CCR2004176.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #176-2004
APPROVAL OF AMENDMENT NO.1 TO SUBDIVIDER'S AGREEMENT
Northfield Green
WHEREAS, The Common Council approved a Subdivider's Agreement for the
Northfield Green Subdivision on April 13, 2004 through amended Resolution #063-
2004; and
WHEREAS, Amendment NO.1 to the Northfield Green Subdivider's Agreement has
been received; and
WHEREAS, The Finance Committee has reviewed Amendment NO.1 to the
Subdivider's Agreement and has recommended approval.
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 Northfield Green Subdivider's Agreement 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 26th DAY OF October ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #176-2004 which
was adopted by the Common Council of the City of Muskego.
10/04jmb
NORTHFIELD GREEN LLC - CITY OF MUSKEGO
. AMENDMENT NO.1 TO NORTHFIELD GREEN SUBDIVIDER'S AGREEMENT
This Amendment No.1 to the Northfield Green Subdivider's Agreement, made this
by and between Northfield Green LLC (the "Subdivider") and the City of Muskego, a
municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider previously submitted for approval by the City a Final Plat for Northfield
Green (the "Subdivision"), a part of the lands described as:
A redivision of Lot 1 of certified survey map no. 9333, being a part of the southeast % and southwest % of the
southeast % of Section 3, and the northeast % of the northeast % of section 10, Town 5 North, Range 20 East,
in the City of Muskego, Waukesha County, Wisconsin. Containing 842,267 square feet (or 19.3358 acres) of
land.
the Final Plat(s) of which have been recorded with the Register of Deeds for Waukesha County and a
copy of which has been filed in the Office of the City Clerk; and
WHEREAS, following approvals by the City's Engineers, the City's Public Works Committee,
Public Utility Committee, Finance Committee and the City's Plan Commission, the Common Council, on
May 13, 2004, duly approved the final plat of Northfield Green Subdivision contingent, in part, upon the
execution and performance of the terms and conditions stated in the Northfield Green Subdivider's
. Agreement by the Subdivider; and
WHEREAS, since May 13, 2004, the parties have determined that certain provisions of the
Northfield Green Subdivider's Agreement as previously approved should be amended;
NOW, THEREFORE, in consideration of the covenants stated herein, the receipt and sufficiency
of which are acknowledged by the parties, the parties hereby modify and/or amend the May 13, 2004
Northfield Green Subdivider's Agreement as follows:
1. Section I is amended to create subsection 2. f) so that it reads as follows:
2. Subdivider shall entirely at its expense:
f) Within thirty (30) days of approval of this Amendment No.1 by the Common Council, the
Subdivider shall cause this Agreement to be recorded at the Waukesha County Register
of Deeds, and shall provide the City with evidence of recording.
2. Section II: Phasing, is deleted and replaced with the following language:
SECTION II : PHASING
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1. Subdivider and the City agree that installation of public and private improvements
described in Section III shall occur in two phases. The first phase shall constitute those
improvements related to lots 1 to 9 (Phase 1). The second phase shall constitute those
improvements related to lots 10 to 19 (Phase 2).
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Amendment NO.1 to Northfield Green Subdivider's Agreement
. 3. Section IV: Time of Completion of Improvements, is deleted and replaced with the
following language:
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for the final surface course of pavement as
described therein, shall be completed by the Subdivider in two phases as follows: (1) with respect
to Lots 1 to 9 (Phase 1), said improvements shall be completed on or before May 31, 2005; and
(2) with respect to Lots 10 to 19 (Phase 2), said improvements shall be completed on or before
December 31, 2005. The final surface course of pavement for each phase may be deferred until
ninety percent (90%) of the homes in such phase have been completed, or thirty-six (36) months
after the installation of the first lift of asphalt in such phase, whichever comes first.
The Subdivider shall extend the Letter of Credit required under Section XVI in a form acceptable to
the City, as a guarantee that the required plans and improvements will be completed by the
Subdivider and his subcontractors as provided in this Amendment NO.1. Such Letter of Credit
shall extend to either December 31, 2005 or such time as the final surface course of pavement
required by Phase 1 and 2 is completed, whichever date is later.
If the City receives notice of the intention to terminate the Letter of Credit prior to December 31,
2005 or the completion of the final surface course pavement required by Phase 1 and 2, whichever
date is later, such notice shall be considered a failure to complete improvements in accordance
with this agreement and shall entitle the City to immediately draw against the Letter of Credit.
. 4.
language:
Section XV: Building and Occupancy Permits, is deleted and replaced with the following
SECTION XV: BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be
issued until the Director of Engineering and Building has determined that, with respect to all of the
lots within the phase for which the building or occupancy permit is requested, the following
conditions have been met as to all such lots:
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 the installation of the
bituminous concrete base course pavement has been properly installed, and
2. Deed Restrictions have been recorded, and
3. Video tape of the sanitary sewer system has been furnished to the Director of Engineering and
Building, and
4. 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
.
5. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the
Planning Director, and
6. The section corner monuments in Sandlewood Drive shall be properly installed or
arrangements made therefore by the Southeastern Wisconsin Regional Planning Commission.
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Page 3
Amendment NO.1 to Northfield Green Subdivider's Agreement
. It is also expressly understood and agreed that no occupancy permits shall be issued for any
homes until the Planning Director has determined that with respect to all of the lots within the
phase for which the building or occupancy permit is requested, the following conditions have been
met as to all such lots:
1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
2. Landscape Plans as required by Section III E (4) of this Agreement have been approved.
Effect of Amendment No.1
Except as hereinabove specifically amended or modified, the May 13, 2004 Northfield Green
Subdivider's Agreement shall remain in full force and effect exactly as agreed to by the parties.
Parties to the Agreement
IN WITNESS HEREOF, Subdivider has caused this Amendment NO.1 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. NORTHFIELD GREEN LLC
. By:
William Carity, Member
STATE OF WISCONSIN
SS
WAUKESHA COUNTY
PERSONALLY came before me this
-
2004 William Carity, Member of
Northfield Green 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
.
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Amendment NO.1 to Northfield Green Subdivider's Agreement
. IN WITNESS HEREOF, the City 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.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb, Mayor
BY:
Janice Moyer
City Clerk-Treasurer
STATE OF WISCONSIN)
)
WAUKESHA COUNTY)
SS
PERSONALLY came before me this 2004, the above named Mark A.
Slocomb, Mayor, and Janice Moyer, City Clerk-Treasurer of the City of Muskego, to me known to be the
persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-
. Treasurer of said municipal corporation, and acknowledged that tho ey 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' , 2004.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of Amendment NO.1 to the May 13,
2004 Subdivider's Agreement for Northfield Green Subdivision, Muskego, Wisconsin, as entered into on
the 2004, by and between Northfield Green LLC and the City Of Muskego,
pursuant to the authorization by the Common Council from their meeting on the
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2004.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This da'; 2004.
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My commission expires
20059645 1. DOC
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