CCR1989264COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION ~264-89
APPROVAL OF DEVELOPER'S AGREEMENT AND
LETTER OF CREDIT
(Restful Lane)
WHEREAS, the Developer's Agreement has been submitted for the
Restful Lane development, 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 10th DAY OF October , 1989.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
ATTEST :
City Clerk
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SUBDIVIDERS AGREEHENT
by and between TNOMAS W.EUE~€
This agreement, made this &*day of ocrcaen. ,19Bp
and the City of Huskeeo. a municiDal corDoration of the State
, the "Developer",
of Uisconsin, located in Waukesha County, hereinafter called
the "City".
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WITNESSETH
UHEREAS, Developer has submitted for approval by the City
a proposed final plat for PEsTFuL LAuE &AID DIVGIO~ , a
residential-subdivision. a CODY of which is attached her.eto. made
a parc hereof and marked Exhibit "A" (the'subdivision"); and
City nay require that the Developer make and install certain
that as a cgndition of plat approval, the governing body of the
public improvements reasonably.necessary for the Subdivision and
further, 'may .requi.re dedication^ of public streets, alleys or
other -days within:.the. Subdivision, to be conditioned upon the
conscruccion of said improvements according to municipal
specifications vichout-cost to. said municipality; and
WHEREAS, Section 236.1~3 of the Wisconsin Statues provides .
'AXEREA3,'the City"s engineers have duly approved the
Developer's plans and specifications for subdivisi.on improvements
and the Comnon Council has duly approved and authorized the terms
and provisions of this agreement and approved the final plat
SOW, TifEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTIOY I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
A. Roads and Streets: 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
specifications.
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B. SURFACE WATER DRAINAGE:
1. Construct. install. furnish and provide adequate
facilities as approved by the City 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 of easements as may be required in any public street or
property to enter upon and install the above described surface
water drainage system.
C. SANITARY SEWER: Construct, install, furnish, and
provide a complete sanitary sewage collection system throughout
specifications and drawings attached hereto as Exhibit "E". The
the entire subdivision, all in accordance with the plans,
cost of the preparation of as-built plans shall be payed by the
Developer.
D. LANDSCAPING: -3
1. Preserve existing trees, whereever possible, in
2. Remove and la'ufully dispose of all old barns,
the construction of Subdivisions improvements.
outbuildings, destroyed trees, brush, tree trunks, shrubs and
other similar natural growth, and all rubbish.
Ordinance and Resolution I1P.C. 72-76.
accordance vith secti-on 8.13 of the Yuskego Land Division
3. The Developer shall plant street trees in
SECTION 11. TIHE OF COMPLETION OF IYPROVEXEXTS:
completed by the Developer in total within twelve (12) months
of the date of this agreement or recording of the final plat,
whichever date comes first.
The improvements set forth in Section I above shall be
SECTION 111. DEDICATION:
Developer shall, without charge to the City. upon completion of Subject to all of the othei provisions of this agreement,
the above described improvements, unconditionally give, grant,
convey and fully dedicate the roads and streets, storm and
surface water drainage facilities to the City, its successors and
assigns, forever, Eree and clear of all encumbrances whatever
enumeration, and all land, buildings, structures, mains,
together with and including, without limitation because of
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 vith any and a11 necessary
easements for access thereto.
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' 'PAGE 3, Subdivider's Agreement
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developer shall pay and reimburse the City all Fees as
required and at the times specified in Section 10 of its Land
Division Ordinance.
SECTION V. NISCELLANEOUS REQUIREMENTS:
The Developer shall:
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 OK unsaleable.
all street signs and posts and the cost of their installation,
8. Street Signs: Reimburse the City for the cost of
this to include all traffic signs.
ca.lled for by this agreement to be carried out and performed in
a good and uorkmanlike manner.
survey or other monuments required by statute or ordinance.
D. Survey Yonuments: Properly place and install any
City a copy of Exhibit"A" shoving the street grade in front of
E. Grades: Furnish to the Building Inspector of the
each lot, the yard grade and the grade of all four corners of
each lot.
with Section 8.11 of the City's Land Division Ordinance.
A. Easements: Provide any easements on Developer's
C. Xanner of Performance: Cause all construction
F. Street Lights: Install Street lights in accordance
vall. hedEe, or shrub planting vhich obstructs sinht lines at
G-; Sight Distances- Restrict lots so that no fence,
elevations betueen Tvoi2) and-Six(6) feet above the roadvays
shall be placed or permitted to remain on any corner lot uithin
the triangular area Formed by the street property lines and a
line connecting them at points tventy-€ive (25) feet from the
intersection of the street lines, or in the case of a rounded
property corner, from the intersection of the street property
lines extended.
SECTIOX. VI. GUARANTEES:
The Developer shall guarantee the surface water drainage
improvements 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. The
Developer shall pay for any damages to City property resulting
from such faulty materials OK uorkmanship. This guarantee shall
not be a bar to any action the City might have for negligent
Workmanship or materials. Wisconsin lau on negligence shall
govern such situation.
