CCR1990163COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #163-90
APPROVAL OF REVISED FINAL PLAT, SUBDIVIDER'S AGREEMENT
AND LETTER OF CREDIT
(Meadow Green West Addn. #1 - Boehm)
WHEREAS, a revised Final Plat has been submitted for Lhe 39 lot
Meadow Green West Addn. #1 Subdivision in the NE 1/4 of Section
16, and
WHEREAS, the Preliminary Plat was approved in Resolution #267-89,
as amended, and
WHEREAS, the Plan Commission has recommended approval, subject to
approval of the City Engineer, and
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee, and
WHEREAS, the property was rezoned to RS-2/L/SW/W(OPD).
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 revised Final Plat for the 39 lot Meadow Green West Addn. #1 Subdivision, subject to approval of the City
Engineer and all objecting and approving agencies, and receipt of
all fees as provided in Section 10 of the Land Division
Ordinance.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby
approved subject to approval of the City Attorney and City
Engineer.
DATED THIS 26th DAY OF June , 1990.
Ald. David J. Sanders
ATTEST :
City Clerk
6/90
jz
.-
SUBDIVIDERS AGREEMENT
This agreement, made this 27 day of Jude , 1990 by and
between Gregory J. Boehm, Gloria J. Boehm, Gary B. Boehm, and
Pamela A. Boehm, the "developer", and the CITY OF MUSKEGO, a
Waukesha County, hereinafter called the "City".
municipal corporation of the State of Wisconsin, located in
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a
proposed final plat for MEADOW GREEN WEST ADDITION #1, a resi-
dential 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 Statues provides that
as a condition of plat approval, the governing body of the Clty
may require that the developer make and install certain public
improvements reasonable necessary for the Subdivision and fur-
ther, may require dedication of public streets, alleys or other
ways within the Subdivision, to be conditioned upon the construc-
witout cost to said municipality: and
tion of said improvements according to municipal specifications
WHEREAS, THE City's Engineers have duly approved the Developer's
plans and specifications for Subdivision improvement ana the
Common Council has duly approved and authorized the terms and
provisions of this agreement and approved the final plat Qf
MEADOW GREEN WEST ADDITION #1
NOW THEREFORE, in consideration of the covenants h<!rein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
and streets in accordance with the plat of said Subdlvlslon and
the plans and specifications attached hereto, made a part. hereof
and marked Exhibit "B", all in accordance with the City's stre??
specifications.
A. Roads and Streets: Grade and improve all roads
B. Surface Water Drainage: Construct, install, furnlsh
and provide adequate facilities as approved by the City engineer
and Public Works Committe for storm and surface water rlrainaqe
throughout the entire subdivision, in accordance with the plans
and specifications attached hereto, made a part hereof dnd 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. Bike Path: Grade, finish, and dedicate the bike
path from Scenic Drive north to existing bike path; construction
@ and only on land that the Developer owns: Developer wiil improve
in accordance with specifications as attached and marked Exhibit "F"
entirely at its expense.
compLece system o€ water supply and dlstrlbutlon. throughout the
entlre subdlvlslon, as apprLved by the Cltv Enelneer and ln
accordance with the plans and speclflcatlons attached hereto as
Exhlblt "D".
D. Water: Construct, Lnstall, Eurnlsh and provlde a
I
provtrle a compleccsanltary gewaee collection svstem throughout
E. Sanltar.; Sewer: Construct. install, furnlsh and
ihe entlre subdlvlslon, all Ln accordance wlth the
:! speclElcatlona and drawlnqs attached hereto as Exhl it p:i..
F. Landscaplng:
the constructlon of Subdlvlslons Improvements.
outbulldlngs, destroyed trees, brush tree trunks, shrubs and
other slmilfar natural growth and all rubhlsh.
1. Preserve exlstlna trees, whereever posslble, in
2. Remove and lawfully dlspose of all old barns,
3. The Developer shall plant street trees
accordance wlth Sectlon 8.13 of the Muskeco Land Dlvislon
Ordinance and Resolutlorl IP.C. 72-76 or as agreed upon by lot
owner and Developer. 0 SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
completed by the Developer In total wlthln twelve (12). months of
The improvements set forth In Sectlon I above shall be
whlchever date comes Elrst.
the date oE this aqreement or recordLng of the flnal plat,
SECTLON ILL. DEDICATION:
Subject to all of .the other provlslons oE thls aereement.
Developer shall, ulthout charge to the Clty, upon compleclon of
convey and fully dedicate the roads and streets, !itorm and
the above descrlbed Improvements, uncondltlonally p.lve, erant.
asslens, forever. free and clear of all encumhrances whatever,
surface water dralnage facllltles to the Cltv, it:! successors and
together wlth and Includlna, without llmltatlon bl?cause of
enumeratlon. any and all land, bulldln~s, structuces, malns,
and heredltaments whfch may ln any way he a part c1f or pertain to
condults, plpes llnes plant, machlnerv, equlpment, appurtenances
such improvements and toqether ulth any and all nl?cessary
easements €or access thereto.
e SECTION LV. INSPECTIONS AND ADMINISTRATION I:'EES .- :
required and at the tines speclEled ln Sectlon IO of Lts Land
The Developer shall pay and relmhurse the Cl~.,v all fees as
-2-
..
