CCR1987136I-
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1136-87
APPROVAL OF SUBDIVIDER'S AGREEMENT
WILLOW POND
RE IT RESOLVED that the Common Council
upon the recommendation of the Finance
approve the Subdivider's Agreement for
development, subject to compliance with
recommendations of June 16, 1987, and
request that the road reservation
DATED THIS DAY OF ,/ , 1987.
ANCE COMMITTEE
. Mitchel Penovich
/
ATTEST: /
City Clerk
6/87
/
jm /
June 16, 1987
Mr. Gerald P. Lee
CITY OF MUSKEG0
Building Inspector
P. 0. Box 903
Muskego, WI 53150
I Re: Willow Pond Development
Dear Gerry:
On June 15, 1987 I received and made a general review of the proposed
Agreement in the above matter. After our discussion of the same, I have
the following general comments concerning possible changes: 0 1.
2.
3.
4.
5.
the engineer, I think it should be. I also believe that the
If said Agreement has not been reviewed by both the planner and
sewer and water aspects should be reviewed by the appropriate
committees.
It appears that the road, sewer, water lines and any other
public improvements should be dedicated to the City using the
wording used in our subdivision Developer's Agreements, which
should be provided to the developer. These public improvements,
apparently, include a road, sewer and water mains and possibly
other improvements. There should also be a financial guarantee
similar to those provided for under the Developer's Agreement
'and ordinance.
Page 2, the top paragraph refers to this Agreement modifying
City ordinances. It is not my understanding that this type of
agreement would do that.
be submitted. I would assume that that would be attached to
Paragraph D on Page 3 refers to when certain detailed plans will
this Agreement before it would be approved.
Paragraph E on Page 3 makes reference to certain "reservations".
7.
0.
L.", OFFICE5 OF
ARENZ, MOLTER, MACY h RIFFLE
I would presume it should refer to dedications.
think there should be outside completion dates similar to those
Paragraph F on Page 4 refers to projected completion. I would
used in subdivision agreements.
Section 11 and I11 refer to water and sewer. The mains should
be dedicated and the appropriate committees and engineers should
review these provisions.
Section VI, Paragraph C on Page 7 should specifically include
all of the fees used in subdivision agreements.
Sincerely,
AB-JHZ, MOLTER, MACY 6 RIFFLE, S.C.
Donald S. Molter, Jr.
t. .
DSM/pw
cc: Mayor Xayne Salentine
SUBDIVIDER'S AGREEMENT
This agreement, made this day of 198
, the "Developer", and the CITY OF
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by and between
MUSKEGO, a municipal corporation of the State of Wisconsin,
located in Waukefha County, hereinafter called the "City".
""
KITNESSETH
WHEREAS, Developer has submitted for approval by the City a
proposed final plat for , , a residential
subdivision, a copy of which is attached hereto, made a part
hereof and marked Exhibit "A" (the "Subdivision"); and
YHEREAS, 5236.13 of tne Wisconsin Statutes provides that as
a condition of plat approval. :he governing body of the City may
require that the Developer ~eie and install certain public
improvements reasonably necessary for the Subdivision and
further, may require dedication of public streets, alleys or
other vays vithin the Subdivision, to be conditioned upon the
consrruction of said improveaents according tc municipal
specifications wi:hout cos: :o said municipality; and
YHEREAS, tne City's Engineers have duly approved the
Developer's plans and specifications for Subdivision improvement
and the Common Council has duly approved and auihorized the terms
and provisions of this agreement and approved :he rlnal plat of _.
Noh', THEREFORE, in cocsideration of the covenant5 herein
contained, the parties hereto ~gree as foliovs:
SECTIOK I. IHPROVEYEKTS :
The Developer, entirely a: irs expense, shall:
A. Roads and Streets: Crade and improve a?; roads and
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streets in accordance with the plat of said Subdivision and the
placs and specifications attached hereto, made a part hereof and
marked Exhibit "8". all in accordance vith the City's street
specifications.
