CCR2002238AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #238-2002
APPROVAL OF AMENDMENT NO. 1 TO SUBDIVIDER'S AGREEMENT
Quietwood Creek Subdivision
WHEREAS, The Common Council approved a Subdivider's Agreement for the
Quietwood Creek Subdivision on July 25, 2000 through Resolution #I 57-2000, as
amended: and
WHEREAS, Amendment No. 1 to the Subdivider's Agreement has been received for
Quietwood Creek to permit installation of the recreational trail no later than July 1,
2003; and
WHEREAS, The Finance Committee has reviewed Amendment No. 1 to the
Subdivider's Agreement and has recommended approval, and
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
Amendment No. 1 to the Subdivider's Agreement, as amended, subject to approval of
the City Attorney and City Engineer
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 & DAY OF DECEMBER ,2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy C. Salentine
Deferred: 11/12/02, 11/26/02
This is to certify that this is a true and accurate copy of Resolution #238-2002 which was
adopted by the Common Council of the City of Muskego.
AMENDMENT NO. 1 TO
a QUIETWOOD CREEK LLC - CITY OF MUSKEG0
SUBDIVIDERS AGREEMENT
This Agreement, made this __ day of , 2002 by and between Quietwood Creek LLC (the
"Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, On August 7, 2000 Subdivider and City entered into a Subdividers Agreement relating to
the construction of the Quietwood Creek Planned Development District (the "Development"), described
as Parcels 1- 142 of the Quietwood Creek Subdivision, being a part of the SE % of Section 3, NE % of
Section 10 and SE % of Section 10, T5N R20E, City of Muskego. Waukesha County, Wisconsin, and
WHEREAS, the Subdivider is required to make and install certain public improvements ("Improvements")
reasonably necessary for the Development according to municipal specifications without cost to City;
and Subdivider and City desire to amend the Subdividers Agreement executed August 7, 2000.
WHEREAS, On November 18, 2002 the Public Works Committee approved new specifications to permit
the construction of a six (6) foot wide concrete recreation trail within Quietwood Creek, and
WHEREAS, the Subdivider and City desire to amend the Subdividers Agreement to address the revised
plans and improvements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
SECTION 111 : IMPROVEMENTS
Section 111 G.1. of the Subdividers Agreement executed August 7, 2000 is amended by deleting
the existing paragraph and replacing it as follows:
1 Construct, install, furnish, and provide without cost to City, a complete combination pedestrian -
recreation path system throughout the Subdivision, and including off site improvements necessary to
provide such system, as approved by the Director of Building and Engineering and the Public Works
Committee, and in accordance with the specifications approved by the Public Works Committee on
November 18,2002.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
Section IV of the Subdividers Agreement executed August 7, 2000 is amended by deleting the
second full paragraph and replacing it as follows:
With respect to the Improvements set forth in Section 111 G. 1 above, such Improvements shall be
completed by the Subdivider by July 1, 2003. If the Improvements are not completed by July 1, 2003,
the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as
Improvements are completed. If the City receives notice of the intention to terminate the Letter of Credit 0 prior to completion of the Improvements, such notice shall be considered a failure to complete
the Letter of Credit.
Improvements in accordance with this agreement and shall entitle the City to immediately draw against
AMENDMENT NO. 1
Planned Unit Development
Subdwders Agreement for "Quietwood Creek"
a RELATION TO AUGUST 7.2000 SUBDIVIDERS AGREEMENT
Except as modified by this Amendment No. 1, all provisions of the Subdividers Agreement
executed August 7, 2000 remain in full force and effect.
PARTIES TO AMENDMENT NO. 1
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers
and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
A. Quietwood Creek LLC
By:
P Kenneth Servi. Member
By:
William W. Carity, Member
STATE OF WISCONSIN ) SS 0 WAUKESHACOUNTY j
PERSONALLY came before me this - day of ,2002 P Kenneth Servi to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , 2002 William W. Carity to me known to be
the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
AMENDMENT NO. 1
Subdividers Agreement for 'Quietwood Creek"
Planned Unit Development
@ B. City Of Muskego:
BY:
"ark A. Slocomb, Mayor
BY.
Jean K. Marenda, City ClerkTTreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , 2002, the above named Mark A. Slocomb,
Mayor, and Jean Marenda, City ClerkTTreasurer, 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 and City ClerkTTreasurer of said municipal corporation, and acknowledged that they
executed the foregoing instrument as such 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 ,2002.
0 Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Amendment No. 1 to the Subdivider's
Agreement for Quietwood Creek, Muskego, Wisconsin, as entered into on the day of
, 2002 by and between Quietwood Creek LLC and the City of Muskego. pursuant to the
authorization by the Common Council from their meeting on the day of
2002.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerkTTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of __ ,2002.
