CCR1989257COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #257-89
APPROVAL OF DEVELOPER'S AGREEMENT AND
LETTER OF CREDIT
(Willow Pond)
WHEREAS, the Developer's Agreement has been submitted for the Willow Pond development (Phases I1 h III), 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 Developer's Agreement and
Letter of Credit as attached, subject to the approval of the
City Attorney .
DATED THIS 26th DAY OF September , 1989.
LXL Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
ATTEST :
City Clerk
9/89
jz
!
-G DEVELOPflENT AGREEMENT
THIS AGREEMENT, made this fZth day of Octaber, 1989 by and
between William E. Paschke, Jr. and Donald Ripp, the "developer"
and the City of Muskego, a municipal corporatien in the State of
Wioccrnsin located in Wauksaha County, hereinafter called the
"city. "
WITNESSETH;
WHEREAS, developer has submitted for approval by the city a
planned unit development knawn as willow pond, a multi?amlly
development, a copy of which is attached hereto, and marked as
Phase I1 and 111 of Exhibit A; and
.L1
WHEREAS, it is mutually agreed that if develeper constructs
improvements, and municipality may reasonably require dedication
ut such public improvements, it any, within the develapment, to
be conditioned upon the construction Of such improvement,
according to municipal specifications, without cost tc8 the
municipality; and
WHEREAS, the city engineers have duly approved the
developer's plans and specifications Tor the improvements and the
common counsel has duly approved and authorized the terms and
provisions of this agreement and approve the development plan in
Phase I1 and I11 of Exhibit A,
NOW THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
I
Imoravements. The develGper, entirely at his expense shall:
A. Roads and Streets: Grade and improve all reads and
10:ZI 68. 3Z d3S
..
streets in accardance with Exhibit A and any municipal
opecifications.
8. Surface Water Drainaaq: Construct, install, furnish and
provide adequate facilities as approved by the city engineer and
public WCsrks committee, for storm and surface water drainage
throughout the entire development, in accordance with the plans
and specifications attached hereto, made a part hereof and marked
as Exhibit E.
The city shall furnish to the develc,per such permits or
easements as may be required in any public street ur property to
enter upon and install the abnve described surface water drainage
system.
2
c. Water: Construct, install, furnish and provide a
complete system o3f water supply and distributican throughout Phase
11 and 11.1 uf Exhibit A as approved by the city engineer and in
accordance with the plans and specifications attached hereto as
Exhibit B. The preparation of as-built plans shall be paid by
the developer.
0. Sanitary Sewer: Construct, install, furnish and provide
a complete sanitary sewage cullection system throughout Phase I1
and 111 07 Exhibit A. all in accordance with the plan
specifications and drawings attached hereto as Exhibit B. NO
further action by the municipality is required for the developer
to provide this system. The cost of the preparation of the as-
built plans shall by paid by the developer.
L
E00 ' 33bd 20:21 68. 92 d3S
E. Landscaainar
1. Preserve existing tree3 wherever possible in the
construction of the development.
2. Remove and lawfully dispose of all trees, brushes, tree
shrubs and other similar growth and all rubbish.
3- The developer shall plant street trees in accordance
with Section 9.13 of Muskego Land Division Ordinance and
Resolution Ne, PC72-75 in the event the street improvements are
to be made.
I1 .I
Time of com~letion sf imDrovements. The improvements set
forth in Exhibit A, Phase as referred to in Section I above,
shall be cumpleted by the developer in total within twelve (12)
months of the date of this agreement.
111
Dedication. Su5,ject to all of the other previsions of this
agreement, developer shall, if the municipality SO requests
withnut charge to the city, upon completion of the above
described improvements, unconditionally give, grant, convey and
fully dedicate the rQad and streets, storm and surface water
drainage, and water and sewer facilities tu the city, it%
successors and assigns, forever, free and clear of all
encumbrances, whatever, together with and including without
limitation because of enumeration any and all land, mains,
canduits, pipes, lines, appurtenances and hereditament, which may
in any way be a part of or pertain to such improvements, and
3
'topethrr wikh any anrl a11 nerocaary Pacementa p~ a~=o=s: th=y=bes
IV
Ins~ectians and Administration Fees. The developer shall
Pay and reimburse the city ail fees a5 required, and at the time
speciried in Sectian 10 of its land division ordinance.
