CCR1977182RESOLUTION #182-77
APPROVAL OF DEVELOPER'S AGREEMENT FOR
COUNTRY CLUB OAKS 7
WHEREAS, on March 22, 1977, the Common Council of the City
of Muskego adopted Resolution #60-77, approving the final
plat of Country Club Oaks, and
WHEREAS, the developer has submitted a Developer's Agreement
to the Common Council which has been approved by the City
Attorney,
THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby approve of the Developer's
Agreement submitted by the developers of Country Club Oaks.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized to execute the necessary documents in the name
of the city.
DATED THIS q DAY OF -a hbK$$ , 1977.
ATTEST:
/3-g+d City Clerk
.’ SUBDIVIDER’S AGREEMENT
for
COUNTRY CLUB OAKS
THIS AGREEMENT, made this qd day of IC0;t-
between SCOTT F. and DOLORES A. KRAUSE. hereinaftef called the DEVELQPERS. - , 1977, by and
and the CITY OF MUSKECO, a municipal corporation, of the State of Wisconsin,
located in Waukesha County, hereinafter called the CITY,
v
WITNESSETH2
WHEREAS, the Developers will be developing and shall submit to the City
a plat known as “Country Club Oaks”, being a planned unit development approved
by the city, and,
posed final plat for Country Club Oaks subdivision, a copy of which is
attached hereto as Exhibit -, and,
WHEREAS, the Developers have submitted for approval by the City, a pro-
condition of plat approval, the governing body of a municipality within
WHEREAS, Section 236.13 of the Wisconsin Statutes, provides that as a
which the subdivision lies may require that the Developer make and install
any public improvements reasonably necessary for said subdivision, and
further ‘Tay require dedication of public streets, alleys or other ways
conditioned upon the construction of said improvements according to muni-
cipal specifications without cost to the municipality) and,
and specifications for subdivision improvements, and the Common Council has
WHEREAS, the City’s engineers have duly approved the Developer’s plans
duly approved and authorized the term and provisions of this Agreement, and
approved the final plat of Country Club Oaks~
NOW, THEREFORE, in consideration of the covenants herein contained, the
parties hereto agree as follows8 -
SUBDIVIDER’S COVENANTS
SECTION I. IMPROVEMENTS
(12) months from the date hereof shall:
The Developers, entirely at their expense, within a period of twelve
A. Roads and Streets
Grade and improve all roads and streets in Country Club Oaks in accordance
with the plat of said subdivision and the plans and specifications attached
hereto as Exhibit -.
8. Sanitary Sewer
system throughout the entire subdivision all in accordance with the plans,
1. Construct, install, furnish and provide a complete sanitary sewage
specifications, and drawings hereto attached as Exhibit -.
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and elevation of laterals to the lot lines. City will prepare
2. Furnish as built plans of the entire system including
and the expense thereof shall be paid by Developers,
location
as builts
3. The City shall furnish the Developer such permits or easements
install the above described sewage system therein.
as may be required in any public street or property to enter upon and
C. Holding Tank Provisions
In lieu of the installation of sanitary sewer mains, the Developers
may install in Groveway'Lane a holding tank of minimum capacity of 15,600
gallons to serve the five (5) lots in the subdivision. The tank when pro-
perly installed in accordance with the regulations of the State Plumbing :,
Code and approved by the City, shall becom part of the sewage collection
system of City until such time as it is replaced by sanitary sewer mains.
and maintained by the Homeowner's Association as provided in the Articles
of Incorporation of the Country Club Oaks Homeowner's Association, Inc.,
and in accordance with the rules and regulations of the State of Wisconsin
and the City of Muskego, the Homeowner's Association and the Developers
will execute a surety bond in the amount of $5,000.00, in the form to be
approved by the City Attorney, guaranteeing proper maintenance and ser-
expend any sum for the maintenance of said tank or the servicing thereof,
vicing of said tank. In the event it becomes necessary for the City to
the City shall within 30 days of the work performed, bill the Homeowner's
Association for the work therefor and said association shall remit payment
due may be promptly deducted from the bond on deposit with the City. The
thereof within 60 days. In the event payment is not made, then the amunt
Homeowner's Association shall within 60:days therefrom and after notifica-
tion thereof, replenish the amunt of the bond to the amunt of $5,000.00.
During the time that the tank is in operation it shall be serviced
-.
maintained to the amount of $5,000.00 or charges billed by the City
to the Homeowner's Association or the Developers have not been paid,
the amounts shall be pl5ced on the tax roll against each individual
shall be collected along with the regular real estate tax bill.
lot in the subdivision on a pro-rata basis as a special charge and
In the event :hat by November 1 of each year said bond is not
option of the City, the holding tank will be replaced by the installation
of sanitary sewer mains in the street, to which the individual lot owners
will then connect. The cost of installation and incidental expenses thereof
will be subject to the special assessment policy of the City at the time of
installation.
D. Water
In the event the Developers or the Homeowner's Association decide to
At such time as the City determines it necessary, and at the
construct a community Water system, the following special shall apply,
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be approved by the City Engineer.
1. Developer shall construct, install, furnish and provide plans to
2. upon completion, furnish and provide the City with a complete
summary of the actual construction costs for such system of water supply
and distribution broken down in sufficient detail to satisfy the require-
ments of the Public Service Commission of the State of Wisconsin in
establishing or revising a rate base.
3. Furnish as built plans of the entire system, including hydrant
and valve locations, and location and elevation of laterals to lot liner.
City will prepare as builts and the expense thereof shall be paid by
Developers.
4. Furnish well test date and other information required by the
State Board of Health, the Public Service Commission and the City.