(Notary Public)
My commission expires
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #238-2002
APPROVAL OF AMENDMENT NO. 1 TO SUBDIVIDER'S AGREEMENT
Quietwood Creek Subdivision
/
WHEREAS, The Common Council approved a Subdivider's Agreement for the
Quietwood Creek Subdivision on July 25, 2000 through,Resolution #157-2000, as
amended; and .' , \ I
,I'
WHEREAS, Amendment No. 1 been received for
Quietwood Creek to permit installation of the no later than July 1,
2003; and
WHEREAS, The Finance Committee has No. 1 to the
Subdivider's Agreement and has
NOW, THEREFORE, BE IT of the City of
Muskego, upon the
Amendment No. 1
Attorney and City Engineer
BE IT FURTHER
authorized to sign
DATED THIS __ DAY OF ,2002. I \,
SPONSORED BY:
FINANCE COMMllTEE
Ald. Rick Petfalski
Ald. Nancy C. Salentine
Deferred: 11/12/02. 11/26/02
This is to certify that this is a true and accurate copy of Resolution #238-2002 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
11/02jrnb
AMENDMENT NO. 1 TO
QUIETWOOD CREEK LLC - CITY OF MUSKEG0
SUBDIVIDERS AGREEMENT
This Agreement, made this __ day of ,2002 by and between Quietwood Creek LLC (the
"Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, On August 7, 2000 Subdivider and City entered into a Subdividers Agreement relating to
the construction of the Quietwood Creek Planned Development District (the "Development"), described
as Parcels 1- 142 of the Quietwood Creek Subdivision, being a part of the SE X of Section 3, NE X of
Section 10 and SE % of Section 10, T5N R20E, City of Muskego, Waukesha County, Wisconsin, and
WHEREAS, the Subdivider is required to make and install certain public improvements ("Improvements")
reasonably necessary for the Development according to municipal specifications without cost to City;
and Subdivider and City desire to amend the Subdividers Agreement executed August 7, 2000.
WHEREAS, On November 18, 2002 the Public Works Committee approved new specifications to permit
the construction of a six (6) foot wide concrete recreation trail within Quietwood Creek, and
WHEREAS, the Subdivider and City desire to amend the Subdividers Agreement to address the revised
plans and improvements. 0 NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
SECTION 111 : IMPROVEMENTS
Section 111 G.1. of the Subdividers Agreement executed August 7,2000 is amended by deleting
the existing paragraph and replacing it as follows:
1 Construct, install, furnish, and provide without cost to City, a complete combination pedestrian -
recreation path system throughout the Subdivision, and including off site improvements necessary to
provide such system, as approved by the Director of Building and Engineering and the Public Works
Committee, and in accordance with the specifications approved by the Public Works Committee on
November 18, 2002.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
Section IV of the Subdividers Agreement executed August 7, 2000 is amended by deleting the
second full paragraph and replacing it as follows:
With respect to the Improvements set forth in Section 111 G. 1 above, such Improvements shall be
completed by the Subdivider by July 1, 2003. If the Improvements are not completed by July 1, 2003,
the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as
Improvements 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 complete
the Letter of Credit.
Improvements in accordance with this agreement and shall entitle the City to immediately draw against
AMENDMENT NO. 1
Subdlviders Agreement for '"Quiehvood Creek
Planned Unit Development
Page 2
0 RELATION TO AUGUST 7.2000 SUBDIVIDERS AGREEMENT
Except as modified by this Amendment No. 1, all provisions of the Subdividers Agreement
executed August 7, 2000 remain in full force and effect.
PARTIES TO AMENDMENT NO. 1
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate OffiCerS
and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
A. Quietwood Creek LLC
By:
P Kenneth Servi, Member
By:
William W. Carity. Member
0 STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this __ day of ,2002 P Kenneth Servi to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this __ day of , 2002 William W. Carity to me known to be
the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
AMENDMENT NO. 1
Subdividers Agreement for "Quiehuood Creek'
Planned Unil Development
0 B. City Of Muskego:
BY: - Mark A. Slocomb, Mayor
BY.
Jean K. Marenda, City ClerklTreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY ) I
PERSONALLY came before me this - day of , 2002, the above named Mark A. Slocomb.
Mayor, and Jean Marenda, City ClerklTreasurer, 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 and City ClerWreasurer of said municipal corporation, and acknowledged that they
executed the foregoing instrument as such 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 ,2002.
0 Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Amendment No. 1 to the Subdivider's
Agreement for Quietwood Creek, Muskego, Wisconsin, as entered into on the day of
, 2002 by and between Quietwood Creek LLC and the City of Muskego, pursuant to the
authorization by the Common Council from their meeting on the day of
2002.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerkiTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of - ,2002,
e (Notary Public)
My commission expires