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CCR2004202COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #202-2004 . APPROVAL OF CERTIFIED SURVEY MAP, DEVELOPER'S AGREEMENT, LETTER OF CREDIT AMOUNT Pellmann WHEREAS, A certified survey map was submitted on September 1, 2004 to finalize a four-lot land division of the Pellmann property located on Woods Road in the SE 1/4 of Section 10 (Tax Key Number 2200.998); and WHEREAS, The Plan Commission amended and adopted Resolution #P.C. 117-2004 recommending approval subject to a Developer's Agreement being executed prior to the recording of the certified survey map; and WHEREAS, A Developer's Agreement and Letter of Credit amount have been received and the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the certified survey map to finalize a four-lot land division of the Pellmann property on Woods Road in the SE 1/4 of Section 10 subject to the conditions outlined in Resolution #P. C. 117-2004, as amended. BE IT FURTHER RESOLVED That the Developer's Agreement and Letter of Credit amount, as attached, for Ruth E. and Glenn Pellmann are hereby approved subject to approval of the City Attorney, all of said approvals to be obtained within thirty (30) days of the date of approval of this Resolution or the same will be null and void. . BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required by Section 18.14 of the Land Division Ordinance, any special assessments which may be due, and approval of the City Engineer. BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be submitted to the City in accordance with Common Council Ordinance #1118 and Resolution #196-2002. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the documents in the name of the City, with any technical changes or corrections to be made as requested by the City Attorney. DATED THIS 23rd DAY OF November ,2004 SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eric Schroeder Ald. Eileen Madden . This is to certify that this is a true and accurate copy of Resolution #202-2004 which was adopted by the Common Council of the City of M~~ego~ {-' 'ft erk- Treasurer 11/2004jmb . . . BADGER BLUEPRINT COMPANY, INC. (262) 542-8200 ræ(; ~ 2U~ ~Jrnl '1 I~VEGO PL' ð ..'!~"N"'" .~,' -.-:... '~,.~:' FORM BBC.101 CERTIFIED SURVEY MAP NO. Being a redivision of Lot 1 of Certified Survey Map. No. 5515, being a part ofthe SW 'Y4 ofthe SE í4 of Section 10, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin. f , (fj I ~ SCALE: I t' '~I 1'= 100' 1 ~I I ="-1 I ,~ 1 3D' ! 30': 1 I -----j I 1 IQJ I)::. liS I_~ Ie: I """'..: 1i\j_----1 ~ Z b 1 ~s: Ih; 1-1 I~ 1 ~ ~ 12] 12 I ~ <.J:! I);! I ~ ~ lñj I ;: l(fj I co ---_...J '" ~ 14 13 SPINNAKER DRIVE (60') --------- -----, If- I)::. 12: ~ I 1 1 3D' 1 I I 1 ) ./ ./ ./ ./ ./ ./ 11 .".. NW CORNER SE y" SEC. 10 T5N, R20E N 336,911.12 E 2,503,808.26 6"x6" CONC. MONUMENT WIBRASS CAP 10 '" þ -< t SCALE: 1" = 2000' r.or--O 005 ",0 ~Qú/,Q , '($ 34' ,GZ$" -- ,'vl\I ',$0'1: "1.:$0' 33~ VICINITY MAP SE y, SEC 10-5-20 N88'42'15"E 30.00 N88042'15"E 210.00 210.00 LOT1 3D' 32 " ./ ./ ./ ./ ...- ,1;, ",,;c>. O",\'ib- 0, ';;,. "b- ""- -----------, C.SM N.Q.=~= I - ~ß..C~.J.-. 1 I SW CORNER SE y" SEC. 10 T5N, R20E N 334,246.98 E 2,503,868.52 6"x6" CONC. MONUMENT WIBRASS CAP PREPARED BY: CHRISTOPHER J. KUNKEL EDGEWOOD ENGINEERING GROUP, ING. S71 W23325 NATIONAL AVENUE SUITE 5 BUG BEND, WI. 53103 GRAPHIC SCALE 100' o' 50' 100' ~..~ 200' I NOTE: 0 - DENOTES 1"x24 " IRON PIPE 1.13 LBS. PER LINEAL FOOT SET AT ALL LOT CORNERS UNLESS NOTED OTHERWISE BEARING REFER TO THE WISCONSIN STATE PLANE CO-ORDINA TE SYSTEM SOUTH ZONE ( IN FEET) THIS INSTRUMENT DRAFTED BY CHRISTOPHER J. KUNKEL 5-1755 SHEET 1 OF 3 BADGER BLUEPRINT COMPANY,INC. (262) 542-8200 FORM BBC-1 0 1 . CERTIFIED SURVEY MAP NO. Being a redivision of Lot 1 of Certified Survey Map. No. 5515, being a part of the SW % of the SE ~ of Section 10, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin. Surveyor's Certificate: I Christopher J. Kunkel, Registered Land Surveyor, do hereby certify: that I have sUlveyed, divided and mapped a redivision of Lot 1 of Certified Survey Map. No. 5515, being a part ofthe SW ~ of the SE ~ of Section 10, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as fol/ows: Commencing at the SW corner of said SE ~ Section: thence N 010 17' 45" Walong the west line of said ~ Section, 540.69 feet; thence N 88042'15" E, 30.00 feet to the place of beginning ofthe lands to be described; thence N 88042' 15" E, 210.00 feet; thence S 77" 54' 16" E, 113.80 feet; thence S 320 09' 43" E, 200.00 feet to a point on the north line of Woods Road; thence S 57" 50' 17" Walong said north line 493.16 feet to the intersection of Woods Road and Bay Lane; thence N 01017'45" W along the east line of Bay Lane, 451.04 feet to the place of beginning. That I have made this survey, land division and map by direction of Glen Pel/mann and Ruth Pellmann, his wife, owners of said lands. That such map is a correct representation of all the exterior boundaries of the land surveyed and the land division made thereof. . . OWNER'S CERTIFICA TE Glenn Pellmann and Ruth Pellmann , as owners, do hereby certify that we have caused the land described on this map to be surveyed, divided, mapped and dedicated as represented on this map in accordance with the requirements of Ordinances of the City of Muskego, and that this map is required by s.236. 