CCR1990094COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 1/94-90
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT &
LETTER OF CREDIT
(Woodcrest Heights Addition No. 1)
WHEREAS, a Final Plat has been submitted for the 38 lot Woodcrest
Heights Addition No. 1 Subdivision, and
WHEREAS, the Preliminary Plat was approved in Resolution 11168-87,
dated July 28, 1987, and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
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,
does hereby approve the Final Plat for the 38 lot Woodcrest
Heights Addition No. 1 Subdivision, subject to the approval of
the City Engineer and all objecting and approving agencies; and
administrative, etc. fees.
receipt of payment of any and all attorney, engineer,
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby 0 approved subject to approval of the City Attorney.
DATED THIS 24th DAY OF April , 1990.
Ald. David J. Sanders
ATTEST :
City Clerk
4/90
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10708 W. Janesville Rd.
Hales Corners. WI 53130
INAHE AND 4DDR€SS OF ISSUING 0ANXI
AMOUNT $260,000.00
TO City of Muskego
Muskego, WI 53150
NO. 9007 DATE April 24, 1990
WE HEREBY AUTHORIZE YOU TO, DRAW ON US FOR THE ACCOUNT OF
UP TO AN AGGREGATE AMOUNT OF $260,000.00
We hereby issue this Irrevocable Standby Letter of Credit in your favor (the beneficiary's)
which is available by beneficiary's draft(s) at sight drawn on State Bank Hales Corners,
Hales Corners, Wisconsin. Each draft and accompanying documents must state "Drawn under
State Bank Hales Corners, Hales Corners, WI, Letter of Credit No.9007.
This Standby Letter of Credit is to provide security to the City of Muskego for the
performance of Robert W. Klenz & Harold R. DeBack, d/b/a Klenz DeBack Partners obligations
Harold R. DeBack, d/b/a Klenz DeBack Partners and the City of Muskego, property reference
to complete all improvements required by Subdividers Agreement between Robert W. Klenz &
currently being Tax Key No. MSKC 2223.991 and MSKC 2221.992.
Drafts are to be accompanied by a statement by the Mayor of the City of Muskego stating
bert W. Klenz 6 Harold DeBack, d/b/a Klenz DeBack Partners has failed to complete the
AVAILABLE BY YOUR DRAFTlSl AT SIGHT TO BE ACCOMPANIED BY
a
set forth the estimated amount necessary for the City of Muskego to complete such
Improvements.
struction of all improvements in accordance with said agreement. Said statement shall
Special Conditions: See Reverse Side
SPECIAL INSTRUCTIONS:
ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT,
PARTIAL DRAWINGS PERMITTED 0 NOT PERMITTED.
ALL DRAFTS MUST EEMARKED'TIRAWN UNDER LmEROF CREDITOF State Bank Corners INAMt Oi ISSUING 0ANLl
NO. 9007 DATED -, lS_g[L."
CHAMBER OF COMMERCE BROCHURE NO. 400. WE AGREE WITH YOU TO PAY DRAFTlSl DRAWN UNDER AN0 IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11983 REVISION). INTERNATIONAL
OF THIS CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS LETTER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON
-, 19L. State Bank H
Stock No. 11244
It is hereby agreed by all parties hereto that the reference to "Agreement" is for
identification purposes only and such reference shall not by construed in any manner
to require State Bank Hales Corners, Hales Corners, WI. to inquire into its terms
and obligations. 0
The total amount of the Irrevocable Standby Letter of Credit shall be reduced as per
the City of Muskego's inspection and approval of payment as work is completed.
We hereby agree with you that drafts drawn under and in compliance with the terms of
this Irrevocable Standby Letter of Credit No. 9007 will be duly honored if presented
to the above mentioned drawee bank on or before
This Standby Letter of Credit will terminate on the 24th day of July, 1991 , provided
however, State Bank Hales Corners, Hales Corners, WI. shall give written notice to
the beneficiary of its intention to terminate this Standby Letter of Credit at least
ninty (90) days prior to said 24th day of July, 1991. After said date, this Letter
of Credit can only terminate upon ninty (90) days written notice to the beneficiary.
This credit is subject to the Uniform Customs and Practice for Documentary Credits
(1983 Revision) InternationalChamber of Commerce Publications 400.
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SUBDIVIDER'S AGREEMENT
WOODCREST HEIGHTS ADDITION #1
between KLENZ-DEBACK PARTNERS, the "DEVELOPERS", and the CITY OF
This agreement, made this 24th day of April, 1990 by and
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 City
a proposed final plat for WOODCREST HEIGHTS ADDITION #1, a
hereto, made a part hereof and marked Exhibit "A" (The
residential planned unit subdivision, a copy of which is attached
"Subdivision") ; and
condition of plat approval, the governing body of the City may
WHEREAS, 5236.13 of the Wisconsin Statues provides that as a
require that the Developers 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 Subdiuision, 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 improvements
and the Common Council has duly approved and authorized the terms
and provisions of this agreement and approved the final plat of
Woodcrest Heights Addition 111.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
The developers, entirely at their expense, shall:
A. Roads, Streets, Sewers and Water: Construct and install
Sanitary sewer and municipal water mains, grade and improve all
and the plans and specifications attached hereto, made apart hereof
roads and streets in accordance with the plat of said Subdivision
and marked Exhibit "B", all in accordance with the City's street
specifications.
