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CCR2002027COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #27-2002 (1). APPROVAL OF EXTENSION OF TIME TO COMPLETE PUBLIC IMPROVEMENTS DREAMLAND DEVELOPMENT WHEREAS, The Developer's Agreement for the Dreamland Planned Development District requires that various improvements described in Section I1 of the Agreement be completed within one year of execution of the Agreement; and WHEREAS, That one-year period will expire on February 5,2002; and WHEREAS, The developer has requested a 30-day extension of the February 5,2002 date to complete the improvements, NOW, THEREFORE, BE IT RESOLVED That the Common Council does hereby grant a 30-day extension of time to complete the improvements described in Section II of the Developer's Agreement for Dreamland Planned Development, with the new effective date for completion to be March 7, 2002. DATED THIS 22nd DAY OF Januaw ,2002 SPONSORED BY: Mayor David L. De Angelis This is to certify that this is a true and accurate copy of Resolution #27-2002 which was adopted by the Common Council of the City of Muskego. 112002jmb FRIEBERT, FINERTY & ST JOHN, S.C. ATTORNEYS AT LAW TWO PLAZA EAST - SUITE 1250 330 EAST KlLBOURN AVENUE MILWAUKEE, WISCONSIN 53202 January 11, 2002 Mayor David L. DeAngelis City of Muskego P.O. Box 749 Muskego, W1 53 150-0749 RE: Extension of time for completion of construction under February 5, 2001 Developer’s Agreement for Dreamland Planned Development District Dear Mayor DeAngelis: This letter is written on behalf of Jewel Food Stores, Inc. (“Jewel”). in relation to the February 5,2001 Developer’s Agreement between the City of Muskego and Jewel relating to the Dreamland Planned Development District at the Northeast corner of the intersection of South Moorland Road and West Janesville Road. As you know, Section 111 of the Developer’s Agreement requires that the various improvements described in Section I1 of the Agreement be completed within one year of execution of the Agreement. The one-year period also is mentioned in Section XII. 1 The year will expire on February 5, 2002. Jewel shortly will be executing Amendment No. 1 to the Developer’s Agreement, which will make the Kohl’s Department Store the first phase of development and, in addition, will provide for a new one year period, commencing upon execution of the Amendment, for completion of the required site work and improvements. However, Jewel will not be in a position to execute the Amendment to the Developer’s Agreement until the transaction between Jewel and Kohl’s Department Stores, Inc. (“Kohl’s”) has been closed. That transaction is relatively complex, involving not merely the sale of land but also provision for future governance of the shopping center and the long term relationship that will exist between Kohl’s and Jewel as the owners of the major stores making up the center The parties have been working diligently to finalize the various necessary agreements, and they 0 are hopeful that these documents, as well as the Developer’s Agreement Amendment, new Mayor David L. DeAngelis I January 11, 2002 Page -2- certified survey map and other items necessary to close with the City of Muskego, will be executed by February 5, 2002. However, it is possible that, despite the parties’ best efforts, they may not be able to meet this deadline. Accordingly, we are respectfully requesting that the City grant a 30-day extension of the February 5, 2002 date specified in the existing Developer’s Agreement. The new effective date thus would be March 7, 2002. It should be emphasized that there are no subs!antive differences between the parties that would be cause for concern with respect to whether the transaction will be successfully concluded. The remaining matters all are of a technical or logistical nature. Also, please be assured that the parties are making and will continue to make every effort to close the transaction between Jewel and Kohl’s and the transaction with the City as soon as possible. The parties will try to bring this about before February 5,2002, and in my event, will use as little of the requested extension as possible. Your kind attention to this request is appreciated, as is the supportive and professional manner in which all levels of City government have dealt with this project from the beginning. If questions arise or further information is desired, please do not hesitate to call the undersigned at your convenience. Very truly yours, FRIEBERT, William B. Guis WBG:dcj/las