CCR20021560
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #156-2002
APPROVAL OF CANDLEWOOD CREEK SUBDIVISION
Model Home Agreements
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached Model
Home Agreements for Candlewood Creek Subdivision Lots #46 and #47
BE IT FURTHER RESOLVED That building permits will not be released until the Plan
Department receives evidence that the final plat for Candlewood Creek has been
recorded.
DATED THIS 23rd DAY OF July ,2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #156-2002 which
was adopted by the Common Council of the City of Muskego.
0 7/02 jmb
CANDLEWOOD CREEK SUBDIVISION
MODEL HOME AGREEMENT - LOT #46
Candlewood Creek LLC. hereinafler referred to as "Subdividet'. herebv certifies that
Subdivider is platting and constructing Candlewood Creek Subdivision -in the City of
Muskego.
Homes by Towne of Wisconsin LLC, hereinafter referred to as "Builder", hereby certifies
that they understand that Section Xlll of the Subdivider's Agreement for Candlewood
Creek provides that:
"It is expressly understood and agreed that no building permits or occupancy
permits shall be issued for any homes until the Director of Engineering and Building
has determined that:
1 The sanitary sewer, water and surface water drainage facilities required to
serve such homes are connected with an operational system as required
herein, and installation of the bituminous concrete base course pavement has
been properly installed, and
2. Video tape of sanitary sewer system has been furnished to the Director of
Engineering and Building, and
3. Certification is provided to the Director of Engineering and Building by a
Registered Land Surveyor that all lot grades conform to the Master Grading
Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise
authorized by the Planning Director. I'
Subdivider and Builder jointly and severally acknowledge notice of the above referenced
conditions and any other applicable conditions, laws, rules, or regulations and agrees to
assume all risks of satisfaction of those conditions created as a result of the City's
issuance of a building permit, and Subdivider and Builder proceeding with construction of
model homes prior to satisfaction of said conditions and any other applicable conditions,
laws, rules, or regulations.
Subdivider and Builder jointly and severally specifically agree to indemnify and hold the
City of Muskego harmless for any costs or damages incurred if an occupancy permit is
not issued due to a failure to satisfy the conditions referenced above, and any other
applicable conditions, laws, rules, or regulations.
Subdivider and Builder jointly and severally specifically acknowledge that no occupancy
permits for any of the model homes, or any other dwelling in Candlewood Creek, shall be
issued prior to satisfaction of the conditions stated above and any other armlicable
conditions, laws, rules, or regulations. ..
Candlewood Creek Subdivision
Model Home Agreement Lot #46
Page 2
The undersigned understand the above and request that the City of Muskego issue a
permit to build a model home on Lot 46 of Candlewood Creek Subdivision.
SUBDIVIDER: CANDLEWOOD CREEK LLC
By:
Towne Realty, Inc., Member
William A. Wigchers, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this -day of -, 2002 William A. Wigchers, Vice
President of Towne Realty Inc. and Member of Candlewood Creek LLC, to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
BUILDER : ,HOMES BY TOWNE OF WISCONSIN LLC
By:
Towne Realty, Inc., Sole Member
William A. Wigchers, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this -day of -, 2002 William A. Wigchers, to me
known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public-State of Wisconsin
My Commission Expires
CANDLEWOOD CREEK SUBDIVISION
MODEL HOME AGREEMENT - LOT #47
Candlewood Creek LLC, hereinafter referred to as ”Subdivider“, hereby certifies that
Subdivider is platting and constructing Candlewood Creek Subdivision in the City of
Muskego.
Homes by Towne of Wisconsin LLC, hereinafter referred to as “Builder”, hereby certifies
that they understand that Section Xlll of the Subdivideh Agreement for Candlewood
Creek provides that:
“It is expressly understood and agreed that no building permits or occupancy
permits shall be issued for any homes until the Director of Engineering and Building
has determined that:
1, The sanitary sewer, water and surface water drainage facilities required to
serve such homes are connected with an operational system as required
herein, and installation of the bituminous concrete base course pavement has
been properly installed, and
2. Video tape of sanitary sewer system has been furnished to the Director of
Engineering and Building, and
e 3. Cettification is provided to the Director of Engineering and Building by a
Registered Land Surveyor that all /of grades conform to the Master Grading
Plan, and
4. Negative balance in Developer’s Deposit is satisfied unless otherwise
authorized by the Planning Director. ”
Subdivider and Builder jointly and severally acknowledge notice of the above referenced
conditions and any other applicable conditions, laws, rules, or regulations and agrees to
assume all risks of satisfaction of those conditions created as a result of the City’s
issuance of a building permit, and Subdivider and Builder proceeding with construction of
model homes prior to satisfaction of said conditions and any other applicable conditions,
laws, rules, or regulations.
Subdivider and Builder jointly and severally specifically agree to indemnify and hold the
City of Muskego harmless for any costs or damages incurred if an occupancy permit is
not issued due to a failure to satisfy the conditions referenced above, and any other
applicable conditions, laws, rules, or regulations.
Subdivider and Builder jointly and severally specifically acknowledge that no occupancy
permits for any of the model homes, or any other dwelling in Candlewood Creek, shall be
issued prior to satisfaction of the conditions stated above and any other applicable
0 conditions, laws, rules, or regulations
Candlewood Creek Subdivision
Model Home Agreement Lot #47
Page 2
I) The undersigned understand the above and request that the City of Muskego issue a
permit to build a model home on Lot 47 of Candlewood Creek Subdivision.
SUBDIVIDER: CANDLEWOOD CREEK LLC
By:
Towne Realty, Inc., Member
William A. Wigchers, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this -day of -, 2002 William A. Wigchers, Vice
President of Towne Realty Inc. and Member of Candlewood Creek LLC. to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
BUILDER : ,HOMES BY TOWNE OF WISCONSIN LLC
By:
Towne Realty, Inc., Sole Member
William A. Wigchers, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this -day of -, 2002 William A. Wigchers, to me
known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public-State of Wisconsin
My Commission Expires