duly approved the final plat of Avian Estates contingent upon the execution and performance of this agreement by the Subdivider. NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: SECTION 1. IMPROVEMENTS Subdivider, entirely at its expense, shall: A. ROADS AND STREETS: 1 Grade and improve all roads and streets in Avian Estates in accordance with the plat of said Subdivision and the plans and specifications attached hereto, made a part hereof and marked Exhibit “B’, all in accordance with the City’s street specifications. 2. Paving of Hedvewood Drive as shown on Exhibit “A” shall be completed according to City Standards. .’ Avian Estates Sub Agr 03/11/99 / Page 2 e B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN: 1. Subdivider shall 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 Subdivision, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer system, 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 Subdivider to install additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. The CITY shall furnish to the Subdivider such permits or easements as may be required in any public street or property to enter upon and install the above described surface water drainage system therein. 3. Grade and improve all lots in conformance with the following statements: a) The drainage swale in the rear of Lots 4 and 5 of Block 1 should be graded b) The ditch on the east side of Lot 5, Block 1 should be graded per the to contour elevation 81 1 .O. Grading Plan as necessary to drain off the cul-de-sac water. 4. At Subdivider’s expense, and prior to acceptance of improvements and the issuance of building permits by the City (not including model homes which are governed by separate agreement), all storm sewers shall be cleaned. C. SANITARY SEWER. 1, Subdivider shall construct, install, furnish, and provide a complete sanitary sewage collection system throughout the entire Subdivision, as approved by the City Engineer and the Public Utilities Committee all in accordance with the plans, specifications and drawings attached hereto as Exhibit “E” The cost of the preparation of asbuilt plans shall be paid by the Subdivider. 2. The CITY shall furnish the Subdivider 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. 3. Subdivider shall complete, to the satisfaction of the City Engineer, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any residence to the sanitary sewer systems. s Avian Estates Sub Agr 03/11/99 Page 3 4. The Subdivider shall televise the sanitary sewer system, repair any defects as determined by the City Engineer, and supply video tape to City of Muskego, and clean all sewer lines prior to the issuance of building permits, except for model homes, and acceptance of improvements by the City (See Section Xn.D.) D. LANDSCAPING: 1. Subdivider shall preserve existing trees outside of the public right-of-way whenever practical, when installing the Subdivision improvements. 2. Subdivider shall remove and lawfully dispose of: (a) all old barns, outbuildings; (b) destroyed trees, brush, tree trunks, shrubs and other natural growth; (c) and all rubbish. 3. Subdivider shall plant street trees in accordance with Section 18.60 of the Muskego Land Division Ordinance and Resolution #P.C. 101-93. E. EROSION CONTROL MEASURES: 1. L. 3. 4. 5. Subdivider shall construct, install, furnish and provide a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, as approved by the City Engineer and the Building Inspection Department attached hereto as Exhibit “F and in accordance with the plans and specifications with Chapter 29 of the City’s Municipal Code. Install silt fencing in conformance with the approved plans prior to the grading and construction work. Such fences shall be maintained by the Subdivider until such time as turf cover is established in the Subdivision. No grading shall occur without a two (2) day notice to the City. Mulching and seeding of all disturbed areas to comply with Chapter 29 Subdivider is responsible for obtaining Erosion Control Permits for the site for controlling erosion on the site and each individual lot owner is responsible for obtaining a separate erosion control permit at the time any vegetation is disturbed and are responsible for controlling erosion on their lot. Fourteen Thousand Dollars (S14,OOO.OO) from the Letter of Credit (under Section XIV), shall be retained until adequate vegetation is established as determined by the Building Inspection Department. A reduction of fifty percent (50%) of the Fourteen Thousand Dollars (S14,OOO.OO) portion of the Letter of Credit is allowable upon verification of fifty percent (50%) of disturbed areas are vegetated. If, upon a written notification by the Building Inspection Department of non- - ,> Avian Estates Sub Agr 0311 1199 Page 4 compliance of Chapter 29, the terms are not corrected within five (5) days, the City may utilize the Seven Thousand Dollars ($7,000.00) portion of the Letter of Credit to correct the terms of non-conformance. From time to time, additional funds may be required in the Developer’s Deposit to cover the cost of maintenance as deemed appropriate by the Department. SECTION IL TIME OF COMPLETION OF IMPROVEMENTS: The improvements set forth in Section I above shall be substantially completed by the Subdivider within one (1) year from signing of this Agreement or except if an earlier date is provided for in the Agreement. The final surface course pavement shall be deferred until ninety percent (90%) of the homes have been completed or 36 months after the installation of the first lift of asphalt, whichever comes first. If the final surface course of pavement is not completed within twelve (12) months of the date of this agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as the final surface course of pavement is completed. