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CCR2003180. . . AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #180-2003 APPROVAL OF EARLY START AGREEMENT DISCOVERY DAYS DAY CARE CENTER BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Discovery Days Day Care Center Early Start Construction Agreement for the property at S80 W18906 Janesville Rd., Tax Key No. 2192.976. BE IT FURTHER RESOLVED That occupancy inspections 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 22"d DAY OF JULY ,2003. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Pettalski Ald. Nancy Salentine Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #180-2003 which was adopted by the Common Council of the City of Muskego. ~Þ1~ C -Treasurer 7/2003 jm . . . ~ DISCOVERY DAYS DAY CARE CENTER EARLY START CONSTRUCTION AGREEMENT - PARCEL 4 C.S.M 7450 Kristopher and Tina Kraussel, hereinafter referred to as "Developer", hereby certifies that Developer is constructing certain improvements in the City of Muskego to benefit rea! property legally described as: Parcel 4 of Certified Survey Map No. 7450, recorded August 15, 1994 in Volume 63 of Certified Survey Maps on pages 200-205, as Document No. 1987380, being a redivision of Parcel 3 of Certified Survey Map No. 7451, being part of the Southeast X of the Southeast X of Section 8 and the Northeast X of the Northeast X of Section 17, Town 5 North, Range 20 East, City of Muskego, County of Waukesha, State of Wisconsin, and (hereinafter referred to as the "Property"). MSI Development Corporation. hereinafter referred to as "Builder", is the owner of the Property and hereby certifies that they understand the requirements of Plan Commission Resolution 070- 2003 for completion of certain improvements benefiting the Property (hereinafter referred to as the "Improvements"), provides that: . 1. A revised landscaping plan shall be approved by the City Forester and Plan Commission prior to the release of building permits, and 2. A roof plan illustrating mechanicals shall be provided prior to the release of building permits, and 3. That if occupancy is requested prior to the completion of landscaping and or asphalting, a bond, letter of credit or cashiers check equal to twice the value of said costs must be submitted to the Planning Department, and 4. That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. 5. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning Director. Developer 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 to Builder, and Developer and Builder proceeding with construction of the Improvements on the Property prior to satisfaction of said conditions and any other applicable conditions, laws, rules, or regulations. 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. 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. The undersigned understand the above and request that the City of Muskego issue a permit to construct the Improvements. . . - Early Start Construction Agreement, Lot 2 CSM 9464 Page 2 DEVELOPER: Kristopher and Tina Kraussel By:tJv~t;p)~ ~f~ Kristopher Kraussel Tina Kraussel STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me thid3 day ofJc vUac , 2003, Kristopher and Tina Kraussel, to me known to be the person who executed t~ng instrument and acknowledged the same. Notary Public, Waukesha County, Wisconsin My commission expires I d - fO - 0 CJ; [name ot a thorized signator] [title of a orized signator] STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me thiScÍL day' J !1J.D03 Ì) i e k. D-e&b'~k to me to be the person who execut d the foregoing in~t and acknowledged the same. . / " W known . . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #180-2003 APPROVAL OF EARLY START AGREEMENT DISCOVERY DAYS DAY CARE CENTER BE IT RESOLVED That the Common Council of the City Q(~uskego, upon the recommendation of the Finance Committee, does hereb,f approve the attached Discovery Days Day Care Center Early Start Construçtfon Agreement for the property at S80 W18906 Janesville Rd., Tax Key No. 2192.976 , BE IT FURTHER RESOLVED That building and CCU~G~ permits will not be issued outlined in the Agreement have been satisfa {oril !!1êt. "'" !-:Þ DATED THIS DAY OF , t': rf~ SPONSORED BY FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #180-2003 which was adopted by the Common Council of the City of Muskego. 7/2003 jm Clerk-Treasurer