CCR2021059-Attachment - Model Home AgreementTHE GLEN AT MUSKEGO LAKES DEVELOPMENT
MODEL HOME AGREEMENT – CLUB HOUSE & BUILDINGS #1-5 and 21-23
The Glen at Muskego Lakes LLC., hereinafter referred to as "Developer", hereby certifies
that the Developer is platting and constructing The Glen at Muskego Lakes Condominium
development in the City of Muskego.
The Glen at Muskego Lakes LLC., hereinafter referred to as “Builder”, hereby certifies
that they understand that Section XVIII : Building and Occupancy Permits of the
Developer's Agreement for The Glen at Muskego Lakes provides that:
It is expressly understood and agreed that no buildings permit shall be issued until
the Public Works & Development Director or his designee has determined that:
1. The infrastructure of the development is substantially complete.
2. A letter of credit or bond pursuant to the requirements herein remains on file to
guarantee compliance with any other obligations under the agreement.
3. Any negative balance in Developer's Deposit is satisfied unless otherwise
authorized by the Public Works & Development Director.
4. The Developer is not in default of any aspect of this Agreement.
The only exception to the items listed above in this section are per the Model Home
Agreement (for the Club House and Buildings #1-5 and 21-23) as signed and
approved attached and incorporated herein.
It is expressly understood and agreed that no occupancy permit shall be issued until
the Public Works & Development Director or his designee has determined that:
1. A letter of credit or bond pursuant to the requirements herein remains on file to
guarantee compliance with any other obligations under the agreement.
2. The Resolution of the dedication and acceptance of Improvements is approved
by the City.
3. All parameters of Resolution #PC 040-2020, #PC 063-2020 and PC# 077-2020
have been met to the satisfaction of the Planning Manager.
4. Any negative balance in Developer's Deposit is satisfied unless otherwise
authorized by the Public Works & Development Director.
5. The Developer is not in default of any aspect of this Agreement.
6. The Certified Survey Map and Condominium Plat have been recorded and
appropriate copies are delivered to the Public Works & Development
Department.
The Glen at Muskego Lakes
Model Home Agreement - Club House & Buildings #1-5 and 21-23
Page 2
This section applies to all building, including the Club House and Buildings #1-5 and
21-23.
Developer 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 Developer and Builder proceeding with construction of
the clubhouse and model homes prior to satisfaction of said conditions and any other
applicable conditions, laws, rules, or regulations.
Developer and Builder jointly and severally specifically agree that building permits, per
this agreement, cannot be issued until all noted buildings have a gravel roadway installed
for access to them. Said gravel roadway must remain fully accessible at all times for safe
access. This includes being properly maintained and plowed in the winter. Emergency
personnel must be able to access all buildings at all times.
Developer 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.
Developer and Builder jointly and severally specifically agree that the buildings that this
agreement applies to 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 Developer or
Builder.
Developer and Builder jointly and severally specifically acknowledge that no occupancy
permits for the Club House and/or Buildings #1-5 and 21-23, or any other
dwelling/buildings in The Glen at Muskego Lakes, shall be issued prior to satisfaction of
the conditions stated above and any other applicable conditions, laws, rules, or
regulations.
This Agreement does not alter in any way the conditions of the Developers Agreement
and is incorporated into the Developers Agreement.
The undersigned acknowledge and agree to the above and request that the City of
Muskego issue permits to build the Club House and Buildings #1-5 and 21-23 at The
Glen at Muskego Lakes.
The Glen at Muskego Lakes
Model Home Agreement - Club House & Buildings #1-5 and 21-23
Page 3
DEVELOPER: The Glen at Muskego Lakes LLC.
By:
______________, ______
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before us this day of ___ , 202_, _________, _______ The
Glen at Muskego Lakes LLC., 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: The Glen at Muskego Lakes LLC.
By:
______________, ______
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of ___ , 202_, _________, _______ The
Glen at Muskego Lakes 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
CITY OF MUSKEGO
BY:
Richard R. Petfalski Jr., Mayor
BY: _____
Sharon Mueller, City Clerk-Treasurer
The Glen at Muskego Lakes
Model Home Agreement - Club House & Buildings #1-5 and 21-23
Page 4
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this _____ day of ______________,202_, the above
named Richard R. Petfalski Jr., Mayor, and Sharon Mueller, City Clerk-Treasurer of the
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
_____________, 202_.
_____
Notary Public-State of Wisconsin
My Commission Expires