CCR1972178.-. '\
APPROVAL OF DEVELOPER'S AGREEMENT FOR
HALEYPARK MEADOWS SUBDIVISION
~ * WHEREAS, Mr. Jack L. LaBonte. owner of Hale Park Meadows Subdivision
has submitted for final approval, the plat of Hale Park Meadows Subdivision,
and such final plat was approved by this Council by Resolution #348-72 on
August 8, 1972, subject only to subsequent approval by this Council of the
Development Agreement; and
WXEREAS. it is necessary to approve the Development Agreement between
Jack L. LaRonte, Owner. and the City of Muskego beiore signing of the final
plat; and
WHEREAS, the Developer's Agreement includes instruments supplemental
thereto including an Open Space Agreement and Declaration of Restrictions:
and
WHEREAS, it is necessary to have the City Attorney approve these documents,
THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve of the Developer's Agreement entitled "Sub-
division Agreement" and appended hereto as Exhibit A and incorporated
herein, as well as the instruments supplemental thereto, including an Open
Space Agreement and Declaration of Restrictions. subject to approval by the
City Attorney.
BE IT FURTHER RESOLVED that the Mayor and City Clerk may execute,
in the name of the city, the necessary documents including such modifications
and corrections as may be found by the City Attorney.
(I U
Bette Bower
Exhibit A
to Resolution No. /7f-?L . ........
SUBDIVISION AGREEMENT
*.
For Hale Park Meadows
THIS AGREEMENT, made this day of August, 1972, between the CITY OF
MUSKEGO, Waukesha County, Wisconsin, a municipal corporation (the “City”), and
JACK L. LaBONTE, as Owner of certain lands situated in the City dcscnbed in a final
plat approved by the Common Council of the City on July 25 , 1972 for a residential
subdivision to be known as “Hale Park Meadows” (the “Subdivision”);
WHEREAS, Owner believes that the attractiveness and marketability of lots in the
Subdivision depend upon a careful coordination of the quality and price of the services
to be rendered to the residents thereof; and
WHEREAS, pursuant to Section 236.13 (2) of the Wisconsin Statutes and the
Subdivision and Platting Ordinance of the City, the City has determined, as a condition
to its approval of the fmal plat of the Subdivision, that the subdivider shall make and
install, or have made and have installed, the public improvements described in Section 2
hereof; and
WHEREAS, the City believes that the orderly, planned development of the lands
included in the Subdivision with installation of the improvements listed in Section 2 of
this Agreernent best ,promote the health, szfety 2nd geperz! wdfare of the ccm?xnity,
but the policies and general public works budget of the City do not include provision for
payment for such improvements out of general funds of the City; and the City is
therefore willing to proceed with the installation of certain of such improvements as
public work, provided that the cost thereof is defrayed through special assessments upon
the lots in the Subdivision benefited thereby, and the City is willing to make such special
assessments payable in annual installments, provided that funds will be available through
the issuancc of Special Assessment B Bonds pursuant to Section 66.54 (10) of the
Wisconsin Statutes to cover the cost of such public work.
M!\V, TI-EREFORE, the City and Owner agree as follows:
I. I’bi<lt to or simultaneously with the recordation of the plat of the Subdivision;
Gy;j;t:r :~!vIl csccutc and record an Open Space Agrement and Declaration of
F,.sII~,.:~(..)P;, :II~ shall cause to be organized as a nonstock Wisconsin corporation Hale Park
hlc;~tlows Ilumes Association, Inc. in accordance with Articlcs of Incorporation and
Uylaws, all ol’ wluch instnments shall be in the form previously submitted to the.City.
2. Owner, at his expense, shall cause ensneering plans and specifications to be
prepared by Mctropolitan Survey Scrvice and furnished to tllc City, for the installation a ’ and construction of a community well, water mains, sanitary scwer mains, sewer and
water laterals, storm scwcrs and storm sewcr inlets, surface water drainage facilities, and the
gading and installation or road basc and paving of streets to scrvc all of thc lots in the
Subdivision.
a 3. Upon approval by the Cily of such engineering phns and specilicalions, as
submitted or thcrcaftcr rcviscd to mect rcquirelncnts of the City’
(a) Devcloper, at his sole expense, shall causc sllcll water facilities to be
installed in accordance with such plans and specifications; and
(b) As to all of the other public improvements described in paragaph 2
abovc (the “Pubtic Work”), thc City shall advertise, take bids and award a general
contract for the construction and installation of such Public Work in accordance
with its standzrd cn~neering and public works practices and the applicable
statutes of the State of Wisconsin.
4. The City agrees that the cost of the Public Work shall be financed by a levy of
special assessments against the platted building sites in the Subdivision,, and agees to
issue Special Assessment B Bonds based upon such assessments, either to the general
contractor in payment for the Public Work, or to a commercial bank pursuant to a
written commitment for the purchase tllcreof furnished by Owner, as the City may elect.
Owner agrees to reimburse the City for its out-of-pocket expenses incurrcd in connection
with such levy of special assessments and issuance of B Bonds, including thc cost of
publication of legal notices, fees and disbursements of its legal counsel and any other
out-af-pocket expenses reasonably incurred by it, but not inchding any allocation for
time of its salaried personnel. In addition, the Owner agrees to pay to the City as
reimbursement for its administrative costs in handling the issuance of B Bonds, the
maintenance of a sinking fund therefor, and handling the payments and prepayments
upon such B Bonds the sum of $5.00 for each bond, payable when the bond is issued.