3ivlslon Ordlnance.
0
SECTLON V. HISCELUNEOUS REQUIREMENTS:
The. Developer shall:
A. Easements: Provide any easements on Developer's
land deemed necessary by the CLty Eng,Lneers before the final plat
rerrder any lot unbulldable or unsaleable.
is slqned, provided such easement9 are so located as not to
B. Street Signs: Reimburse the City for the cost of
all street signs and posts and the cost o.f their Fnstallatlon,
thls to Lnclude all traffic signs.
called for by thls agreement to be carried out and perfomed in a
Eood and workmanllke manner.
survey or other monuments required bv statute or ordinance.
C. Manner of Performance: Cause all construction
D. Survey Xonuments: Properly place and install anv
E. Deed Restrictions: Execute and record deed
restricclons in the form attached hereto. nade a part hereof and ".~~"~~ ~~~ ~~~ ~ ~~ ~~
Tacked Exhibit "F".
City a copv of Exhibit "A" shoving the street erade ln front of
each lot, the yard grade of the erade of all four corners of each
lot.
G. Street Linhts: Install street Lights In accordance
with Section 8.11
H. Sight Dlstances: Restricc lots so that no fence.
of the City's Lanc; Division Ordinance.
.Aall, hedge, or shrub planting which obstructs slght lines at
elevations between Two (2) and Six (6) feet above the roadways
shall be placed or permitted to remain on any corner lor vithin
the triangular area formed by the street property lines and a
intersection of the street llnes, or In the case of a rounded
line connectlnq them at polnts twenty-Elve (25) feet Erom the
property corner, Erom the intersection of the street property
llnes extended.
F. Grades: Furnish to the Building Inspector of the
SECTIOY VI. GUARANTEES :
The developer shall gaurantee all improvements dezcribed
in Section I a ainst defects due to faulty materials or uorkmanship providecf chat such defects appear within a period of
one (I) year from the date of dedication and acceptance.
DeveLo?er shall pay for any damages to City propertv resulcino
not be a bar to any aceion the City mighe .have for negligent
from such fauley materials OK uorkmanship. This guarancee s5a.11
uorkmanship or materials. Wisconsin Law on negligence shall
govern such sitation.
SECTION VI[. GENERAL INDExNITY:
[n additLon to. and not to the eXClllslOn Or Prei'ldlce Of*
provls~ons of thls aqreement or documents Lnc-orPorated 'lereLn
-3-
e by reference, Developer shall indenniE,y and save h.~r.lLc..;.: the
City, Lts oEE1cet-s, aEents and employees, and shall deFe.at the
same from and against any and all' Ltahillty, claims, loss.*
'damages, lnterest actlons, sults, ludqments, costs, expenses,
attorney'.s fees, and the like to whomsoever owed and by
manner result from or arlse ln the co'urse of, out of, or as a whomsoever and whenever brought or ohtained, which may in anv
result of the Developer's negllaent construction or operation of
improvements covered thereby. or Its violation of anv law or
ordinance, the LnftlnRement by ft of any patelt, trademark. trade
name or copywrite, and its use of road Improvements prtor to
,I thelr formal dedlcation and acceptance by the City.
SECTION VIII. AGREEMENT FOR BENEFtT OF FSkCHASERS:
I The Developer agrees that in additton to the Citv's rights
herein. the provisions of this agreement shall he €or the heneflt
of the purchaser oE any lot or any lnterest in any lot or parcel
of land ln the Subdlvlslon.
1 SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: ' improvements herein required. and shall dedicate the same to the
City as set forth herein, the same shall be accepted bv the City
if said improvements have been completed as required bv this
aereenenc and as requlred by applicable City ordinances and other
applicable law and approved by the City Engineers.
As and.when the Developer shall have completed the
I
I I
SECTION X EROSION CONTROL PLAN AND PERMIT:
land disturbhe. permlt and an erosion control plan in accordance
wtth the requirements of Section 29.06 oE the Cit,y's Erosion
Control Ordinance (Ord. 6560).
The Developer shall submit to the City, an application for a
i
~ SECTION XI. CONSTRUCTION PERMITS. ETC..:
1 ..The Clty shall, wlthln its authority, Lssu.e such permits.
adopt such resolutions, and execute such documents as mav be
necessary to permlt Developer to construct the improvements in
accordance wtth plans'and speciEicatlons called for by this
provlsions or other requirements oE the applicable ordinances or
agreement, upon Developer's compltance wlth any deposlt
@ obtaining simtlar permits, resolutions and documents as mav be
reeulatlons; and the City shall cooperate with Developer fn
necessar.! from other authorities havlng ,JurLsdlctlon Ln the
premlseg.
2. The City shall, as a conditlon oE the Developer
executing this agreement, make available to the kveloper or its nominee
successors or assigns, buildinp permits for the construction OF single
family residences subject to the provisions of Section XTI.