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2: PAGE'4, Subdivider's Agreement
SECTION VII. GENERAL INDEMNITY:
'' In addition to, and not to the exclusion or pre~iudice 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 shall defend the
same from and against any and all liability, claims, losses,
damages, interest actions, suits, judgments, costs, expenses,
attorney's fees, and the like to whomsoever owed and by
vhomsoever 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 Developer's negligent construction or operation of
ordinance, the infringement by it of any pztent, trademark, trade
improvements covered thereby, or its violation of any law or
name or copywrite, and 1cs use of road improvements prior to
their formal dedication and acceptance by the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
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.
The Developer agrees that in addition to the City's rights
e SECTIOY IX. ACCEPT.1NCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the
City as set forth herein, the same shall be accepted by the City
improvements herein required, and shall dedicate the same to the
agreement and as required by applicable City ordinances and other
if said improvements have been completed as required by this
applicable law and approved by the City Engineers.
SECTION X. EEOSIOS CONTROL PLAN AND PERHIT:
The Developer shall submit to the City; an application for a
land disturbing permit and an erosio'n control plan in accordance
with the requirements of Section 29.06 of the City;s Erosion
Control Ordinance (Ord. 11560). -
SECTION XI. CONSTRUCTION PERMITS, ECT...:
permits, adopt such resolutions, and execute such documents as
1. The City shall, vithin its authority, issue such
may be necessary to permit Developer to construct the
improvements in accordance with the plans and specifications
any deposit provisions or other requirements of the applicable
called for by this agreement, upon Developer's compliance vith
ordinances or regulations; and the City shall cooperate vith the
Develonsr in ~bcair~in~ similar permits, res~lutions and documents
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PAGE 5, Subdivider's Agreement
2. The City shall, as a condition of the Developer
executing this agreement, make available to the Developer or its
nominee successors or assigns, building permits for the
construction of single family residences subject to the
provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERHITS:
(2) model homes. It is expressly understood and agreed that no
The Developer shall be alloved to construct no more than tvo
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 Sewer and surface vater drainage facilities
required to serve such homes are connected vith an operation
system as required herein.
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.
B. That the City's Engin'eers have approved the
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
herein by reference, and all such provisions shall bind the
X11 the provisions of the City's ordinances are incorporated
parties hereto and be a part of this agreement as fully as if set
forth at length herein. This agreement and all vork and
improvements required hereunder shall be performed and carried
out in strict accordance vith and subject to the provisions of.
said ordinances.
SECTION XIV. FINANCIAL GUARANTEE: - ..
Prior to the execution of this contract by the City, the
Developer shall file vith the City a letter of credit setting
amount of $ 8,000. 00 as a guarantee that the required
forth terms and conditions approved by the City Attorney in the
subcontractors no later than one (1) year from the date of the
improvements vi11 be completed by the Developer and his
recording of the final plat or the date of the agreement,
vhichever date comes first. and as a further gruarantee that all
obligations to the subcontractors for vork on the development are
satisfied.
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e. * PAGE 6, Subdivider's Agreement
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SECTION XV. PARTIES BOND:
Developer or its 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 HEREOF, Developer and City have caused this
agreement to be signed by their appropriate officers and their
seals to be hereunto affixed ir! duplicate original counterparts
on the day and year first written above.
DEVELOPER CITY OF MUSKEG0
By :
=OMAS W€&V€TrC Wayne G. Salentine, Mayor
2 By :
Jean Marenda, Clerk
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APPLICANT: Thomas Wernette
W128 S7110 Flintlock Tr.
Muskego, WI 53150
BENEFICIARY: City of Yuskego EXPIRY DATE: at our counters
8200 S. Racine Avenue TAM 10 , 1951
Huskego, WI 53150 .
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor, City of
Xuskego, 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 "Dram under Tri City National Bank of Hales Corners Documentary
Credit No. 329".
This Standby Credit is to provide security to the City of Huskego for the
performance of Thomas Wernette's obligations under that certain Agreement
dated 0C-r 10 . 1989 between the City of Muskego. and
applicant.
DRAFTS ARE TO BE ACC0,TYPAYIED BY:
A statement signed by the Xayor of the City of Huskego stating that Thomas
Wernette has €ailed to complete the construction of all improvements nf
set forth the estimated amount necessary for the City o€ Muskego to complete
such improvements.
Section I in accordance with said Agreement. Said statement shall
CONTISUED ON PAGE TWO (2) WICH IS AN INTEGRAL PART OF THIS STANDBY CREDIT
PAGE 2, AN INTECRU. PART OF STANDBY CREDIT NO. 329
DATED: July 28. 1989
SPECIAL CONDITIOSS:
This standby credit will terminate on the /oTHday of JA~ 1991 provided,
however, Tri City Sational Bank of Hales Corners shall give written notice
to the beneficiary of its intention to terminate this standby credit at least
96 days prior to said /or'fday of JAM 1991. After said date this letter
of credit can only terminate upon 90 days vritten notice to the beneficiary.
It is hereby agreed by all parties h,ereto chat 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 chat drafts dram under and in compliance with the terms
of this credit vi11 be duly honored if presented on or before the expiry
date. This original Standby Credit must be submitted to us together with
any drawings hereunder for our endorsement of any payments effected by us
andlor for cancellation.
Very truly yours,
TRI CITY NATIONAL B&\'K
OF HALES CO
GRGlsn