CCR1988004COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 84-88
APPROVAL OF FINAL PLAT AND SUBDIVIDER‘S AGREEMENT
WOODCREST HEIGHTS - PHASE I
WHEREAS, a Final Plat was submitted on September 30, 1987 for
Phase I of Woodcrest Heights, a 45 lot planned unit development
on the northwest corner of Racine Avenue and Woods Road, and
WHEREAS, the Preliminary Plat for 83 lots was approved in
Resolution #160-87 As Amended on 7/28/87, subject to certain
conditions which have been met, and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Plan Commission and Finance Committee have
recommended approval of the Subdivider’s Agreement subject to
conditions which have now been met.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan
Commission, does hereby approve the Final Plat for Phase I of
Woodcrest Heights, a 45 lot planned unit development, subject
to the approval of the City Engineer and all objecting and
approving agencies; and, receipt of payment of any and all
attorney, engineer, administrative, etc. fees.
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BE IT FURTHER RESOLVED that the Subdivider’s Agreement is
hereby approved subject to approval of the City Attorney.
DATED THIS 1‘2.@, DAY OF , 1988. U
ATTEST:
w- .. IRREVOCABLE STANDBY LETTER OF CREDIT
a- LM mh tm
State Bank Hales Corners
10708 W. Janesville Rd.
Hales Corners, WI 53130
lNlYf UO IOORLSS OF ISSUING BAUU
AMOUNT $740,000.00 NO. 8712 DATE December 4. 1987
TO City of Muskego Muskego, WI 53150 . -
WE HEREBY AUTHORRE YOU TO DRAW ON us FOR THE ACCOUNT OF Klenz-DeBack Partners
UPTO~AGGREG*EAMOUNTOF $740~000.00
We hereby issue this Irrevocable Standby Letter of Credit in your favor (the beneficiary's)
which is available by beneficiary's draft (s) at sight drawn on State Bank Hales Corners.
Hales Corners, Wisconsin. Each draft and accompanying documents must state "Drawn under
State Bank Hales Corners, Hales Corners, WI, Letter of Credit No. 8713.
This Standby Letter of Credit is to provide security to the City of Muskego for the
performance of Klenz-DeBack Partners obligations to complete the construction of all
City of Muskego, property reference currently being Tax Key No. MSKC 2223.991, MSKC
improvements required by subdividers agreement between Klenz-DeBack Partners and the
2223.992, Part of MSKC 2223.993 and Part of MSKC ,2228.994.
Drafts are to be accompanied by a Statement by the Mayor of the City of Muskego stating
that Klenz-DeBack Partners has failed to complete the.construction of all
improvements in accordance with said agreement. Said statement shall Bet forth the
estimated amount necessary for the City of Muskego to complete such improvemente.
SDecial Condition&:
It io hereby agreed by all parties hereto that the reference to "Agreement" is for
identification purposes only and such reference shall not be conatrued in any manner to
SPECIAL INSTRUCTIONS: See Reverse Side
AVAILABLE BY YOUR ORAFflSl AT SIGHT TO BE ACCOMPANIED BY
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ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT.
PARTIAL DRAWINGS PERMll7ED 0 NOT PERMITTED.
NO. 8713 DATED December 4 , 19llL.-
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11W REVISIONI. INTERNATIONAL CHAMBER OF COMMERCE BROCHURE NO. a. WE AGREE WITH YOU TO PAY DRAFTIS1 DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF PRESENTEO AT THIS OFFICE TOG€THER WITH THIS LFITER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON
December 4 ,1987. State Bank Hales Corners
YAM€ or B"
7. Stock No. 11214
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SUBDIVIDER'S AGREEMEW
WOOIXREST HEIGHTS
This agreement, made this 19th day of January , 19118 by and
ktween KLENZ-DEBACK PARTNERS, the "DEVELOPERS", and the CITY
OF MUSKEGO, a municipal corporation of the State of Wisconsin, located in
Waukesha County, hereinafter called the "City".