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8. Surface Water Drainaqe:
facilities as approved by the City Engineer and Public Works
Committee for storm and surface water drainage throughout the
attached hereto, made a part hereof and marked Exhibit "C".
entire Subdivision, in accordance with the plans and specifications
1. Construct, install, furnish and provide adequate
2. The City shall furnish to the Developers 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. LandscaDina:
1. Preserve existing trees wherever possible, in the
2. Remove and lawfully dispose of all old barns,
construction of subdivision improvements.
outbuildings, destroyed trees, trunks, brush, shrubs and other
similar natural growth and all rubbish.
3. 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. #560).
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth 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 final plat,
whichever shall come first unless mutually extended.
SECTION 111. DEDICATION:
Developers shall, without charge to the City, upon completion of
Subject to all of the other provisions of this agreement,
the above described improvements, unconditionally give, grant,
water system, storm and surface water drainage facilities to the
convey and fully dedicate the roads and streets, sanitary sewer,
City, its successors and assigns, forever, free and clear of all
encumbrances, whatever, together with and including, without
limitations because of enumeration, any and all land, buildings,
structures, mains, conduits, pipes, lines plant, machinery,
a part of or pertain to such improvements and together with any and
equipment, appurtenances and hereditaments which may in any way be
all necessary easements for access thereto.
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
required and at the time specified in Chapter 10 of its Land
The Developers shall pay and reimburse the City all fees as
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Division Ordinance.
SECTION V. MISCELLANEOUS REOUIREMENTS:
The Developer shall:
A. Easements: Provide any easements on Developers land
deemed necessary by the City Engineers before the final plat
any lot unbuildable or unsaleable.
is signed, provided such easements are so located as not to render
B. Street Sisns 6 Lights: Reimburse the City, the cost of
all street signs, posts and lights and the cost of their
installation, this to include all traffic signs.
by this agreement to be carried out and performed in a good and
C. Manner of Performance: Cause all construction called for
workmanlike manner.
D. Survey Monuments: Properly place and install any survey
or other monuments required by statute or ordinance.
E. Deed Restrictions: Execute and record deed restrictions
in the form attached hereto, made a part hereof and marked Exhibit
"D" .
copy of Exhibit "C" showing the street grade in front of each lot,
F. Grades: Furnish to the Building Inspector of the City a
the yard grade and the grade of all four corners of each lot.
G. Street Trees, Berms and Plantinqs: Construct an earth
berm on Racine Ave. to the rear of lots abutting Racine Ave. and
require by Deed Restriction street tree plantings in accordance
with Res. PC. 12-16.
SECTION VI. GUARANTEES:
The Developer shall guarantee the surface water drainage
A, B and C hereof, against defects due to faulty materials or
improvements and other improvements described in Section I. items
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 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. Wisconsin Law on negligence shall govern such
situation.
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
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its officers, agents and employees, and shall defend the same from
reference, Developers shall indemnify and save harmless the City,
and against any and all liability, claims, loss damages, interest
actions, suits, judgments, costs, expenses, attorneys 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' 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 of 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 Developers agree that in addition to he 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.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
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
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. CONSTRUCTION PERMITS, ETC.:
1. The City shall, within its 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 the plans and specifications called for by this
agreement, upon Developers' compliance with any deposit provisions
or regulations OK other requirements of applicable ordinances; and
the City shall cooperate with Developers in obtaining similar
permits, resolutions and documents as may be necessary from other
authorities having jurisdiction in the premises.
this agreement, make available to the Developers or the nominee,
2. The City shall, as a condition of the Developers executing
successors or assigns, building permits for the construction of
Thirty Eight (38) single family residences, subject to the
provisions of Section XI.
SECTION XI. BUILDING AND OCCUPANCY PERMITS:
The Developer shall be allowed to construct no more than two
(2) model homes. It is expressly understood and agreed that no
building permits shall be issued, nor shall any occupancy permits
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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
condition of the roads then existing to serve such homes as
B. That the City's Engineers have approved the
sufficient to service the traffic reasonably anticipated during the
period prior to the date when the roads must be completed and
dedicated.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances are incorporated
herein by reference, and all such provisions shall bind the parties
hereto and be a part of 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.
SECTION XIII. FINANCIAL GUARANTEE:
Prior to the execution of this contract by the City, the
Developers shall file with the City, a letter of credit setting
forth terms and conditions approved by the City Attorney, in the
amount of $260,000.00 as a guarantee that the required improvements
will be completed by the Developers and their subcontractors no
later than one (1) year from the date of the recording of the final
plat or the date of this agreement, whichever date comes first, and
as a further guarantee that all obligations to the subcontractors
for work performed on the development are satisfied.
SECTION XIV. PARTIES BOUND:
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.
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 duplicate original counterparts on
the day and year first written above.
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0 DEVELOPERS
- KLENZ-DEBACK PARTNER
€iY Robert W. Klenz
BY:
Wayne G. Salentine, Mayor
By: BY: Harold DeBack Jean K. Marenda, Clerk
~ This instrument was drafted by: Robert W. Klenz
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