10 or s.236. 12 to be submitted to the following for approval or objection: City of Muskego. IN WITNESS WHEREOF, said Owner has caused these presents to be signed by Glenn Pellmann and Ruth Pel/mann, on this _day of --.?,O_-, In the presence of: WITNESS Glenn Pellmann WITNESS Ruth Pel/mann STATE OF WISCONSIN) COUNTY OF WAUKESHA ) Personally came before me this day of ,20- -' the above named Glenn Pel/mann and Ruth Pel/mann, owners, and to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public - State of Wisconsin ~\\\\\\\\\\IIIIIIIII,I/!i;;J;::ír- #" ,S CO f\.J 0' /;.;;,;~, ør--""\ I',/J~;-;/. ;?i!i ~.. "'\ ~.;o. ;,; z ~ % ~í::r CHRISTOPHEH JY.0'~ ê KUNKEL ~ ~ $-1755 ~ ~ <"' WAU"ESHA, . 9: jJ \"ÝA; WI,O,#" ~'V^ ~-"'" ~ ~v SUR\jv:\~~ rlllill \\\,\\\\~ THIS INSTRUMENT DRAFTED BY CHRISro'f!J/lII!W':). KUNKEL S-1755 My commission expires: . SHEET 2 OF 3 BADGER BLUEPRINT COMPANY, INC. (262) 542-8200 . FORM BBC.101 CERTIFIED SURVEY MAP NO. Being a redivision of Lot 1 of Certified Survey Map. No. 5515, being a part of the SW % of the SE X of Section 10, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin. CERTIFICA TE OF CITY TREASURER /, Janice Moyer, being the duly elected, qualified, and acting City of Muskego Treasurer, do hereby certify that in accordance with the records in my office, there are no unpaid taxes or unpaid special assessments as of this day of , 20__, on any of the land included on this map. Date: Janice Moyer - Clerk/Treasurer, City of Muskego PLAN COMMISSION APPROVAL ApPROVED by the Plan Commission of the City of Muskego by Resolution No. 20__. on this ---..!Jay of Mark Slocomb, Chairman . Sandra S. Asti, Recording Secretary COMMON COUNCIL APPROVAL APPROVED by the Common Council of the City of Muskego by Resolution No. 20__. on this ---..!Jay of Mark Slocomb, Mayor Janice Moyer - Clerk/Treasurer . THIS INSTRUMENT DRAFTED BY CHRISTOPHER J. KUNKEL S-1755 ..r :,TO < -,:'- PELLMANN - CITY OF MUSKEGO DEVELOPER'S AGREEMENT WOODS ROAD CERTIFIED SURVEY MAP . This Agreement, made this~n'gay.of Maý;~~~i11i by and between Ruth E. Pellmann and Glenn Pellmann, husband and wife (the "Developer"), and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City"). WITNESSETH WHEREAS, The Developer owns certain lands legally described as; Being a redivision of Lot 1 of Certified Survey Map No. 5515, being a part of the SW % of the SE % of Section 10, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin (Also known as Tax Key No. 2200.998). Containing 124,408 sq. ft. gross area. Herein referred to as the "Property", and WHEREAS, the Developer has submitted for approval by the City a Certified Survey Map of the Property, and WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of approval, the governing body of the City may require that the Developer make and install certain public improvements reasonably necessary for the Property and further, may condition approval of the Certified Survey Map upon the construction of said improvements according to municipal specifications without cost to said municipality. . NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as follows: SECTION I: IMPROVEMENTS Developer shall entirely at its expense: A. RECREATION TRAILS: 1. Construct, install, furnish, and provide without cost to City, a complete recreation trail along the north right-of-way line of Woods Road abutting the Property from Bay Lane Drive to the east Property boundary all in accordance with the plans, specifications and drawings to be approved by the Building and Engineering Department and Public Works Committee. B. EROSION CONTROL MEASURES: 1. Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance. . 2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, in accordance with the Erosion Control Plan to be approved by the Director of Engineering and Building and Public Works Committee in accordance with the plans and specifications of the City Building and Engineering Department. No construction or grading can begin until said Page 2 Developers Agreement -Pellman permit is issued by the City, and no grading shall occur without a two (2) day notice to the City. . 3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and construction work. Such fences shall be maintained by the Subdivider until such time as vegetative cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 29. SECTION II : AS-BUILT CONSTRUCTION PLANS Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City's Geographic Information System, and City may utilize Subdivider's Developers Deposit account for all charges related hereto. Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section 18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002 to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in said conversions and City may utilize Subdivider's Developers Deposit account for all charges related hereto. SECTION III : TIME OF COMPLETION OF IMPROVEMENTS The recreation trail, grading, and restoration outlined in Section I shall be completed by the . Developer within one (1) year from signing of this Agreement or except if an earlier date is provided for in the Agreement. If the improvements described herein is not completed within one (1) year of the date of this Agreement, the Developer shall extend the Cash Deposit Account in a form acceptable to the City until such time as the final surface course of pavement is completed. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface course pavement, 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. SECTION IV: DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this agreement, Developer shall, without charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the recreation trail to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of improvements when all said utilities have been completed and approved by the City Engineers and other agencies as applicable. . Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any improvements which do not fully comply with City standards and Page 3 Developers Agreement -Pellman specifications. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. . At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha County Register of Deeds. The City shall have the right to connect to or integrate other utility facilities with the improvements provided herein without payment, award, or consent required of the Developer. SECTION V: INSPECTION AND ADMINISTRATIONS FEES Developer shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the improvements covered by Section I, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to payor reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. . SECTION VI : MISCELLANEOUS REQUIREMENTS All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION VII : GUARANTEES: The Developer shall guarantee the recreation trail improvements against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Developer shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION VIII : GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim . asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this agreement as stated above by any party or parties. The Developer shall also name as additional insured on its general liability insurance the City, its Page 4 Developers Agreement -Pellman officers, agents, and employees, and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request by the City. . . . a) Hold Harmless. The Developer shall indemnify and hold harmless the City, its officers, agents, independent contractors, and employees from and against all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting from the performance of the Work, providing that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Developer, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable, regardless of whether or not it is caused in part by a party indemnified herein. In any and all claims against the City, its officers, agents, independent contractors, and employees by the Developer, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of they may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Developer, its officers, agents, independent contractors, employees under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. b) Personal Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, or employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City and its officers, agents, independent contractors, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Plat and this Agreement (including but not limited to street right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Developer shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) property damage (or such higher . Page 5 Developers Agreement -Pellman amounts as the City shall from time to time deem reasonable). Such policy shall cover both Developer and the City and its agents, employees, and officials, and all insurers shall agree not to cancel or change the same without at least thirty (30) days written notice to the City. A certificate of Developer's insurance shall be furnished to the City upon execution of this Agreement. Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City's right to recover thereon. SECTION IX : CONSTRUCTION PERMITS. ETC...: The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Developer to construct the improvements in accordance with the plans and specifications called for by this agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Developer such permits or easements as may be required to enter upon and install the previous described improvements in any public street or public property. 