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CCR2017095-Amendment-HSI COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #095-2017 APPROVAL OF AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN HSI MUSKEGO INDUSTRIAL, LLC AND THE CITY OF MUSKEGO WHEREAS, Resolution #061-2017 approved a Development Agreement between HSI Muskego Industrial, LLC (HSI) and the City of Muskego and was adopted on June 13, 2017; and WHEREAS, Since building permit review, it was required that construction of the Utility Facilities for the Project (Storm Water Facility, Sanitary Facility, and On-Site Facility) become dedicated public facilities such that they are operated and maintained as public utilities, but still service the Project; and WHEREAS, Upon construction of the Utility Facilities, HSI has agreed to dedicate the Utility Facilities to the City along with any and all necessary easements over HSI’s land for access thereto; and WHEREAS, The City has agreed to reimburse HSI for an upsize charge for the watermain to go from an 8” diameter size to a 12” diameter size; and WHEREAS, The parties wish to enter into an Amendment to the Development Agreement for the purposes set forth herein; and WHEREAS, The Finance Committee has reviewed the attached Amendment to the Development Agreement and recommends approval to the Common Council. 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 Amendment to the Development Agreement between HSI Muskego Industrial, LLC and the City of Muskego. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Amendment and the City Attorney is authorized to make substantive changes to the Agreement as may be necessary in order to preserve the general intent thereof. TH DATED THIS 28 DAY OF NOVEMBER , 2017. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #095-2017 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 11/17jmb