WITNESSETH
WHEREAS, Developers have submitted for approval by the City a proposed
final plat for WOODCREST HEIGHTS, a residential planned unit subdivision,
a copy of which is attached hereto, made a part hereof and marked Exhibit "A"
(The 'Subdivision') 8 and
WHEREAS, S236.13 of the Wisconsin Statutes provides that as a condition.
of plat approval, the governing body of the City may require that the Developers
make and install certain public improvements reasonably necessary for the
Subdivision and further, may require dedication of public streets, alleys
or other ways within the Subdivision, to be conditioned upon the construction
of said improvements according to municipal specifications without cost to
said municipalityr and
WHEREAS, the City's Engineers have duly approved the Developer's plans
and specifications for Subdivision improvements and the Common Council has
duly approved and authorized the terms and provisions of this agreement and
approved the final plat of Woodcrest Heights,
NOW, THEREFORE, in consideration of the covenants herein contained,
the parties hereto agree as follows:
SECTION 'I, IMPROVEMENTS:
The developers, enti'rely at their expense, shall:
A. Roads, Streets, Sewers and Water: Construct and install Sanitary
sewer and municipal water mains, grade and improve all roads and streets in
accordance with the plat of said Subdivision and the plans and specifications
attached hereto, made a part hereof and marked Exhibit "B", all in accordance
with the City's street specification6.
8. Surface Water Drainage:
1. Construct, install, furnish and provide adequate facilities a6
approved by the City Engineer and Public Works Committee for storm and
surface water drainage throughout the entire Subdivision, in accordance with
the plans and specifications attached hereto, made a part hereof and marked
Exhibit "C".
2. The City shall furnish to 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.
C. Landscaping:
1. Preserve existing trees whereever possible, in the construction of
subdivision improvements.
2. Remove and lawfully dispose of all old barns, outbuildings, destroyed
trees, trunks, brush, shrubs and other similar natural growth and all rubbish.
3. Comply with the City of Muskego Soil Erosion Control Ord. and as per
soil Erosion Control Plan as filed with City Building Insp. for Woodcrest Heights.
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SECTION 11. TIME OF COMPLETION OF IMPROVEMEWS:
The improvements set forth in Section I above shall be campleted by the
Developers in total within twelve (12) months of the date of this agreement
or recording of the final plat, whichever shall come first unless mutally extended.
SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement, Developers
shall, without charge to the City, upon completion of the above described
improvements, unconditionally give, grant, convey and fully dedicate the
roads and streets, sanitary sewer, water system, storm and surface water
drainage facilities to the City, its successors and assigns, forever, free
and clear of all encumbrances, whatever, together with and including, without
limitation because of enumeration, any and all land, buildings, structures,
mains, conduits, pipes, lines plant, machinery, equipment, appurtenances and
hereditaments which may in any way be a part of or pertain to such improvements
and together with any and all necessary easements for access thereto.
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developers shall pay and reimburse the City all fees as required
and at the time specified in ChaHer 10 of its Land Division Ordinance.
SECTION V. MISCELLANEOUS REQUIREMEMI'S:
The Developer shall:
A. Easementsi Provide any easements on Developers 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.
8. Street Signs 6 Lights: Reimburse the City, the cost of all Street
signa, posts and lights 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 and workmanlike manner.
D. Survey Monuments: Properly place and install any survey or other
monuments required by statute or ordinance.
E. Deed Restrictions: Execute and record deed restrictions in the
form attached hereto, made a part hereof and marked Exhibit "D".
F. Grades: Furnish to the Building Inspector of the City a copy of
Exhibit "C" showing the street grade in front of each lot, the yard grade
and the grade'of all four corners of each lot.
G. Street Trees, Berms and Plantings: Construct an earth berm on
Racine Ave. to the rear and/or side of lots abutting Racine Ave, and require
by Deed Restriction street tree plantings in accordance with Res. PC. 72-76.
SECTION VI. GUARAWES:
The Developer shall guarantee the surface water drainage improvments and
other improvements described in Section I. items A, B and C hereof, against
defects due to faulty materials or workmanship provided that such defects
appear within a period of one (1) year from the date of dedication and acceptance.
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' The Developers shall pay for any damages to City resulting from such faulty
materials or workmanship.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, a.ny provisions
of this agreement or documents incorporated herein by reference, Developers
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shall indemnify and save harmless the City, its officers, agents and employees,
and shall defend the sama from and against any and all liability, claims, loss
damages, intereat actions, suits, judgments, costs, expenses, attorneys fees,
and the like to whomsoever 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 Developers' negligent construction or operation of
improvements covered thereby, or its violation of any law or ordinance,
the infringment by it of any patent, trademark, trade name of copyright, and
its use of road improvements prior to their formal dedication and acceptance
by the City.
SECTION VIII. AGREEMEW FOR BENEFIT OF PURCHASERS:
The Developers agree that in addition to the City's rights herein, the
provisions of this agreement shall be for the benefit of the purchaser of any
lot or any interest in any lot or parcel of land in the Subdivision.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developers shall have completed the improvements herein
required, and shall dedicate the same to the City as set forth herein, the
same shall be accepted by the City if said improvements have been completed
as required by this agreement and as required by applicable City Ordinances
and other applicable law and approved by the City Engineers.
SECTION X. CONSTRUCTION PERMITS, ETC.:
1. The City shall, within its authority, issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit Developers
to construct the improvments in accordance with the plans and specifications
called for by this agreement, upon Developers' compliance with any deposit
provisions or regulations or other requirements of applicable ordinances;
and the City shall cooperate with Developers in obtaining similar permits,
resolutions and documents as may be necessary from other authorities having
jurisdiction in the premises.
2. The City shall, as a condition of the Developers executing this
agreement, make available to the Developers or the nominee, successors
or assigns, building permits for the construction of Twenty Two (22) single
family residences, Twenty One (21) two family residences and Forty Eight
(48) multi-family units subject to the provisions of Section XI.
3. City.shal1 also permit Developers to place Two 4 Ft by 8 Ft Signs
advertising said lots for sale, on subject property, Sign shall be valid
for a period of one year and may be renewed upon mutual agreement of City
and Developers for additional 6 month intervals. There shall be no Cost to
the Developer for permits relating to said signs.
SECTION XI. BUILDING AND OCCUPANCY PERMITS:
The TxXveloperrs-(or-the-Developers on behal: of purchasers of lots .. -
from Developers) shall, after the execution of this agreement, be allowed
to apply for, and upon proper application the City shall grant, building
permits for the conetruction of single, two family and multi-family homes
and buildings to be constructed upon such lots in the Subdivision as MY be
selected by the Developers, their nominee's or assigns.
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It is expressly understod and agreed, however, that no occupancy permits
shall be issued for the said homes, until the City's engineers have determined
that (a) the sewer and surface water drainage facilities required to serve
such homes are connected with an operating system as required herein, and (b)
that the City's engineers have approved the condition of the roads then
existing to serve such homes as sufficient to service the traffic reasonably
anticipated during the period prior to the date when the roads must be
completed and dedicated.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances 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. This
agreement and all work and improvements required hereunder shall be performed
and carried out in strict accordance with and subject to the provisions of
said ordinances.
' SECTION XIII. FINANCIAL GUARANTEE:
Prior to the execution of this contract by the City, the Developers shall
file with the City, a letter of credit setting forth terms and conditions
approved by the City Attorney, in the amount of $740,000. as a guarantee
that the required improvements will be completed by the Developers and their
subcontractors no later than (1) year from the date of the recording of
the final plat or the date of this agreement, whichever date comes first, and
as a further guarantee that all obligations to the subcontractors for work
performed on the development are satisfied.
SECTION XIV. PARTIES BOUND:
Developera or their assignees shall be bound by the terms of this
agreement or any part herein as it.applies to any phase of the development
of the subdivision.
IN WITNESS WHEREOF, Developers and City have caused this agreement to
be signed by their appropriate officers and their seals to be hereunto
affixed in duplicate original counterparts on the day and year: first written
above.
DEVELOPERS:
KLENZ-DEBACK PARTNERS
Robert W. Klenz
By:
Harold DeBack - ~
By:
Wayne G. Salentine, Mayor
This instrument was drafted by: Robert W. Klenz
Charlotte L; Stewark,-Clerk
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