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B. Surface Water Drai-aee:
I. Construct, insrall, furnish and provide adequate
Eaci1i:ies as approved by :ne Ci:y Engineer and Public Works
Committee for storm and surface vater drainage throughout the
entire subdivision. in accordance vith the plans and
specifications attached hereto, made a part hereof and marked
Exhibit "C".
2. The City shall furnish to the Developer such permits
or easements as may be required in any public street or property
to enter upon and install the above described surface vater
drainage system.
C. Landsc9ing: "" "
1. Preserve existing trees, vherever possible, in the
construction of Subdivision improvements.
2. Remove and lavfully dispose of all old barns,
outbuildings, des:roped trees, brush, tree :runks, shrubs and
other si~ilar natural grovtn and all rubbish.
SECTLCK 11. TIME OF COE*.PLE?lOh' OF IFPROVEMENTS:
?he inprcvemenrs set forrh in Section I above shall be
completed by ::le Developer in total vitnin twelve (12) months of
the dare of this agreement or recording of the final plat,
vhichever da:e comes first.;
"_
0 SECTIOK 11;. DEDICATION:
Subject to all of the other provisions of this agree'ment,
Developer shall, virnour charge to the City, upon completion of
the above descrijel improvenents, uncondi!ionallp give, grant.
convey and fully decicate the roads and streezs, storm and
surface vater Grainage facilities to the City, i:s successors and
assigns, forevcr, free and clear of all encumbrances uha:ever,
tcgether vitn ana icrluding, vithout limitation because of
enumeration, any an: ail laxd, buildings, structures, mains,
conduits, pirer , 1iy.e~ pian: ~ ~achinery, equipmer.:, appurtenances
and heredi:aments vhich map ir. any way be a part of or pertain to
such improvemenrs and together vith any and all necessary
easexents for access thereto.
SECTIOh' I\'. IKSPECTIONS AND A.DMIRISTRATIOF FEES:
The Developer sna:: pay and reimburse the City all fees as
required and a: :he tiaes specified it? 510 of its Land Division
Ordinance.
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a SECTION V. MISCELLANEOUS ~ REQUIREMENTS:
The Developer shall:
A. Easements: Provide any easements on Developer's land
deemed necessary by the City Engineers before the final plat is
signed, provided such easements are so located as not to render
any lot unbuildable or unsaleable.
B. Street Signs: - Reimburse the City for the cost of all
street signs and posts and the cost of their installation, this
to include all traffic signs.
C. Manner of Performance: Cause all construction called - - "" _" - "_
for by this agreement to be carried out and performed in a good
ana vorkmanlike mznner
D. Survev Yocuments: Properly place and ins:a!l any
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survey or other monuments required by statute or ordinance.
E. Deed Restrictions: Execute and record deed
res~ric:ions in the fore: attached hereto, made a part hereof and
marked Exhibit "D".
F. Grades: Furnish LO the Building Icspector of the City
a copy of Exhibit "A" snoving the street grade in front of each
lot, the yard grade and the grade of all four corners of each
lot.
e
SECTION VZ. GCAKANTEES:
The Developer shall guarantee the surface vater drainage
improvements ana @:her improvements described ir. Section I, items
A, E ana C hereof, against defects due to faul:? materials or
uorZmanship providec tha: such defects appear ~i:hin a period of
one (ij year from cne da:e of dedi:ation and aczeptance. The
Developer snal: pay for zn? dar;ages to City prc?erty resulting
from such faulty ma:erials or workmanship.
SECTION VII. GENERPL IIJDEMNITY:
In addi:ion io, and not LO the exclusion cr prejudice of,
any provisions of this agreemen: or documents incorporated herein
by reference, Develope: snall indemnify and save harmless the
City, its officers, ageo:s anc employees, and shall defend the
0 same from and agains: any and all liability, ciaims, loss
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0 damages, interest actions, suits, judgments, costs, expenses,
attorney's fees, and the like to vhomsoever owed and by
vhomsoever and whenever brought or obtained, vhich may in any
manner result from or arise in the course of, out of, or as a
result of the Developer's negligent construction or operation of
improvements covered thereby, or its violation of any lav or
name
I thei
ordinance, the infringement by it of any patent, trademark, trade
or copyright, and its use of road improvements prior to
here
r formal dedication and acceptance to the City.