5. The City shall furnish the Devel oper such permits or easements
as may be required in any public street or property to enter upon and
install the above described water system therein.
E. Surface Water Drainage
. 1. Construct, install, furnish and provide adequate facilities as
approved by the City Engineer and Public Works Committee for storm and
with the plans specifications attached hereto as Exhibit -. surface water drainage throughout the entire subdivision, in accordance
2. The City shall furnish the Developers such permits or easements
as may be required in any public street or property to enter upon and
install the above described surface water drainage system.
F. Landscaping, etc.
1. Preserve existing trees, wherever possible, in the installation
of subdivision improvements.
2. Developer shall provide for the planting of street trees adjoining
shall be approved by the Plan Commission in accordance with Section 18.16
roadways and other plantings along pedestrian or other areas, which plantings
(101 of the Municipal Code.
G. Financial Guarantee
If the aforesaid facilities and improvements have not been fully in-
stalled at the time the plat is submitted for final approval, the subdivider
shall file with the city Treasurer. or his deputy, or other designated agent,
a surety bond executed by the subdivider as principal and a responsible bond-
ing company duly licensed and authorized to do business in the State of
Wisconsin as surety, payable to the city, and conditioned upon the faithful
performance and payment of any and all work to be performed by the subdivider
pursuant to this paragraph or other satisfactory financial guarantee for this
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purpose. Such bond or other financial guarantee shall be approved by the
City Attorney and shall be of an amunt determined by the City Engineer
to amply cover the cost of completing said facilities and improvements.
H. Open Space Agreement and Declaration of Restrictions
Prior to or simultaneously with the recordation of the plat of the Sub-
division, the Owners shall execute and record an Open Space Agreement and
Declaration of Restrictions, and shall cause to be organized as a nonstcck..
Wicsonsin corporation, a homes:hssociation in accordance with the Articles
of Incorporation and bylaws, all of which instruments shall be in the form
previously submitted to the City.
SECTION II. DEDICATION
shall, without charge to the City, upon completion of all of the above des-
Subject to all of the other provisions of this Agreement, Developers
cribed improvements, unconditionally give, grant, convey, and fully dedicate
all encumbrances whatever, together with and including, without limitation
the sane to the City, its successors and assigns, forever, free and clear of
because of enumeration, and all land, buildings, structures, mains, conduits,
pipes, lines plant, machinery, equipment appurtenances and hereditaments which
rzy in any way be a part of or pertrin to such in?provemnts and together with
any and all necessary easements for access thereto.
SECTION III. MISCELLANEOUS REQUIREHENTS
The Developers shall,
A. Easements
Provide easements as required on Developer's land for sewer, water
or storm sewer mains and streets.
B. Street Signs
Reimburse the City for the cost of all street signs and posts and
-.
the cost of their installation.
C. Manner of Performance
Cause all construction called for by this dgreemnt to be carried
out and performed in a good and workmanlike manner.
D. Survey Monuments
Properly place and install all survey or other monuments required by
statute or ordinance.
E. Deed Restrictions
Execute and record deed restrictions in the form attached hereto as
Exhibit -
F. Grade
Furnish to the Building Inspector of the City a copy of Exhibit -
for each lot.
showing the street grade in front of each lot and the recommended yard grade
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SECTION IV. SEWER AND WATER CUARRNTY
The Developers shall guarantee the sanitary sewer, and surface water
drainage improvements described in Section I, items c,d, and e, hereof,
against defects due to faulty materials or workmenship which shall pay
for any damages resulting therefrom to City property.
SECTION V. GENERAL INDEMNITY
In addition to , and not to the exclusion or prejudice of, any pro-
Developers shall indemnify and save harmless the City, its officers, agents
visions of this Agreement or documents incorporated herein by reference,
and employees, and shall defend the same, from and against any and all
liability, claims, loss, damage, interest actions, suits, judgments,
costs , expenses, attorney's fees, and the like to whomso;?ver owed and
by whomsoever and whenever brought or obtained, which may in any manner
result from or arise in the course of, out of, or as a result of the
negligent performance of this Agreement, the negligent construction or
operation of improvements covered thereby, the violation of any law or
ordinance, the infringement of any patent, trademark, trade nam or
copyright, and the use of road improvements prior to their formal dedi-
cation to the City as provided in Section 11 hereof.
notice, and opportunity to defend, has been given to the Developers of the
pendency of the suit within ten (10) days after its comncement, the judg-
ment shall be conclusive upon the Developers not only as to the amunt of
damages, but also as to its liability to the City.
In every such case, where judgment is recovered against the City, if
CITY'S COVENANTS
SECTION VI. GENERAL CONDITIONS AND REGULATIONS
All the provisions of the City's subdivision ordinances, highway and
street ordinances, and land division ordinances, not inconsistent with or
in conflict with any of the provisions of this Agreement, are incorporated
herein by reference, and all such provisions shall bind the parties hereto
and be a part of this Agreement as fully as if set forth at length herein.
performed and carried out in strict.accordance with and subject .to the
This Agreement and all work and improvements required hereunder shall be
provisions of said ordinances.
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SECTION VII. PARTIES BOUND
Developers or their assignees shall be bound by the terms of this
Agreement or any part herein as it applies to any phase of the subdivision.
IN WITNESS WHEREOF, the Developers and City have caused this
Agreement to be signed by the appropriate individuals and officers
parts the day and year first above written.
and their seals to be hereunto affixed in duplicate original counter-
Dolores A. Krause
CITY OF HUSKEGO
Jerome J. Gottfried, Mayor
I,
Bette J. Bowyer, flerk