CCR19900740
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COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #74-90
APPROVAL OF FINAL PLAT & SUBDIVIDER'S AGREEMENT
(Woodside Estates)
WHEREAS, a Final Plat has been submitted for the 11 lot Woodside
Estates Subdivision in the SE 1/4 of Section 17, and
WHEREAS, the Preliminary Plat was approved in Resolution #204-89
on July 25, 1989, and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
Estates Subdivision subject to approval of the City Engineer and
does hereby approve the Final Plat for the 11 lot Woodside
all objecting and approving agencies, and receipt of payment of
any and all attorney, engineer, administrative, etc. fees.
BE IT FURTHER KESOLVED that the Subdivider's Agreement is hereby
approved subject to approval of the City Attorney.
BE IT FURTHER RESOLVED that the agreement is hereby subject also
to including payment of the developer's proportionate share of
required by FEMA for a flood plain amendment.
the cost of the HEC (Hydraulic Equivalency Compensation) Report
DATED THIS 27th DAY OF March , 1990.
Ald. Daniel J. Hilt
ATTEST :
City Clerk
3/90
jz
SUBDIVIDER'S AGREEMENT
This agreement. made this d'day of MAECH
B T ENTERPRISES OF SOUTHEASTERN WISCONSIN. LTD , the "Developer," and the City
, 1990 by and between
of Muskego. a municipal corporation of the State of Wisconsin, located in
Waukesha County, hereinafter called the "City"
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a proposed
final plat for WOODSIDE ESTATES, a residential subdivision, a copy of which is
attached hereto, made a part hereof and marked Exhibit "A" (the "Subdivision");
and
WHEREAS. Section 236 13 of the Wisconsin Statutes provides that as a
condition of plat approval. the governing body of the City may require that the
Developer 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
municipality; and
WHEREAS, the City's engineers have duly approved the Developer's plans
and specifications for subdivision improvement and the Common Council has duly
approved and authorized the terms and provisions of this agreement and approved
the final plat
parties hereto agree as follows
SECTION I. IMPROVEMENTS.
The Developer, entirely at its expense. shall
NOW. THEREFORE. in consideration of the covenants herein contained, the
A Roads and Streets,
accordance with the plat of said Subdivision and the plans and specifications
Grade and improve all roads and streets in
attached hereto, made a part hereof and marked Exhibit "B". all in accordance
with the City's street specifications
B Surface Water Drainaze.
1 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 The City shall furnish to the Developer 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 Water, Construct, install, furnish, and provide a complete system Of
water supply and distribution, throughout the entire Subdivision. as approved by
the City Engineer and in accordance with the plans and speciPications attached
hereto as Exhibit "D" The cost of the preparation of as-built plans shall be
paid by the Developer
1
sanitary sewage collection system throughout the entire Subdivision , all in
D Sanitary Sewer. Construct, install, furnish, and provide a complete
accordance with the plans, specifications and drawings attached hereto as Exhibit
"E" The cost of the preparation of as-built plans shall be paid by the
Developer
E Landscaping,
1 Preserve existing trees, wherever Dossible. in the construction ~
of Subdivision's 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
Section 8 13 of the Muskego Land Division Ordinance and Resolution #P C 72-76
3 The Developer shall plant street trees in accordance with
F Roadside Ditches. Must meet City of Muskego specifications
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS.
Developer in total within twelve 112) months of the date of this agreement or
The improvements set forth in Section I above shall be completed by the
recording of the final plat, whichever date comes first
SECTlON 111. DEDICATION.
without charge to the City. upon completion of the above described improvements.
Subject to all of the other provisions of this agreement, Developer shall,
unconditionally give. grant. convey and fully dedicate the roads and streets,
assigns, forever, free and clear of all encumbrances whatever together with and
storm and surface water drainage facilities to the City. its successors 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 a11 necessary easements for access
thereto
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. MISCELLANEOUS REQUIREMENTS.
The Developer shall
A, Easements: Provide any easements on Developer's 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 unsalable
and posts and the cost of their installation, this to include all traffic signs
B Street Signs, Reimburse the City for the cost of all street 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
2
monuments required by statute or ordinance
D. Survey MOnUmentS Properly place and install any survey or other
attached hereto. made a part hereof and marked Exhibit "F"
E Deed Restrictions: Execute and record deed restrictions in the form
Exhibit "A" showing the street grade in front of each lot, the yard grade and the
F Grades. Furnish to the Building Inspector of the City a copy of
grade of all four corners of each lot.
G. Street Lights: Install street lights in accordance with Section 8 11
of the City's Land Division Ordinance
H. Sight Distances: Restrict lots so that no fence, wall. hedge, or
shrub planting which obstructs sight lines at elevations between two (2) and six
(6) feet above the roadways shall be placed or permitted to remain on any 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 corner, from the intersection
of the street property lines extended.
SECTION 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 or workmanship This guarantee shall not be a bar to any action the
City might have for negligent workmanship or materials
negligence shall govern such situation
Wisconsin law on
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions of
this agreement or documents incorporated herein by reference, Developer shall
shall defend the same from and against any and all liability, claims. losses.
indemnify and save harmless the City. its officers, agents. and employees, and
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 Developer's negligent construction or operation of
improvements covered thereby, or its violation of any law or ordinance, the
infringement by it of any patent. trademark, trade name or copyright, and its use
of road improvements prior to their formal dedication and acceptance by the City
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS.