SECTION VIII. AGREEYENT FOR BENEFIT OF PURCHASERS:
The Developer agrees tha: in addition to the City's rights
in, the provisions of :nis agreement shall be for the benefit
of the purchaser of any lo: or any interest in any lot or parcel
of land in the Subdivision.
SECTiOK IX. ACCEPTANCE OF WORK AND DEDICATION:
AS and vhen the Eeveloper shall have completed the
improvcments herein reqcirei, and shall dedi:ate the same to the
City as set forth hereic, tne same shall be accepted by The City
-- said improvements have Seen completed as required by this
agreement and as required 5, applicable City ordinances and other
app?icable lav ana a?croveo by :he City Engineers.
0 i:
SECTION X. CONSTRUCTIOK ?ERMITS ETC.:
1. Tne City snal?, vithin its authority, issue such
permits, adopt such resolu:ions, and execu:e such documents as
~ay 3e necessary :o permit Developer to construct the
:mprovements ir! accordan:e vith plans an2 specifications called
for 5, this agr?emen:, upor; Ceveloper's compliance vith any
zeposi: provisions or o:her reaciremencs of tne applicable
srcinances or regulations; and tne City shal; cooperate vitb
3eveloper in obtaining similar permits, resolutions and documents
as may be necessary .from other authorities having jurisdiction in
:ne premises.
2. The Ci:y shall, as a condition of the Developer
executing this agreemen:, ~ake available to the Developer or its
0 nominee successors or assigns, building permits for the
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construction
the provisio
of single family residences subject to
ns of Section XI.
SECTION XI. BUILDING AND OCCUPANCY PERMITS:
The Developer shall be alloved to construct no more than two
(2) model homes. It is expressly understood and agreed that no
building permits shall be issued, nor shall any occupancy permits
be issued either for the said model homes, or any other homes,
until the City's Engineers have determined that:
A. The sever and surface water drainage facilities required
to serve such homes are connected vith an operating system as
required herein, and
B. Thar the City's Engineers have approved :he condition of
the roads then existing to serve such homes as sufficient to
service the :raffic reasonab!!: anticipa:ed during the period
prior to tie date vhen the roads mu6: be completed an? dedicated.
SECTION XI:. GENERAL COKDITIONS AND REGULATIONS:
All the provisions of :he City's ordinances are incorporated
herein by reference, and all such provision: shali bind the
parties hereto and be a parc of this agreement as fully as if set
forth af length herein. This agreement and all vork and
improvements required hereunce: shall be performed ant carried
out in strict accordance vi:n s2d subject to the provisions of
said ordinances.
- SECTION XII:. FINANCIAL G'JARANTEE:
Prior to execution of :his contract by rhe City, :he
Develope: shal! file vith the City a 1et:er of credic setting
forch terms and conditions appr~ved by the City httorioy in the
amoun: of ,C a: a gcara-tee tha: the required
improvemenrs vi11 be complete6 5y the Developer and his
subcontractors no later :ha: one (1) year from the date of the
recording of the final plat or :he date of the agreement,
vtiichever dete comes first, an@ as a further guarantee that all
obligations to the suDconcrac:ors for work on the development are
sarisfied.
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SECTION XIV. PARTIES BOL'ND:
Developer OK its assignees shall be bound by the terms of
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this agreement or any part herein as it applies to any phase of
the development of the Subdivision.
IN WITNESS WHEREOF, Developer and City have caused this
agreement to be signed by their appropriate officers and their
seal5 to be hereunto affixed in duplicate original counterparts
on the day and year first vritten above.
DEVELOPER CITY OF HUSKEGO
By:
WAYNE G. SALENTINE, Mayor
By:
CHARLOTTE L. STEWART, Clerk
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