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CCR2003161"~ COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #161-2003 RESOLUTION AS TO SUBSTANTIAL CHANGE TO THE MRED PLANNED DEVELOPMENT DISTRICT, AUTHORIZE CONSTRUCTION OF A JETZFUEL GASOLINE SERVICE STATION AND CAR WASH IN THE REDEVELOPMENT DISTIRCT NO.1 PROJECT AREA, AND APPROVAL OF AN EARLY START AGREEMENT (O'Connor Petroleum Company) WHEREAS, a Petition was submitted by O'Connor Petroleum Company for Building, Site and Operation Plan approval for a gasoline service station and car wash to be located within the MRED Planned Development District located in the SE 1/4 of Section 2 (Janesville Road, Tax Key No. 2167.995.011); and WHEREAS, The Common Council of the City of Muskego held a public hearing on July 8, 2003 to consider a substantial change to the approved MRED Planned Development District; and WHEREAS, The Redevelopment Plan for the Redevelopment District NO.1 Project Area (the "Redevelopment Plan") was duly approved and adopted by the Community Development Authority (the "CDA") on the 12th day of February, 2003, and by the Common Council on the 25th day of February, 2003; and I'~ WHEREAS, The CDA duly certified the Redevelopment Plan to the Common Council on the 12th day of March, 2003; and WHEREAS, The Common Council approved a resolution prohibiting new construction in the Redevelopment District No.1 Project Area unless first approved by the Common .Council on the 25th day of March, 2003; and WHEREAS, O'Connor Petroleum Company intends to apply for a construction permit for the construction of a Jetzfuel Gasoline Service Station and Car Wash to be located on Lot 1 of CSM #9464 which is within the Redevelopment District No.1 Project Area. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Muskego does hereby approve the petition of O'Connor Petroleum, Inc. for a change to the approved MRED Commercial Planned Development District to allow construction of a gasoline service station and car wash. BE IT FURTHER RESOLVED That this approval is subject to the receipt of all fees as provided in the City of Muskego Municipal Code, and any special assessments which may be due. . BE IT FURTHER RESOLVED That the Common Council of the City of Muskego does hereby determine that the construction of a Jetzfuel Gasoline Service Station and Car Wash on Lot 1 of CSM #9464 is consistent with the Redevelopment Plan and does hereby authorize the issuance of a permit and construction of said facility. ;'~ I'~ -- Reso. #161-2003 BE IT FURTHER RESOLVED That the Common Council of the City of Muskego does hereby approve the attached MRED (Janesville/Moorland) Associates LP Early Start Construction Agreement - Lot 1 CSM #9464, subject to any technical changes necessary as approved by the Building Inspector/Engineering Director and Mayor. BE IT FURTHER RESOLVED That building and occupancy permits will not be issued until the Building Inspection/Engineering Director has determined that the conditions outlined in the Agreement have been satisfactorily met. DATED THIS 22nd DAY OF Julv ,2003. SPONSORED BY: Mayor Mark A. Slocomb Deferred: 7/8/03 This is to certify that this is a true and accurate copy of Resolution #161-2003 which was adopted by the Common Council of the City of Muskego. ~K ìY1~ rk- Treasurer 7/2003 jm ,-- /i e-so. /{;/ -<1$ ;~ MRED (JANESVILLE I MOORLAND) ASSOCIATES LP EARLY START CONSTRUCTION AGREEMENT - LOT 1. CSM #9464 MRED (Janesvilie/Mooriand) Associates LP, hereinafter referred to as "Developer", hereby certifies that Developer is constructing certain improvements in the City of Muskego to benefit real property legally described as: Lot 1 of CSM #9464, being a part of Lot Two (2) of Certified Survey Map No. 9332 located in the SW 14 of the SW 14 of Section 2, T5N R20E, City of Muskego, Waukesha County, Wisconsin, recorded in the Register of Deeds for Waukesha County on November 15, 2002 in Volume 86 of Certified Survey Maps at Pages 215-220, inclusive, as Document No. 2879712, and (hereinafter referred to as the "Property"). O'Connor Petroleum Company, Inc. (Wisconsin), hereinafter referred to as "Builder", is the owner of the Property and hereby certifies that they understand that Section XIII of the Developer's Agreement for completion of certain improvements benefiting the Property (hereinafter referred to as the "Improvements"), provides that: "It is expressly understood and agreed that no building permits or occupancy permits shall be issued for any commercial buildings until the Director of Engineering and Building has determined that: i" 1. The sanitary sewer, water main, and surface water drainage facilities required to serve the Property 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 cònform to the Master Grading Plan, and 4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning Director. 5. Recreation Trails have been designed and approved pursuant to the requirements of Section /1/ (G) of this Agreement. Developer and Builder jointly and severally acknowledge notice of the above referenced conditions and any other applicable conditions, laws, rules, or regulatigns and agree to assume all risks of satisfaction of those conditions created as a result of the City's issuance of a building permit to Builder, and DevelGAer and Builder proceeding with construction of the Improvements prior to satisfaction of said conditions and any other applicable conditions, laws, rules, or regulations. 1"- Developer 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. MKE/858062.1 Early Start Construction Agreement, Lot 2 CSM 9464 Page 2 Developer and Builder jointly and severally specifically acknowledge that no occupancy permits for any structure on the Property, shall be issued prior to satisfaction of the conditions stated above and any other applicable conditions, laws, rules, or regulations. tÞ The undersigned understand the above and request that the City of Muskego issue a permit to construct the Improvements prior to Developer's completion of the Improvements. DEVELOPER: MRED (JANESVILLE I MOORLAND) ASSOCIATES, A WISCONSIN LIMITED PARTNERSHIP By: MRED(Janesvilie/Moorland), Inc. Mark Redmond, President STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of , 2003, Mark Redmond, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, Waukesha County, Wisconsin II My commission expires BUILDER: O'CONNOR PETROLEUM, INC. By: Robert M. O'Connor, President By: Timothy J. Klein, VP STATE OF WISCONSIN) SS WAUKESHA COUNTY) . H PERSONALLY came before me this day of -' 2003 , to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires - MKE/858062.1