CCR2007111.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #111-2007
APPROVAL OF MODEL HOME AGREEMENT
Oakridge Glen Subdivision
WHEREAS, A Model Home Agreement for Lot 6 has been received for the Oakridge
Glen 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 Lot 6 for the Oakridge Glen Subdivision, as attached.
DATED THIS 22nd DAY OF May ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Neil Borgman
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #111-2007 which
was adopted by the Common Council of the City of Muskego.
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OAKRIDGE GLEN SUBDIVISION DEVELOPMENT
MODEL HOME AGREEMENT - LOT 6
Borchardt Loving Trust, hereinafter referred to as "Subdivider", hereby certifies that
Subdivider is platting and constructing Oakridge Glen Subdivision in the City of Muskego.
Wayne Borchardt, hereinafter referred to as "Builder", hereby certifies that they
understand that Section XIV of the Subdivider's Agreement for Oakridge Glen
Subdivision provides that:
"It is expressly understood and agreed that no building permits or occupancy permits shall be
issued for any homes until the City Engineer has determined that"
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 and the Retention Pond Maintenance Agreement have been recorded,
and
3. Video tape of sanitary sewer system has been completed by the Utilities Department, and
the results found acceptable by the Utility Superintendent, and
4. Certification is provided to the City Engineer 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.
It is expressly understood and agreed that no occupancy permits shall be issued for any homes
until the Planning Director has determined that:
1. Street Tree Plans as required by Section III E (3) of this Agreement have been
approved.
Subdivider 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, 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.
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Oakridge Glen Subdivision
Model Home Agreement Lot 6
Page 2
Subdivider and Builder jointly and severally specifically acknowledge that no occupancy
permits for any of the model homes, or any other dwelling in Oakridge Glen, 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 build a model home for Lot 6 of Oakridge Glen Subdivision.
This agreement expires June 1, 2008, and can be renewed upon approval and
agreement between the City and the Subdivider.
SUBDIVIDER: BORCHARDT LOVING TRUST
By:
Wayne Borchardt, Trustee
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before us this _day of , 2007, Wayne Borchardt,
Trustee Borchardt Loving Trust, to us known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
BUILDER: WAYNE BORCHARDT
By:
Wayne Borchardt
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this _day of _'
2007 , Wayne Borchardt,
to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires