Loading...
CCR1989210ai AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #210-89 APPROVAL 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 RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Subdivider's Agreement and Letter of Credit as amended and attached, subject to the approval of the City Attorney. 'e DATED THIS 8th DAY OF August , 1989. FINANCE COMMITTEE t Ald. Edwin P. Dumke Ald. Daniel J. Hilt Ald. Harold L. Sanders ATTEST : City Clerk 8/89 jz SUBDIVIDERS AGREEMENT This agreement. made this - 4fh day of August , 192, by and between. ~..,th P.==L~Y,I~C.,C=~~ 0. cr.trek. and lam.. 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 Citf tWO proposed Certified Survey Maps which together comprise Valley Square. a hereto as Exhibits A-1 and A-2, and made a part hereof. residential land division. Copies of said Certified Survey Maps are attached -. . The lands set fonh on be attached Exhibits A-1 and A-2 are hereinafter referred to as the "Subdivision". notwithstanding the fact that the land division set forth on said Certified Survey Maps does not fall within the definition of 3. subdivision as defined in Chap. 236 of the Wisconsin Statutes. WHEREAS, as a condition 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 the City of Muskego; and plans and specifications for Subdivision improvement and the Common WHEREAS, the City's .Engineers have duly approved the Developers' Council has duly approved and authorized the terms and provisions of this agrcernent and approved the final Certified Survey Maps of Valley Square; NOW. THEREFORE, in considerarion of the covenants herein contained. [he parties hereto agree as follows: SECTION 1. IMP The Developers. entirely at their expense, shall: : A. and Stre&: Grade and improve all roads and streets in accordance with the Cenificd Survey Maps of said Subdivision hereof and marked Exhibit -B., all in accordance with the City's and the plans and specifications attached hereto. made a pan street specifications. B. Surface Water Drainaee: I. Construct. install, furnish and provide adequate facilities as 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. Thc City shall furnish to the Developers such permiu or easements as may be required in any public street or property 10 1 enter upon and install the above described surface water drainage system. C Sanitarv 5ewer complete sanitary sewage collection system throughout the : Construct. install, furnish and provide a entire Subdivision, all in accordance with the plans. cost of preparation of as built plans shall be pald by the specifications and drawings attached hereto as Exhibit “D”. 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 with Sec. 8.13 of the Muskego Land Division Ordinance and Resolution No. P. 72-76. City with a letter of guarantee from the nursery or Developers SMLL provide the landscaping firm who will be providing the trees eighteen months from date of planting, and that any tree guaranteeing that the trees will survive for a period of which does not so survive will be replaced AUD rn’nk 96iM~pa5 WILL P&VlD€ TX‘E &UD &qurPED B./ m.4 LANE) BlVl5lOd Omlr/AN6 =TION Il. TT\E OF mN OF IMP-: The improvements set fonh in Section I above shall be completed by the developers in total within twelve (12) months of the date of this agreement or recording of the first final Cenified Survey Maps, whichever date comes first. - 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. storm and sanitary sewer lines, and surface water drainage encumbrances whatever. together with and including, without limitation facilities to the City, irr successors and assigns, forever, free and clear of all because of enumeration. any and all land, buildings, structures, mains, conduits. pipe 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. I%< x: at the times soecified in Section IO of its Land Division Ordinance. The Developcrs shall pay and reimburse the City all fees as required and 2 v. MIS-: The Developers shall: A. w: 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. B. -: Cause all construction called for by this agreement to be carried out and performed in a good and workmanlike manner. C "onumentr: Properly place and install any survey or other monuments required by statute or ordinance. D. Grades: 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 grade of the grade of all four comers of each lot. E. Sioht Distances shrub planting which obstructs sight lines at elevations between : Restrict lots so that no fence, wall, hedge, or Two (2) and Six (6) feet above the roadways shall be placed or permitted to remain on any comer lot within the triangular area formed by the street propeny 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, SECTION VI. CTJARAW: 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 propeny 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. ON VTI. GE-' In addition to. and not to the exclusion or prejudice of, any provisions of 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 Developers's negligent construction or operation of infringement by it of any parent. 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 3 .. . .- . this agreement or documents incorporated herein by rcferencc. Developers [he City. a provisions of this agreement shall be for the benefit of the purchaser of any The Developers agree that in addition to the City's rights herein, the lot or any interest in any lot or parcel of land in the Subdivision. OF IV-: herein required, and shall dedicate the same to the City as set forth herein, the As and when the Developers shall have completed the improvements 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. 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). resolutions, and execute such documents as may be necessary to permit 1. The City shall, within its authority, issue such permits. adopt such 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. agreement, 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. LCY 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 homes, or any other homes, until the City's Engineers have determined that: issued, nor shall any occupancy permits be issued either for the said model 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. 4 : All the provisions of the City's ordinances are incorporated herein by of this agreement as fully as if set forth at length herein. This agreement and reference, and all such provisions shall bind the parties hereto and be a part carried out in strict accordance with and subject to the provisions of said all work and improvements required hereunder shall be performed and ordinances. SECTrON XIV. FINANCIAL: 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 forth terms and conditions approved by later than one (1) year from the date of the recording of the first final improvements will be completed by the Developers an.d his subcontractors no Certified Survey Map or the date of the agreement. whichever date comes first, 3 and as a further guarantee that all obligations to the subcontractors for work on the development are satisfied. ON XV. v: 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 development of the Subdivision; the Developers are jointly and severally liable for the pcrformance of this entire agreement. 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 duolicate orieinal counterparts on the day and year first written above. DEVELOPERS: I ROTH REAL7Y) INC. Carl 0. Gratzek By: James Behlman By: CITY OF MUSKEG0 ., ,, ,I .I cm , I.' Way# G. Salentine, Mayor Jean Marenda. Clerk 5 0 TRI CITY NATIONAL BANK "C" IRREVOCABLE STBHDBY DOcIlwENTBBY CBEDIT CREDIT NO. : 330 AMOUNT: $55,000.00 *** Fifty Five Thousan Date: August 4, 1989 Id an d 00 /lo0 Dc dlars *** APPLICANT:. Roth Realty Inc. Carl 0. Gratzek James Behlman West Allis, WI 53214 1336 S. 92nd St. BENEFICIARY: City of Muskego EXPIRY DATE: November 9, 1990 Muskego, WI 53150 8200 S. Racine Ave. 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 DRAFTS ARE TO BE ACCOMPANIED BY: A statement signed by the Mayor of the City of Muskego stating that Roth Realty Inc.. Carl 0. Gratzek, and James Behlman have failed to complete the construc- Said statement shall set forth the estimated amount necessary for the City of tion of ell of the improvements in Section I in accordance with said Agreement. Muskego to complete such improvements. CONTINUED ON PAGE TWO (2) WHICH IS AN INTEGRAL PART OF THIS STANDBY CREDIT 5555 South 108th Street Hales Comers, 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 90 days prior to said 9th day of November, 1990. After said date this letter to the beneficiary of its intention to terminate this standby credit at least 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 credit will be duly honored if presented on or before the expiry date. This original Standby eredit must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancel- lation. The amounts drawn under this Letter of Credit shall not exceed $55,000.00. Very truly yours, TRI CITY NATIONAL BANK OF HALES CORNERS JLB / sn I May 25. 1989 Mr. Gene Kovacs, Assistant Director City of Muskego P. 0. Box 903 Muskego, Wisconsin 53 150 Re: Ann Drive. Sanitary Sewer and Road Construction Dear Gene: In regard to the Ann Drive sewer and road construction project, we have reviewed the construction bid prices and estimated our inspection and engineering costs in order to anive at an amount for the establishment of the letter of credit. Rough grading & grubbing $ 8.200 Sanitary sewer $17,000 Curb & gutter. 8" gravel base, conc. pavement with tack coat road grading, 5-112'' bit. $24.200 & engineering fees estlrnated at lnspection. asbuilt preparation $ 5.600 Total $55,000. Accordin ly, it is recommended that the letter of credit for this project be estatlished in the amount of $55,000. i'ery iruly yuurs, RUEKERT & MIELKE, INC. FRjr:kj cc: Carl Gratzek Payne & Doh, Inc.