5. To the extent the same are not included in the costs payable by the general
contractor for the Public Work, the City shall bill to Owner, who shall promptly pay, all
cost incurred by the City for inspection of the construction of the Improvements.
6. The following special provisions shall apply to the well, water mains and water
laterals to be installed by Owner pursuant to paragraph 2 above (the “Water Facilities”):
(a) If and to the extent necessary, the City shall grant a franchise to
Owner, or to Hale Park Meadows Homcs Association, Inc.. as his stlccessor in title
to the Water Facilities, or to a trust which shall hold legl litle to said facilities
for the benefit of all owners of lots within the Subdivision, to operate a private
ulilily to serve the Subdivision, provided, however, that the rates and service
I~IYIYS of SIICII utility shall be formulated so as not to rccoup, or produce any
I: ~~II:I upon, the initial capital cost of installing the \V:lter F4cilities.
(11) ’l‘he City shall have an indefinite option to require transfer of the
\V:~iir Facilities without consideration from Owner or ifs successors in title
tlle:l.cto as of the end of any cdcndar month, tlpon at least thirty days’ prior
written notice to the public owner of any municipal, intemlunicipnl, or
mctropolitan water systcm which may hereafter be established by the City of
hluskcgo, either nlonz or in cooperation wit11 other municipalities or any stirtutory
w3tcr district, provided, however, that such option shall telminntc if. prior to its
excrcisc, and with the consent of lhc City of hluskczo, ownership of si!id \V:ltcr
Facilitics shall II:IVC becn Iransfcrrcd to a privately owned public utility, the
procccds from such sale hJvin:, bxn di\,ided amon:: x11 of tllc thcn lot owners.
(c) Thc City grants lo O\vwr, and to his succcssors in lillc to ll~c \V:llcr
‘, -2-
Fncl!itics, a perpctca! ri$t and czsemcnt uxlcr all dcdicn:cd public strcets in thc
Subdivision for thc instdlation, maintcnancc and repair of the Water Facilities.
Owner, or his successors in title to the Watcr Facilitics, in connection with any
such maintenance and repair work, shall erect suitable, lightcd banicades; shall
repair, restore and rebuild as neccssary all streets and other public improvcments
locatcd in dcdicatcd strcets which may be opcned, damaged or removed in
performing such work; and shall indcmnify the City and hold it harmless against
all loss, damage, claims and expense to or by any third party as a result of any
such work performed within the right-of-way of a public street.
(d) The City at all times shall have the right to draw water from said
system through the tire hydrants provided therefor for fire-fighting purposes in
connection with the lots served by the water system without charge to such
municipality.
7. The following special provisions shall apply.
(a) All laterals shall be installed before street surfacing is commenced.
(b) Any underground work to be performed in public streets for the
Water Facilities or by public utilities shall be completed before street surfacing.
(c) Easements shall be provided by Owner for the use of the Wisconsin
Electric Power Company and the Wisconsin Telephone Company at the rear lot
lines for the provision of services.
(d) The Public Work and Water Facilities shall be installed in strict
accordance with the requirements and specifications of the City of hluskego, and
the City Engineer or his authorized representative, or as directed by said City
Engineer; and shall be under and subject to continuous inspection by the City
Engineer or his representatives.
(f) The Owncr shall pay a fee of $.20 per lineal foot of open drainage
swales, such fees to be payable with rcspect to cnch such drainage swale within 30
days after thc general contractor has bccn paid by the City for the seeding of tht
drainage swalc.
I
a
(S) Oivner shall not be relieved or discharged of his obligations under this
Agcxncnt for installation of any improvcntents which arc not being pcrfomed as
public work until final inspection and approval of all Improvcrnents 113s been
given by the City Engineer in writing.
8. 1Ie Owner acknowlcdgzs that the Common Council of the City of Muskego
on November 18, 1971, by Resolution No. 220-71, resolved to establish guidelines for
considering proposed dcvclopments, including a guidcline to the effect that:
"NI developments, except those on city-owned propzrty, will be limited
to 65% of the permitted density as establislled by the Zoning Ordinancc."
The Owner lurther acknowled~es that the City has applied tlus guideline to preclude
present devclop~nent of 35% of Hale Park Meadows Subdivision. The Owner
resewes the ri$t to seek reconsideration of this determination at any time after
November 18, 1973. The City reaffirms that it will diligently investigate the
possibilities of expanding the capacity of its sewerage treatment facilities and take
whatever action is necessary, within good planning concepts and economic feasibility,
to provide adequate sewerage treatment facilities.
e
9. This Agreement shall be binding upon and inure to the benefit of the heirs,
personal representatives and assigns of Owner and the City and its successors.
IN WITNESS WHEREOF, the duly authorized officials of the City of Muskego
and the Owner have hereunto set their hands.
FOR THE COMMON COUNCIL OWNER
..........................................................................................................................................
Jerome J. Gottfried, Mayor Jack L. LaBonte e ..................................................................
Ilette J. Bowyer, City Clerk