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CCR2020007-Preservation Area Plan AgreementTHE WATERS OF LAKE DENOON PRESERVATION AREA MANAGEMENT PLAN AGREEMENT This Agreement, made and entered into this ____ day of ____, 2020 by Community Holdings LLC (hereinafter referred to as “Subdivider”), the incorporated The Waters of Lake Denoon Owners Association, Inc. (hereinafter referred to as “Association”) and the City of Muskego, a Municipal Corporation located in the County of Waukesha and the State of Wisconsin, (hereinafter referred to as “City”). WITNESSETH: WHEREAS, the Subdivider is the owner of certain lands commonly known as The Waters of Lake Denoon Final Plat (hereinafter referred to as “Conservation Subdivision”) and as Tax Key Number MSKC2283.999; and WHEREAS, The City of Muskego 2017-2021 Parks and Conservation Plan (on file at the City of Muskego Planning Department) identifies certain environmentally significant lands within the City; and WHEREAS, The City of Muskego Parks and Conservation Plan encourages the preservation of environmentally significant lands which lie within areas to be developed; and WHEREAS, The City of Muskego Parks Conservation Plan encourages the development of conservation subdivisions that preserve environmentally significant lands; and WHEREAS, The City of Muskego Common Council has approved the Conservation Subdivision; and WHEREAS, The approved Conservation Subdivision designates outlots containing open spaces of environmentally significant lands; and WHEREAS, Chapter 392 of the City of Muskego Municipal Code requires the creation and implementation of open space management plans for conservation subdivisions; and WHEREAS, The Subdivider has established an incorporated owners association known as The Waters of Lake Denoon Owners Association, Inc. (hereinafter referred to as the “Association”), which shall become responsible for maintenance of the outlots upon recording of the Final Plat and Deed Restrictions, and WHEREAS, The City reserves the right to enforce the requirement that the outlots are maintained in a manner consistent with this agreement and the The Waters of Lake Denoon Preservation Area Management Plan on file in the offices of the City of Muskego Planning Department as required by the Chapter 392 of the City of Muskego Municipal Code; The Waters of Lake Denoon Preservation Area Management Plan Agreement Page 2 NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS AGREED, as follows: 1. The Subdivider warrants and represents that it is the sole owner of the lands subject to this Agreement free and clear of all encumbrances, except recorded easements and restrictions and municipal and zoning ordinances and real estate taxes in the year of closing. 2. The Association, unless otherwise provided for in the The Waters of Lake Denoon Preservation Area Management Plan, and as attached hereto, shall be responsible for maintenance of the subdivision owned outlots within the Subdivision. 3. The Subdivider shall deposit in a segregated account with the City two thousand five hundred dollars ($2,500) to cover costs associated with the first five (5) years of the management schedule of the The Waters of Lake Denoon Open Space Management Plan. Upon commencement of the sixth (6) year, and continuing in each year thereafter, the required balance shall be one thousand dollars ($1,000) and from time to time the City shall invoice the Association in an amount sufficient to return the account balance to one thousand dollars ($1,000). 4. The City of Muskego is authorized to access the Property to conduct inspections of vegetative cover within outlots as necessary to ascertain that the vegetation is being maintained in accordance with the approved The Waters of Lake Denoon Preservation Area Management Plan, which include but are not limited to prairie/sedge meadow establishment. The City shall provide the Subdivider or Association an inspection report detailing any noncompliant items. 5. The Subdivider or Association, after which time the Association is turned over to the owners, shall maintain the outlots in accordance with the approved The Waters of Lake Denoon Preservation Area Management Plan on file in the offices of the City of Muskego Planning Department as required by Chapter 392 of the City of Muskego Municipal Code. 6. The Association may be required, upon notification by the City of Muskego, to take corrective actions within a reasonable timeframe to address vegetation maintenance problems within the outlots. The City of Muskego is authorized to perform the corrective actions identified in the inspection report if the Association does not make the required corrections in the specified time period. The costs and expenses associated with corrective actions shall be drawn against the segregated account. 7. The costs and expenses shall be entered on the tax roll as a special charge or special assessment against all lots of The Waters of Lake Denoon inclusive on an equal basis and collected with any other taxes levied thereon for the year in which the work is completed. 8. This document shall be recorded with the Waukesha County Register of Deeds and shall be a covenant running with the land and binding upon all owners of said land. The Waters of Lake Denoon Preservation Area Management Plan Agreement Page 3 IN WITNESS HEREOF, Subdivider 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. Community Holdings LLC By: John Jewell, Manager Community Holdings LLC STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me ____ day of ____, 2020 John Jewell, Manager of Homes by Community Holdings 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 THE WATERS OF LAKE DENOON OWNERS ASSOCIATION, INC. By: John Jewell, Manager STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this ____ day of ____, 2020 the above named John Jewell, to me known to be the person who executed the foregoing instrument and acknowledged the same as representatives of The Waters of Lake Denoon Owners Association, Inc. __________________________________________ Notary Public, Waukesha County, Wisconsin My commission expires _______________________ STATE OF WISCONSIN} SS WAUKESHA COUNTY} The Waters of Lake Denoon Preservation Area Management Plan Agreement Page 4 CITY OF MUSKEGO By: _____________________________ By: ______________________________ Kathy Chiaverotti, Mayor Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN}SS WAUKESHA COUNTY } Personally came before me this ____ day of ____, 2020 the above named Kathy Chiaverotti, Mayor and Sharon Mueller, City Clerk-Treasurer, of the above-named municipal corporation 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 pursuant to the authorization by the Common Council from their meeting on the ____ day of ____, 2020. ___________________________________ Notary Public, Waukesha County, Wisconsin My commission expires ________________ The Waters of Lake Denoon Preservation Area Management Plan Agreement Page 5 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Preservation Area Management Plan Agreement for The Waters of Lake Denoon, Muskego, Wisconsin, as entered into on ____ day of ____, 2020 by and between Community Holdings LLC, the The Waters of Lake Denoon Owners Association, Inc. and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the ____ day of ____, 2020. BY THE COMMON COUNCIL ________________________________ Sharon Mueller City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of ____, 2020. ___________________________________ Notary Public, Waukesha County, Wisconsin My commission expires ________________ This document drafted by John Jewell, Community Holdings LLC City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150