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CCR2021099-DA Consent - Spectrum COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #099-2021 APPROVAL OF AN ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT FOR THE SPECTRUM WATERTOWER HOLDINGS, LLC DEVELOPERS AGREEMENT WHEREAS, The City of Muskego and Spectrum Watertower Holdings, LLC. entered into a Development Agreement dated November 16, 2014, which was recorded with the Waukesha County Register of Deeds on January 20, 2015, as Document No. 4121741; and WHEREAS, Spectrum Watertower Holdings, LLC. has entered into a Purchase and Sale Agreement with MKE I – Commerce, LLC., dated August 11, 2021, whereby the property subject to the Development Agreement will be sold; and WHEREAS, The seller desires to assign all of its rights, obligations and liabilities under the Development Agreement to the purchaser, and the purchaser desires to accept and assume all of the rights, obligations and liabilities of the seller under the original terms of the Development Agreement; and WHEREAS, Pursuant to Section IX of the Development Agreement, the assignment of the Development Agreement requires the City’s consent. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Assignment, Assumptions and Consent Agreement. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Agreement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 27th DAY OF OCTOBER 2021. SPONSORED BY Ald. John Terrance This is to certify that this is a true and accurate copy of Resolution #099-2021, which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer 10/21cmc