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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