SEnION XII. BUILDING AND OCCUPANCY FERMITS:
model homes. It is expressly understood and agreed that no building per-
llle Developer shall be allowed to construct no more thm six (6)
mits shall be issued, nor shall any occupancy permits he issued either
have determined that:
for the said model homes, or any other horns, until the City's Engineers
A. 'he sewer and surface water drainage facilities required
herein, and
to serve such homes are connected with an operatillfi system as required
B. That the City's Engineers have approved the condition or
as sufficient to service the traffic reasonably a~~ticil~atcd durillp the
the stone and gravcl basc for the roads then cxistillg to SCI'VC s11c.11 IIUIIICS
period prior to the date when the roads must be completed and dedicated.
SEnION XIII. GINERN. CONDITIWS AND REGUUTI(7NS:
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 lenpth herein.
performed and carried out in strict accordwcc with ;1nd sulrjcct to tllc
This agreement and all work and improvements required I~erelaltler ~11311 he
provisions of said ordinances.
All the provisions of the City's ordinances are incorporated herein
- SECTION XIV. FINNCIAL (;uARN\IllX
Prior to execution of this contract by the City, thc Ikvclopcr shall
file with the City a letter of credit setting forth terns ad conditions
approved by the City Attorney in the mglt of $ as a guarantee
that the required improvements will be completed by the Ikveloper a~d his
subcontractors no later than one (1) year from the date of the recording
of the final plat or the date of' the agreement, whichever date congs €irst,
and as a further guarantee that all obligations to the sllbcontractors for
work on the development are satisfied.
SECTION XV. PARTIES BOUND:
Developer or its assignees shall be bound by the te.rm5 of this ap.ree-
ment or any part herein as it applies to any phase of the develo!ment OF
the Subdivision.
-5-
e
. be signed by their appropriate officers ant1 their seals to be hercunto af-
fixed in duplicate original counterparts on the day and year first written
above.
IN WIRlESS WEREOF, Developer and City hace caused this agreclmllt to
DEVELOPER CITY 01: MlLsKl:(;o
By :
RY J. BOEIlM WAYNE C. SALL.:NI'INIi, &).or
By : noKIA J. BUEFtM JElw FNWIM, Clerk
B. BOEtiM
-6-
NATIONAL
BANK
IRREVOCABLE STANJIBY DO-Y CREDIT
01 MY1 CO.*I_
CREDIT NO: 336 AMOUNT: $465,000.00
***Four hundred sixty-five thousand and 00/100***
DATE: June 12, 1990
APPLICANT: Gregory J. Boehm and Gloria J. Boehm,
husband and wife, and
Gary B. Boehm and Pamela A. Boehm,
W81 W16964 Woods Rd.
a partnership
Muskego, WI 53150
BENEFICIARY: City of Muskego EXPIRE DATE: September 12, 1991
8200 S. Racine Ave.
Muskego, WI 53150
Dear Sirs: We hereby issue this irrevocable documentary credit in your favor
(the beneficiary'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. 336".
This Standby Credit is to provide security to the City of Muskego for the
performance of Gregory J. Boehm and Gloria L. Boehm, husband and wife, and
Gary B. Boehm and Pamela A. Boehm, a partnership, obligations under that
certain Agreement dated June 12, 1990 between the City of Muskego and applicants.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that Gregory J.
Boehm and Gloria 3. Boehm, husband and wife, and Gary B. Boehm and Pamela A.
Boehm, a partnership, have failed to complete the construction of all the
shall set forth the estimated amount necessary for the City of Muskego to
improvements in Section I in accordance with said Agreement. Said statement
complete such improvements.
CONTINUED ON PAGE TWO (2) WHICH IS AN INTEGRAL PART OF THIS STANDBY CREDIT
5555 South 708th Street Hales Corners. Wisconsin 53730 174425-3200 FAX 425-1328
..
,
0
PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO. 336
DATED June 12, 1990
SPECIAL CONDITIONS:
The total amount of this Irrevocable Standby Letter of Credit shall be
reduced as per the City of Muskego's inspection and approval of payment
as work is completed.
This standby credit will terminate on the 12th day of September, 1991 provided,
however, Tri City National Bank of Hales Corners shall give written notice to
days prior to said 12th day of September, 1991. After said date, this letter
the beneficiary of its intention to terminate this standby credit at least 90
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
any manner to require Tri City National Bank of Hales Corners, to inquire into
for identification purposes only and such reference shall not be construed in
its terms and obligations.
We encourage with you that drafts drawn under and in compliance with the terms
This original Standby Credit must be submitted to us together with any drawings
of this credit will be duly honored if presented on or before the expiry date.
hereunder for our endorsement of any payments effected by us and/or for
cancellation. The amounts drawn under this Letter of Credit shall not exceed
$465,000.00.
This credit is subject to the Uniform Customs and Practice for Documentary
Credits (1983 Revision) International Chamber of Commerce, Publications 400.
Very truly yours,
TRI CITY NATIONAL BANK
OF HALES CORNERS
GJJllas
I
I i I I