3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Developer or their nominee successors or assigns, permits for the construction of single-family residences subject to the provision of Section XI. . SECTION X: BUILDING AND OCCUPANCY PERMITS: . It is expressly understood and agreed that no building or occupancy permits shall be issued for any homes until the Director of Engineering and Building has determined that: 1. Grading, drainage, and erosion control plans have been approved by the Director of Engineering and Building and Public Works Committee. 2. Construction Plans for the Recreation Trail have been approved by the Director of Engineering and Building and Public Works Committee. 3. The recreation trail grading and base course of traffic bond has been constructed to City specifications to the satisfaction of the Director of Engineering and Building. 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. SECTION XI: FINANCIAL GUARANTEES: 1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney and Finance Committee in the amount of $10,000.00 as a guarantee that the required plans, improvements, and approvals will be completed by the Developer and his subcontractors no later than one (1) year from signing of the Agreement, . . Page 6 Developers Agreement -Pellman except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the development is satisfied. The Letter of Credit shall be in addition to the Developers Deposit required to be maintained in accordance with the procedures adopted for municipal cost recovery relating to the Improvements. a) Invoices: Invoices documenting public improvements addressed and not addressed in the Cost Breakdown, but attributable to the subject development shall be provided to the City. b) Reduction Of Balance: The Developer shall provide Director of Engineering and Building with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form, and signed original lien waivers for all work which is subject of release request. The Director of Engineering and Building will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. 2. DEVELOPER'S DEPOSIT: The Developer shall maintain a $300.00 balance in the Developer's Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. 3. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement upon the Subdivision. This provision constitutes the Developer's consent to the installation by the City of all improvements required by this Agreement and constitutes the Developer's waiver of notice and consent to all special assessment proceedings as described in Sec. 66.60 (18), Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XII: PARTIES BOUND: Developer or its assignees shall be bound by the terms of this agreement or any part herein as it applies to any phase of the development. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, water facilities, drainage facilities, ditches, landscaping and all other improvements shall be the Developers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XIII : AMENDMENTS AND ASSIGNMENT: . Page 7 Developers Agreement -Pellman Developer shall not assign this Agreement without the written consent of the City. The City and the Developer, by mutual consent, may amend this agreement, by written agreement between . the City and the Developer. SECTION XIV: NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally, sent by prepaid United States Postal Service certified mail with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail with return receipt requested, to all parties as follows: To City: Planning Department PO Box 749 W182 58200 Racine Avenue Muskego, WI 53150-0749 (262) 679-4136 (262) 679-5614 facsimile To Developer: Glenn and Ruth E. Pellmann 578 W16312 Woods Road Muskego, WI 53150 (414) 422-1537 All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, or three (3) days after the date of postmark on any prepaid certified letter, facsimile transmission, or electronic mail. Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the party. . SECTION XV: PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Developer 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. DEVELOPERS By: Ruth E. Pellmann By: Glenn Pellmann STATE OF WISCONSIN) SS W AUKESHA COUNTY) PERSONALLY came before me this otMp,y;.4~~~, Ruth E. Pellmann and Glenn Pellmann, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin . My Commission Expires Page 8 Developers Agreement -Pellman IN WITNESS HEREOF, 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) SS W AUKESHA COUNTY) PERSONALLY came before me this 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 they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and to the authorization by the Common Council from their meeting on the j1~aåYPf Notary Public-State of Wisconsin . My Commission Expires CERTIFICATION This is to certify that the is a true and correct copy of the Developer's Agreement as entered into on the by and between Ruth E. Pellmann and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the 11th day of March, 2003. BY THE COMMON COUNCIL Janice Moyer, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This 9th day May, 2003. My commission expires This instrument drafted by Jeff Muenkel, Director of Planning . City of Muskego PO Box 749 Muskego, WI 53150