V
Miscellaneous Reauirements. The developer shall:
A. Easements. Pruvide any easements on develaper's land
deemed necessary by the city engineers, provided such easements
are SO located as not to render any lut unbuildable or unsalable.
B. Street Siany. Reimburse the city for the cost at all
street signs, pasts and the costs of their installation. This
shall include all traffic signs.
. ..
C. Manner of Performancq. Cause ali construction called
for by this agreement to be carried aut and perfarmed in a goad
and workmanlike manner.
D. SUT.VRY Monuments. Properly place and install any survey
ur other monuments required by statute or ordinance.
E. Grades. Furnish ta the building inspector of city a
copy of Exhibit A, showing the street grade tcn the extent it
affects Phase I1 and 111.
F. Street Liahts. Install street lights in accordance with
Sectian 8.11 of the City's land divisio'n ordinance.
G. Site Distances. Restrict development sa that no fence,
wall, hedge or shrub planting which obstructs site lines at
elevations bRtUBRn two (2) and six (61 feet above the roadway
shall be placed or permitted to remain on any corner within the
4
SOO ' 33Ud
. triangular area formed by the strmet preportp lints, any line
connecting them at paints twenty-five (25) feet from the
intersection of the street lines, or in the case uf a rounded
PrCaPertY corner, from the intersection of the street property
lines extended.
a
VI
Guarantees- The develnper shall guarantee the surface uater
drainage improvements and other improvements described in Sectifin
1, item A, B, C, and D and hereof, against defects due to faulty
materials or workmanship, previded that such defects appear
within a period d one year P,rctm the date of dedication and
acceptance. The develcper shall pay for any damages to city
property resulting ?rum such faulty materials or workmanship.
VI I
Qeneral Indemnity. In addition to, and nut to the exclusion
uf any prejudice of any provisions of this agreement or documents
incorporated herein by reference, developer shall indemnify and
save harmless the city, its officers, agents and employees and
shsll defend the same from and against any and all liability,
claims, loss, damages, interest actions, suits, judgments, costs,
expenses and attorneys fees and the like to uhumsoever owed end
by whomsoever, and whenever, bruught, ordered ur maintained,
which 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 negligent operation of improvements covered thereby, or his
violation of any lau or ordinance, the infringements by him of
any patent, trade name or copyright, and the use of his road
0
5
ZOO 33Ud
improvements prior to their formal dedication and acceptance by
the city.
VISI
AcceDtance of Nork and Dedication. As and when the
develuper shall have completed the improvemc!nts 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 a5 required by the
applicable city ordinances and other applicable law and approved
by the city engineers.
!
I IX
Erosion Control Plan and Permit. Developer shall submit to
the city an application f.>r a land disturbing permit and an
erosion control plan in accordance with the requiremants of
section 29-06 of the city's erosion control ordinance CORD. Nu
560).
".
X
Constr'uctiun Permits, Etc.
1. The city shall, within its authority, issue such
pcrmita, adopt EUC~ rreelution- m,d oxosut.~) ouch derumnont- may
be necessary to pernit developer to construct the improvements in
accordance
Upon developer's cumpliance with any depositc agreement.
with the plans and specifications called for by this
provisions or jother requirements of the applicable ordinances ur
regulations; and the city shall cooperate with the developer in
obtaininglsimilar permits, resolutions and documents a-- may be
necessary from other authorities having jurisdiction in the
!
I
q
I
6
LBO. 33Ud
premirns.
2. The city shall, as a condition of the developer
executing this agreement, make available to the developer or its
nominees, s~ccesso~s or assigns, building permits for the
construction of the buildings described in Exhibit.
XI
Buildinq and Occupancy Permits. It is expressly understood
and agreed that no building permit shall bo issued nor shall any
occupancy permits be issued until the city’s engineers have
determined that the water, sewer and surqace water drainage
facilities and any roads that may be constructed to serve thea
multi-family lunits are connected with an operating system BB
required herein.
...
XI I
General Conditions and Reaulations. All the provisions of
the City’s OrdLnances arc incorporated herein by reference and
all such provisions shall bind the parties hereto and shall be a
part of this agreement as fully as if said forth at length
herein. This agreement and all work and improvements required
hereunder shall be performed and carried out in strict accordance
with the subject to the provisions of said ordinances.
XI11
Financial Guarantee. Priur to the execution of this
contract by the city, the developer shall file with the city an
assurance of completion setting forthe the terms and conditiuns
approved by the city attorney in the amount of 5 140,000.00 as a
guarantee that the required impruvements will be completed by the
7
VEi:ZI 68. 9Z d3S
developer and his subcontractors not later than one (1) year from
the date of the execution of the development agreement, and as a
further guarantee that all obligations to the Subcontractors who
work on the development are satisfied.
XIV
Parties baund. Develeper of its assignees shall be bound by
the terms of this agreement or any part herein as it applies to
any phases in the development of the project.
IN WITNESS WHEREOF, the developer and city have caused this
agreement to be signed by their appropriate officers and their
seals tu be herein to affixed in duplicate original cuunterparts
on the day and here first written abuve,
.>
DEVELOPER BY:
William E. Paschke, Jr.
Don J. Ripp
CITY OF MUSKEG0 BY:
Wayne G. Salintine, Mayor
Jean K. Marenda, Clerk
S!3:2l 68. 92 d3S
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO. :
DATE 10-12-83 0
AHOUNT: $ 190.000.00
INSURED BANK:
M&I Warshall SI IIsley Bank
770 N. Water Street
Milwaukee, WI 53202
APPLICANT:
William E. Paschke, Jr.
Don J. Ripp
BENEFICIARY:
City of Huskego
Wl82 S8206 Racine Ave.
Muskego, WI 53150
EXPIRY DATE:
1-12-91 at our counters
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor
The City of Muskeg6, which is available by beneficiary’s draft(*)
accompanying documents must state “Drawn Under MScI Marshall %
at sight drawn on M&I Marshall & IIsley bank. Each draft
IIsley Bank Documentary Credit No.
This Standby Credit is tu provide security to the City of Muskego
for the performance of William E. Paschke, Jr. and PQn J. Ripp’s
obligations under that certain Agreement dated iO-i2-%9 between
the City of Muskego, and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor o+ the City of Muskego stating
that William E. Paschke, Jr. and Don J. Ripp have failed to
said Agreement.
complete the construction of all improvements in accordance with
amount necessary for the City of Muskego to complete such
Said statement shaI1 set forth the estimated
improvements.
CONTINUED ON PAGE TWO (2.) WHICH IS AN INTEGRAL PART OF THIS
STANDBY CREDIT.
010 33Wd
.. 'PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO.
./ DATED 10-12-09
a SPECIAL CONDITIONS:
This standby credit will terminate on the 12th day of January
1991 provided, however, M&I Marshall & II5ley Bank shall give
written notice to the beneficiary o? Its intention tu termipate
this standby credit at least 90 days prior to said iZth day of
January 1931. 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 identl7ication purposes only and such
Marshall & IIsley Bank, to inquire into its terms and
reference shall not be construed in any manner to require MbI
obligations.
We encourage with you that drafts drawn under and in camplianca
with the terms of this credit will be duly honured if presented
on ur before the expiry date. This original Standby Credit must
endorsement o? any payments effected by us and/or for
be Sunmittea te us tctgether with any drawings hereunder for cur
cancelation.
Very truly ynurs,
M&I Marshall & IIsley Bank
1 IB'39Wd