The Developer agrees 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
3
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION.
As and when the Developer 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. EROSION CONTROL PLAN AND PERMIT.
The Developer shall submit to the City, an application for a land disturbing
permit and an erosion control plan in accordance with the requirements of Section
29 06 of the City's Erosion Control Ordinance (Ord E.60)
SECTION XI. CONSTRUCTION PERMITS, ETC.
A The City shall. within its authority. issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit Developer
called for by this agreement, upon Developer's compliance with any deposit
to construct the improvements in accordance with the plans and specifications
provisions or other requirements of the applicable ordinances or regulations; and
the City shall cooperate with the Developer in obtaining similar permits,
resolutions and documents as may be necessary from other authorities having
jurisdiction in the premises
B 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 XI1
SECTION XII. BUILDING AND OCCUPANCY PERMITS.
The Developer shall be allowed to construct no more than twoMmode1 homes 4
It is expressly understood and agreed that no 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 water drainage facilities required to serve
such homes are connected with an operation 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
antlcipated during the period prior to the date when the roads must be completed
and dedicated
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS.
reference, and all such provisions shall bind the parties hereto and be a part of
~ll the provisions of the City's ordinances are incorporated herein by
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
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SECTION XIV. FINANCIAL GUARANTEE.
Prlor to the execution of this contract by the City. the Developer shall file
with the City a letter of credit setting forth terms and conditions approved by
the City Attorney in the amount of $50~-~.00 as a guarantee that the required
improvements will be completed by the Developer and his subcontractors no later
the agreement, whichever date comes first, and as a further guarantee that all
than one (1) year from the date of the recording of the final plat or the date of
obligations to the subcontractors for work on the development are satisfied
SECTION XV. PARTIES BOUND.
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
original counterparts on the day and year first written above
by their appropriate officers and their seals to be hereunto affixed in duplicate
DEVELOPER CITY OF MUSKEG0
B T ENTERPRISES OF SOUTHEASTERN
WISCONSIN. LTD
BY BY -
Todd Bushberger. President
_" ""
Mayor
BY " BY
Jerome Tinti. Secretary Clerk
5
EXXYPLE OF FORMAT REQUIRED FOR LETTER OF CXEDLT
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO. : AMOUNT :
DATE 3 -2s- TD
APPLICANT:
, Lf-D
BENEFICIARY: City of Muskego
W182 S8200 Racine Ave. &--g-y/at our counters
Huskego, WI 53150
EXPIRY DATE:
2
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor
(the beneficiary's) which is available by beneficiary's drafr(s)
at sight drawn on (name of financial institution). Tach draft
accompanying documents must state "Drawn-Under (name of financial
institution) Documentary Credit No. (number)".
This Standby Credit is to provide security to the City of Huskego
certain Agreement dated (date of documentary credit) bets;een the
for the-performance of (applicant's name) obligations under that
City of Muskego, and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating
t,hat (applicant's name) has failed to complete the construction
of (type Gf improvements) in accordance with said Agreement.
Said statement shall set forth the estimated amounc necessary for
the City of Muskego to complete such improvements.
CONTINUED ON PAGE TWO (2) WHICH IS AN INTEGRAL PART OF THIS
STANDBY CREDIT.
-1 5-
P.4GE 2, AN INTEGRAL PART OF STANDBY CREDIT NO.
SPECIAL CONDITIONS :
terminate on the -@day
provided, however, (name of financial
written notice to the beneficiary of its
s standby credit t leasc 90 days prior
to said day of L+ 1'3d After said date
notice to the benificiary.
this letter of credit ca nly terminate upon 90 days written
TI . It is hereby agreed by all parties hereto that the reference to
npreement" is for identification purposes only and such
of financial institution), to inquire into its terms and
reference shall not be construed in any manner to require (name .,
obligations.
Ve encourage 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 Credit nust
be submitted to us together with any drawings hereunder for our endorsement of zny p2.yments e€:ec:ed by us and/or Cor
cancellation.
Very truly yours,
(name oE financial institution)
Authorized Signature
-1 6-
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #74-90
APPROVAL OF FINAL PLAT Et SUBDIVIDER'S AGREEMENT
(Woodside Estates)
WHEREAS, a Final Plat
Estates Subdivision in the SE 1/4 of Section 17, an
WHEREAS, the Preliminary Plat was approved in Re tion /)204-89
on July 25, 1989, and
WHEREAS, the Plan Comm
WHEREAS, the Subdivide
approval by the Finance Committee.
NOW, THEREFORE, BE IT
City of Muskego, upon the recom
does hereby approve the Final P
ion of the Plan Commission,
Estates Subdivision su
all objecting and appr
any and all attorney, engin
BE IT FURTHER RESOLVED the Subdivider's Agreement is hereby
approved subject to ap 1 of the City Attorney.
DATED THIS , 1990.
/ Ald. Daniel J. Hilt
ATTEST : /
City Clerk
3/90
jz