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface course pavement, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit. SECTION IIL DEDICATION: Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the CITY, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the roads and streets, sanitary sewers, watermains, storm and surface water drainage facilities as illustrated on Exhibit “A and as described in the deed restrictions, to the CITY, it successors and assigns, forever, free and clear of all encumbrances whatever together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes 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, except roads and surface water drainage facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities have been completed and approved by the City Engineers and other agencies as applicable. SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES: Subdivider 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 Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after 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 enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that Avian Estates Sub Agr 03/11/99 Page 5 construction is in compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION V. MISCELLANEOUS REOUIREMENTS: The Subdivider shall: A. B. C. D. E. F. G. Easements: Provide any easements on Subdivider’s land deeded necessary by the City Engineers prior to the FinalPlat being signed, provided such easements are along lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the applicable sideyard and offset distances required by the zoning for such lots. Street Signs: Reimburse the CITY for the cost of all street signs, traffic signs and posts, including the cost of their installation. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. Survev Monuments: Properly place and install any lot, block or other monuments required by State Statute or City Ordinance. Deed Restrictions: Execute and record deed restrictions and provide proof of recording prior to sale of lots by Joyce Schwabenlender in Avian Estates in the form attached hereto, made a part hereof and marked Exhibit “G’ The deed restrictions shall contain the following language: “Each lot owner must strictly adhere to and finish grade his lot in accordance with the Master Grading Plan on file in the ofice of the Subdivider and the office of the City Building Inspector unless a change is approved by the City Engineer. The Subdivider andor the City andor the agents, employees or independent contractors shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance, correction of any drainage conditions and the property owner is responsible for the cost of the same.” m: Furnish to the Building Inspector and the CITY a copy of Exhibit “C showing the street grade in front of each lot, the finished yard grade, the grade of all four (4) cornem of the lot and grades of the buildings on adjoining lots, where applicable, as existing and as proposed. Sight - Distances: Restricts lots on the face of the plat so that no structure of any kind which exceeds a height of 2 % feet above the center of the intersection shall be permitted in the vision setback area in conformance with Section 17:5.02(2) of the Zoning Ordinance. Avian Estates Sub Agr 03/11/99 Page 6 H. Sumo Pump Connections: The Subdivider shall fumish to the Plumbing Inspector of the CITY a copy of storm drains and clean out locations in the form attached hereto and made part hereof and marked Exhibit “IF‘ showing the locations of connections whereby sump pump drains can be connected from each dwelling to the storm sewer system. The ends of each line shall have a clean out in conformance with the City Standard Details. I. Permits: Submit to the CITY valid copies of all agency permits including the Wisconsin D.N.R. and U.S. Army Corps of Engineers before construction commences and prior to any preconstruction meeting. J. Sewer Extension Permits: (a) The City of Muskego has, pursuant to the provision of Chapter 21 of the City Code, granted the Subdivider Eieht (8) Residential Equivalent Connections (REC’s) as defined in Section 21.04 (22) of the City’s Sewer Utility Ordinance, for the development of all lands contemplated by the Subdivider in all phases of this development including future phases. Subdivider is using Eieht (81 of the above-noted REC’s in the phase of development which is the subject of this Subdivider’s Agreement and shall secure the installation of said sewer extensions as provided elsewhere in this agreement and as required by the City Code. There will then remain Zero (0) REC’s of capacity for future phases of the development. (b) The remaining Zero (0) REC’s of capacity shall automatically terminate and the allocation of said capacity shall cease to the extent that said sewer extension is not certified, by a representative appointed by the City to make said certification, to be completely constructed and approved within four (4) years of the execution of the present Subdivider’s Agreement. (c) The Subdivider may, within the four year period referred to above, request that the City enter into an additional Subdivider’s Agreement for the next phase of the development. Any remaining REC’s which have not been used within the four years as noted above may be extended pursuant to the terms of said Subdivider’s Agreement provided, however, that the installation of sewer extensions must be secured as provided in the agreement or when not prohibited by other ordinances or resolutions of the City, upon other security deemed appropriate by the City and under terms and conditions satisfactory to the City and in accord with the City’s ordinances, resolutions and policies herein shall expire within four years of the date of execution of that subsequent Subdivider’s Agreement. (d) The Subdivider may request additional Subdivider’s Agreement(s) be entered into for subsequent phases. Any such agreement shall be subject to the same terms and conditions as stated in subsections (a), (b) and (c) above. e 0 Avian Estates Sub Agr 03/11/99 Page 7 (e) Notwithstanding any of the above provisions, all unused sewer capacity granted to the Subdivider as referenced in this agreement shall automatically terminate and the allocation of said capacity shall cease on the 21" day of December, 2002. K. Declaration of Restrictions: Provide a copy of signed document if a Planned Unit Development. SECTION VI. GUARANTEES: The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains, surface water drainage improvements and all other improvements described in Section I, Items A, B, C, D, & E hereof, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (I) year from the date of dedication and acceptance. The Subdivider 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 workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION VII. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by reference, Subdivider 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 agreement as stated above by any party or parties. The Subdivider 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 as to this Subdivision and give the CITY evidence of the same upon request by the CITY SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS: The Subdivider 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 lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work on the attached Exhibits. SECTION M. ACCEPTANCE OF WORK AND DEDICATION: As and when the Subdivider 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 improvements have been completed as required by this Agreement and as required by applicable CITY ordinances and other applicable law and approved by the City Engineer, City Finance Committee and Common Council. Avian Estates Sub Agr 03/11/99 Page 0 0 SECTION X. EROSION CONTROL PLAN AND PERMIT. The Subdivider 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 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 the Subdivider to construct the improvements in accordance with the plans and specifications called for by this agreement, upon Subdivider’s compliance with any deposit provisions or other requirements of the applicable ordinances or regulations; and the CITY shall cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 2. The CITY shall, as a condition of the Subdivider executing this Agreement, make available to the Subdivider or their nominee successors or assigns, building permits for the construction of single family residences subject to the provision of Section XII. SECTION XIL BUILDING AND OCCUPANCY PERMITS: The Subdivider shall be allowed to construct no more than two (2) model homes by separate agreement with the City It is expressly understood and agreed that no Occupancy Permits shall be issued either for the said model homes and no building permits or occupancy permits shall be issued for any other homes until the City’s Engineers have determined that: A. The sanitary sewer, water and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and B. The Building Inspector verifies that the installation of the bituminous concrete base course pavement has been installed. C. No Building Permits shall be issued prior to all signatures being obtained on the Deed Restrictions, (Exhibit “G), D. Video tape of sanitary sewer system completed (See Section I.C.4). E. All lot grades shall conform to the Master Grading Plan (See Section I.B.3) F, Negative balance in Developer’s Deposit is satisfied unless otherwise authorized by the Planning Director, Avian Estates Sub Agr 03/11/99 Page 9 G. Sign to be erected by Developer indicating “Future Road Extension” of Hedgewood Drive. I SECTION XUI. GENERAL CONDITIONS AND REGULATIONS: All the provisions of the CITY’S ordinances are incorporated herein by reference, and ail such provisions shall bind the parties hereto and be a part of the Agreement as fully as if set forth at length herein. The 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 GUARANTEES: I A. LETTER OF CREDIT: Prior to the execution of this agreement by the CITY, the Subdivider shall file with the CITY a Letter of Credit setting forth terms and conditions approved by the CITY Attorney in the amount of $139.520.00 as a guarantee that the required plans, improvements, and approvals will be completed by the Subdivider 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 ftuther guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied. I@ (See Section XIV.D. regarding Developer’s Deposit). B. INVOICES: Invoices documenting public improvements addressed and not addressed in the Letter of Credit, but attributable to the subject development shall be provided to the CITY at the time of the signing of this Subdivider’s Agreement. I C. RELEASE OF FUNDS FROM LETTER OF CREDIT: The Subdivider shall provide CITY with a written request to the Finance Committee accompanied by: Request for Amendment to Letter of Credit form, invoices for work completed for which a release is being requested, breakdown of invoices in format of Public Improvement Cost Breakdown form, lien waivers for all work which is subject of release request (See Section XIV.D.). D. DEVELOPER’S DEPOSIT- The Subdivider shall maintain a positive balance in the developer’s Deposit. No release from the Letter of Credit shall be entertained until the Developer’s Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee (See Section XIV.C.). - Avian Estates Sub Agr 03/11/99 Page 10 0 - SECTION XV. PARTIES BOUND: 1. Subdivider or his assignees shall be bound by the terms of this agreement or any part herein as it applies to iy phase of the development. - -. 2. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, water facilities, drainage facilities, ditches, landscaping and all other improvements shall be the Subdividers. The fact that the City or it’s engineers, or it’s attorney, or it’s staff may approve a specific project shall not constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XVI. ASSIGNMENT Subdivider shall not assign the Agreement without the written consent of the CITY SECTION XVII. AMENDMENTS: The CITY and the Subdivider, by mutual consent, may amend this agreement, by written agreement between the CITY and the Subdivider Avian Estates Sub Agr 03/11/99 Page I I SECTION XVLII. PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Subdivider 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. A. SUBDIVIDER: By: STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of 1999, to me know to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires _. Avian Estates Sub Agr 03/11/99 Page 12 B. CITY OF MUSKEGO: BY. David L. De Angelis, Mayor BY. STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) Jean Marenda, City Clerk/Treasurer PERSONALLY came before me this day of 199 , the above named David L. De Angelis, Mayor and Jean Marenda, City Clerk/Treasurer, of the above-named municipal corporation CITY of Muskego, to me known to be the persons executed the foregoing instrumenf and to me known to be such Mayor and City Clerk/Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such 0 officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the day of , 199 Notary Public-State of Wisconsin My Commission Expires Avian Estates Sub Agr 03/11/99 Page 13 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider’s Agreement for Avian Estates Subdivision, Muskego, Wisconsin, as entered into on the day of , 199 , by and between and the CITY OF MUSKEGO, pursuant to the authorization by the Common Council from their meeting on the day of , 199 BY THE COMMON COUNCIL Jean K. Marenda, CMC City ClerWTreasurer SUBSCRIBED AND SWORN TO BEFORE ME! This day of , 199 (Notary Public) My commission expires