CCR2005091.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #091-2005
APPROVAL OF MODEL HOME AGREEMENT
Soxhorn Reserve Subdivision
WHEREAS, A Model Home Agreement for Lots 1,2, 16, 17, 18 and 119 has been
received for the Boxhorn Reserve Subdivision 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 Finance Committee, does hereby approve
the Model Home Agreement for Lots 1,2,16,17,18 and 19 for the Boxhorn Reserve
Subdivision, as attached.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary document in the name of the City, and that the Mayor,
in consultation with the City Attorney, may make any necessary technical corrections.
BE IT FURTHER RESOLVED That this resolutiion is subject to final City signature and
approval of the Subdivider's Agreements and Letter of Credit for the subdivision.
DATED THIS 26th DAY OF April
-' 2005.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #091-2005 which
was adopted by the Common Council of the City of Muskego.
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BOXHORN RESERVE SUBDIVIISION DEVELOPMENT
MODEL HOME AGREEMENT - LOTS 1. 2. 16. 17. 18. 8t 19
Creative Homes Inc., hereinafter referred to as "Subdivider", hereby certifies that
Subdivider is platting and constructing Boxhorn Reserve Subdivision in the City of
Muskego.
Creative Homes Inc., hereinafter referred to as "Builder", hereby certifies that they
understand that Section XIII of the Subdivider's Agreement for Boxhorn Reserve
Subdivision provides that:
"It is expressly understood and agreed that no building permits or occupancy
permits shall be issued for any homes until the Director of Engine6'ring and Building
has determined that:
1. The sanitary sewer, water main, and surface water drainage fa(~ilities 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 completed! by the Utilities
Department, and the results found acceptable by the Utility Sup~arintendent, and
3. Certification is provided to the Director of Engineering and Building by a
Registered Land Surveyor that all lot 91rades conform to the! Master Grading
Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized
by the Planning Director.
Subdivider and Builder jointly and severally acknowledge notice of the above referenced
conditions and any other applicable conditions, Ilaws, rules, or regulations and agrees to
assume all risks of satisfaction of those conditions created as a rE~sult of the City's
issuance of a building permit, and Subdivider and Builder proceeding with construction of
model homes prior to satisfaction of said conditions and any other applicable conditions,
laws, rules, or regulations.
Subdivider 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.
Subdivider and Builder jointly and severally specifically agree that the lots the model
homes are applied for have utility easements upon them and that contractors typically
need additional room around easements to complete improvements possibly costing
additional monies and any additional monies are the responsibility of the Subdivider or
Builder.
Subdivider and Builder jointly and severally specifically acknowledge that no occupancy
permits for any of the model homes, or any oth4ar dwelling in Boxhorn Reserve, shall be
Soxhorn Reserve Subdivision
Model Home Agreement Lots 1, 2,16,17,18, and 19
Page 2
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 build a model homes for Lots 1, 2, 16, 17, 18, and 19 of 1B0xhorn Reserve
Subdivision.
SUBDIVIDER: PEGARL, LLP
By:
Creative Homes Inc.
Rick J. Przybyla, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before us this _day of , 2005, Rick J. Przybyla,
Creative Homes Inc., to us known to be the persons who executed the foregoing
instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
BUILDER : CREATIVE HOMES INC
By:
Creative Homes Inc.
Rick J. Przybyla, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this _day of --'
2005 , President Creative
Homes Inc., to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires