CCR19892100
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #21U-89
APPKOVAL OF SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT /
(Carl Gratzek)
WHEREAS, the Subdivider's Agreement has been submitted for the
Carl Gratzek property, and
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT KESOLVLD that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Letter of Credit as attached, subject to the approval of the
Committee, does hereby approve the Subdivider's Agreement and
City Attorney.
DATED THIS DAY OF , 1989.
/!
FINANCE COMMITTEE
/
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
i Ald. Harold L. Sanders
ATTEST :
SUBDIVIDERS AGREEMENT
This agreement. made this 4th day Of *ugU'st , 19-. by and
between Iocb I..L~,.I.~..C.~I o. cr.cd. ~d J.... hhl..,,, the "Developers". and the
City of Muskego. a municipal coiporation of the State of Wisconsin. located
in Waukesha County. hereinafter called he "City'.
89
WITNESSETH
proposed Certified Survey Maps which together comprise Valley Square. a
WHEREAS, Developers have submitted for approval by the Citf IWO
residential land division. Copies of said Certified Survey Maps are attached
hereto as Exhibits A-I and A-2, and made a pan hereof.
The lands set fonh on the attached Exhibits A-1 and A-2
the land division set forth on said Certifccd Survey Maps does not fall within
are hereinafter referred to as the "Subdivision". notwithstanding the fact that
the definition of 1 eubdivision as defined in - Chap. 236 of the Wisconsin
Statutes.
WHEREAS, as a conditioh of the Certified Survey .Map approval, the City
of Muskego' has required that the Developers make- and install. certain public
improvements reasonably necessary for the Subdivision; and further. has
required dedication of public streets. alleys or other ways within the
Subdivision, conditioned upon the construction of said improvements
according to municipal specifications. without cost to tlie~ City of Muskego; and
WHEREAS, the City's Engineers have duly. approved the Developers~'
plans and specifications for Subdivision improvement and the Common 0 Council has duly approved and authorized~ the terms and provisions of this
agreemen1 and approved the final Certified Surv~y Maps- of Valley .Square:
NOW. THEREFORE, in consideration of the c.ovenants herein contained.
the parties hereto agree as follows:
ON I. 1>7PROVE\W
The Developers, entirely at their expense, shall:
A. -: Grade and improve all roads and streets in
accordance with he Certified Survey Maps of said Subdivision
and he plans and specifications attached hereto. made a part
hereof and marked Exhibit -B-, all in accordance will! the city's
street specifications.
B. e Water Drm
1,
as approved by the City engjneer and Public Works Committee for
Construct. install. furnish and provide adequate facilities
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.
easements as may be requird in any public street or property IO
The City shall furnish to the Developers such permits Or
1
enter upon and install the above described surface water
drainage system.
C arv $ewer: Constmct. install, furnish and provide a
complete sanitary sewage collection system throughout the
entire Subdivision, all in accordance with the plans,
specifications and drawings attached hereto as Exhibit "D". The
cost of preparation of as built plans shall be pald by the
Developers.
D.
1. Preserve existing trees. wherever possible, in the
construction of Subdivision improvements.
2. Remove and lawfully dispose of all old barns,
outbuildings. destroyed trees. brush tree trunks, shrubs
and other similar natural growth and all rubbish.
3. The Developers shall plant street trees in accordance
Resolution No. P~ 72-76. In lieu of the bond required by
with Sec. 8.13 of the Muskego Land Division Ordinance and.
said ordinance and resolution, Developers may provide the
City with a letter of guarantee from the nursery or
landscaping firm who will be providing the trees
guaranteeing that be trees will survive for a period of
eighteen months from date of planting, and that any tree
which does not so survive will be replaced.
SECTION n. TI\E OF CmTION OF IMPROV-:
developers in total wilhin twelve (12) months of lhe date of this agreement or
The improvements set forth in Section I above shall be completed by the
recording of the first final Certified Survey Maps, whichever date comes first.
-:
shall. without charge to the City, upon completion of the above described
Subject to all of the other provisions of this agreement, Developers
improvements. unconditionally give, grant, convey and fully dedicate the
roads and streets. stom and sanitary sewer lines, and surface water drainage
facilities to the City. iu 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. pipe lines plant, machinery, equipment appurtenances and
hcreditaments which may in any way be a pan of or pertain to such
improvements and together with any and all necessary easements for access
thereto.
SECTION IV. IYSP- AND -FEES:
The Developers shall pay and reimburse the City all fees as required and
11 the times specified in Section IO of its Land Division Ordinance.
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V. MIS-ENTS:
The Developer‘s shall:
A. Easements: Provide any easements on Developers’ land deemed
necessary by the City Engineers before the final Certified Survey
Maps are signed, provided such easements are so located as not to
render any lot unbuildable or unsaleable.
8. of Perfor-: Cause all construction called for by
this agreement to be carried out and performed in a good and
workmanlike manner.
C bvev Monuments: Properly place and install any survey or
other monuments required by statute or ordinance.
D. w: Furnish to the Building Inspector of the City a copies of
Exhibit A-1 and A-2 showing the street grade in front of each lot.
the yard gade of the grade of all four comers of each lot.
.E. -: Restrict lots so .that no fence, wall, hedge, or
Two (2) and Six (6) feet above the roadways shall be placed or
shrub planting which obstructs sight lines at elevations between
permitted to remain on my corner lot within the triangular area
formed by the street property lines and a line connecting them at
points twenty-five (25) feet from the intersection of the street
lines. or in the case of a rounded property comer, from the
intersection of the street property lines extended.
0 -:
improvements and other improvements described in Section I. items A, B and C
The Developers shall guarantee the surface water drainage
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. The Developers shall pay for any damages to City property
resulting from such faulty materials or workmanship. The guarantee shall
not be a bar to any action the City might have for negligent workmanship or
materials. Wisconsin law on negligence shall govern such situation.
v11. GI?-.-:
In addition to. and not to the exclusion or prejudice of, any provisions of
this agreement or documents incorporated herein by reference, Developers
shall indemnify and save harmless the City. its officers, agents and employees,
and shall defend the same from and against any and all liability, claims. loss.
damages, interest actions. suits. judgments. costs, expenses, attorney’s 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 Devclopcrs’s negligent construction or operation of
infringement by it of any patent. trademark. trade name or copywrite. and its improvements covered thereby, or its violation of any law or ordinance, the
use of road improvements prior to their formal dedication and acceptance by
0 the Ciry
3
ENT FOR BE-:
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.
:
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. EBOsroN CONTELPLAN AND PERMIT:
disturbing permit and an erosion control plan in accordance with the.
The Developers shall submit to the City an application for a land
requirements of Section 29.06 of the City's Erosion Control Ordinance (Ord.
#560).
Xl. CON-:
1. The City shall, wilhin iu authority. issue such permits. adopt such
resolutions. and execute such documents as may be necessary to permit
Developers to construct the improvements in accordance with plans and
specifications called for by this agreement. upon Developers' compliance with
any deposit provisions or other requirements of the applicable ordinances or
permits. resolutions and documents as may be necessary from other
regulations; and the City shall cooperate with Developers in obtaining similar
authorities having jurisdiction in the premises.
agreemenl. make available to the Developers or its nominee successors or
2. The City shall, as a condition of the Developers executing this
assigns. building permits for the construction of single family residences
subject to the provisions of section XII.
-1YVC; AND OCCJ.&lNCY PERMITS:
homes. It is expressly understood and agreed that no building permits shall be
The Developers shall be allowed to construct no more than two (2) model
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 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
date when the roads must be completed and dedicatcd.
the traffic reasonably anticipated during the period prior to the
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All the provisions of the City's ordinances are incorporated herein by
of this agreement as fully as if set fonh at length herein. This agreement and
reference, and all such provisions shall bind the parties hereto and be a pan
carried out in strict accordance with and subject to the provisions of said
all work and improvements required hereunder shall be performed and
ordinances.
XIV. FIN-:
Prior to execution of this contract by the City. the Developers shall file
the City Attorney in the amount of $55,000.00 as a guarantee that the required
with the City a letter of credit setting fonh terms and conditions approved by
improvements will be completed by the Developers and his subcontractors no
later than one (1) year from the date of the recording of the first final
Certified Survey Map or the date of the agreement. whichever date comes first.
on the development are satisfied.
and as a further guarantee that all obligations to the subcontractors for work
xv. PmTm Rm:
agreement or any pan herein as it applies to any phase of the development of Developers or their assignees shall be bound by the terms of this
the Subdivision; the Developers are jointly and severally liable for the
performance of this entire agreement.
IN WITNESS WHEREOF. Dcvelopers 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 rhe day and year first
written above.
DEVELOPERS:
ROTH REALTY, TNC.
Carl 0. Gratzek
James Behlman
By:
By:
CITY OF MUSKEG0
Wayne G. Salentine. Mayor
Jean Marenda. Clerk
5
NATIONAL BANK a *..,. C”,..
IRREVOCABLE STANDBY WcIRIENTdaY CBEDIT
CREDIT NO.: 330 AMOUNT: $55,000.00
*** Fifty Five Thousand and OO/
Date: August 4, 1989
100 Dc )liars ***
APPLICANT: Roth Realty Inc.
Carl 0. Gratzek
James Behlman
1336 S. 92nd St.
West Allis, WI 53214
BENEFICIARY: City of Muskego EXPIRY DATE: November 9, 1990
0
8200 S. Racine Ave.
Muskego, WI 53150
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor (the bene-
ficiary’s) which is available by beneficiary’s draft(s) at sight drawn on Tri
City National Bank of Hales Corners, Each draft accompanying documents must
state “Drawn under Tri City National Bank of Hales Corners Documentary Credit
No. 330.
This Standby Credit is to provide security to the City of Muskego for the per-
under that certain Agreement dated between the City of Muskego and applicants.
formance of Roth Realty Inc., Carl 0. Gratzek, and James Behlman’s obligations
I,
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Yuskego stating that Roth Realty
Inc., Carl 0. Gratzek, and James Behlman have failed to complete the construc-
tion of all of the improvements in Section I in accordance with said Agreement.
Muskego to complete such improvements.
Said statement shall set forth the estimated amount necessary for the City Of
0 CONTINUED ON PAGE TWO (2) WHICH IS AS INTEGRAL PART OF THIS STANDBY CREDIT
5555South 108th Street Hales Corners, Wisconsin 53730*414/425=3200
PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO. 330
DATED August 4, 1989
SPECIAL. CONDITIONS:
This standby credit will terminate on the 9th day of November, 1990 provided,
however, Tri City National Bank of Hales Corners shall give written notice
to the beneficiary of its intention to terminate this standby credit at least
90 days prior to said 9th day of November, 1990. After said date this letter
of credit can only terminate upon 90 days written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference to "Agreement" is
for identification purposes only and such reference shall not be construed in
any manner to require Tri City National Bank of Hales Corners, to inquire into
its terms and obligations.
We engage with you that drafts drawn under and in compliance with the terms of
This original Standby Crqdit must be submitted to us together with any drawings
this credit will be duly honored if presented on or before the expiry date.
hereunder for our endorsement of any payments effected by us and/or for cancel-
$55,000.00.
lation. The amounts drayn under this Letter of Credit shall not exceed
Very truly yours,
TRI CITY NATIONAL BANK
OF HALES CORNERS
JLB/sn