CCR1990260COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #260-90
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT
AND LETTER OF CREDIT
(Breann Ridge Subdivision - Kozey)
WHEREAS, a Final Plat has been submitted for the 6 lot Breann
Ridge Subdivision in the NW 1/4 of Section 10, and
WHEREAS, the Preliminary Plat was approved in Resolution #210-50,
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.
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 6 lot Breann Ridge
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, and
approval of the rezoning from RSM to KSM/OPD.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter
of Credit, as attached, is hereby approved subject to approval of
the City Attorney and City Engineer.
DATED THIS 17th DAY OF November , 1990.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST:
City Clerk
SUBDIVIDERS AGREEMENT
by and between G€W LD
and the City of Huskego. a municipal corporation of the State of Wisconsin, located in Waukesha County, herefnafter called the
"City".
This agreement, made this day of n/Or/EYB&L ,1990
l&Z€Y , the "Developer",
WITNESSETH -3
proposed final plat for BREANN RIDGE SUBDIVISION
WHEREAS, Developer has submitted for approval by the City a
residential subdivision, a copy of which is attached hereto, made
.a
a part hereof and marked Exhibit "A" (the "Subdivision"); and
City may require that the Developer make and install certain
that as a condition of plat approval, the governing body of the
public improvements reasonably necessary for the Subdivfsion and
other ways vithii the Subdivision, to.be conditioned upon the
further, may require dedication of public streets, alleys or
construction of said improvements accordinz to muntcipal
specifications without cost to said munlcipaliey; and
WHEREAS, Section 236.13 of the Wisconsin Statues provides
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UHEREAS, the City's Engfneers have duly approved the
Developer's plans and speciflcatfons for subdivision improvement
and the Common Council has duly approved and authorized the terms
and provisions of this agreement and approved the ftnal plat
NOU, THEREFORE, in consfderation of the covenants herefn
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
streets in accordance with the Dlat of said Subdivision and the
A. Roads and Streets: Grade and improve all roads and
plans and specifications attachhd hereto, made'a part hereof and
marked Exhlbic "8". all in accordance with the City's street
speciftcations.
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, furnish and provide adequate
facilities asy+$roved by the City engineer and Public Works
Committee f,&stom and surface water drainage throughout the
entire subdtvss'ion, in accordance with the plans and
specificati,jas .attached hereto, made a part hereof and marked
1"' 2. The City shall furnish to the Developer such
&hibit
property -to enter upon and install the above described surface
permits'or easements as may be required in any public street or
water-drainage system.
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complete syst- water supply and distribution, throughout the
entire subdivision, as approved by the City Engineer and in
accordance with the plans and specifications attached hereto as
Exhibit I'D". The cost of the preparation of as-built plans shall
be paid by the Developer.
C. WATER: Construct, install, furnish, and provide a
D. SANITARY SEWER: Construct, install, furnish, and
provide a complete sanitary sewage collection system throughout
the entire subdivision, all in accordance with the plans,
specifications and drawings attached hereto as Exhibit "E". The
cost of the preparation of as-built plans shall be payed by the
Developer.
E. LANDSCAPING :
the construction of Subdivisions improvements.
outbuildings, destroyed trees, brush tree trunks, shrubs ana
other similar natural growth, and all rubbish.
accordance with section 8.13 of the Nuskego Land Division
Ordinance and Resolution #P.C. 72-76.
1. Preserve existing trees, whereever possible, in
2. Remove and lawfully dispose of all old barns,
3. The Developer shall plant street trees in
F. ROADSIDE DITCHES: Must meet City of Muskego
specifications.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
comleted by the Developer in total within twelve (12) months of
The improvements set forth in Section I above shall be
the date of this agreement or recording of the final plat,
whichever date comes first.
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PAGE 3. Subdivider's Agreement
SECTION 111. DEDLCXTION:
Developer shall, withqut charge to the City, upon completion of
Subject to all of the other provisions of this agreement,
the above described improvements, unconditionally give, grant.
convey and fully dedicate the roads and streets, storm and
surface water drainase facilities to the City, its successors and
assigns. forever, free and clear oE all encumbrances whatever
enumeration, any and all land, buildings. stmctures, mains,
together with and including, without limitation because of
conduits, pLpes 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 all necessary
easements for access thereto.
A
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
required and at the times specified in Section 10 of its Land
Division Ordinance
The Developer s:hall pay and reimburse the City all fees as
SECTLON V. HISCELL~LYEOUS REQUIREMENTS:
The Developer sxall:
land deemed necessary by the City Engi,neers before the final plae
is signed, provided such easements are so located as not to
render any lot unbuildable or 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 r-raEfic siins.
A. Easeme5rs: Provide any easements on Developer's
C. banner 3f Performance: Cause all construction
call.ed for by this asreement to be carried out and performed in a
good and woricPanlike-manner.
survey or other monments required by statute or ordinance.
restrictions in the form attached hereto, made a part hereof and
marked Exhibit "F".
City a copy of ExhLbit "C" showing the street grade Ln front of
each Lot. the yard zrade and the 'grade of all four corners o€
each lot.
D. Survey ?lonurnents: Properly place and install any
E. Deed Restrictions: Execute and record deed
F. Grades: Furnish to the Building Inspector of the
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G. Street Lights: Install screet lights in accordance
vith Section 9.11 of the City's Land Division Ordinance.
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a Page L: Subdivider's Agreement - H. Sight Distances: Restrict Lots so that no fence, vall,
hedge, or shrub planting which obstructs sight Lines at
elevations between ,Tvo (2) and Six (6) feet above the roadva7s
shall be placed or permitted to remain on any corner lot vit'lin
line connecting them at points twenty-five ( 5) feet from the
the triangular area formed by the street pro erty lines and a
ineerseceion of the street lines, or in the case of a rounded
roperty corner, from the intersection of the street property
fines extended.
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SECTIOX VI. GUARANTEES:
The daveloper shall gaurantee all improvements described in section I a sins* defects due to faulty materials or
vorkmanship providef 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 pr0pert.y resultino-
not be a bar to any action the City might have for negligent
from such faulty materials or vorkmanship. This guarantee shall
vorkmanship or materials. Wisconsin law on negligence shall
goven such sitation.
0 SECTtOS VII. GENERAL INDEYNITY:
In addition to, and not to the exclusion or 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 enployees, and shall defend' tSe
same from and .against any and all liability,. claims, losses,
damages, interest actions, suits, judgments. costs, expenses.
vhomsoever and vhenever brought or obtained, which may in any
attornel's fees, and the like to whomsoever owed and by
manner result from or arise in the course oE, out of, or as a
result o€ the Developer's negligent construetion or operation of
ordinance, the infringement by it of any patent, trademark, trade
improvements covered thereby, or its ir.iolation. of any la-2 or
name or copyvrfte. and its use'of road fmprovements prior to
thier fomal dedicacion and acceptance by the City.
SECTION VIIL. AGREEYENT FOR BENEFIT OF PURCHAS.ERS:
The Developer aarees that in addition to the City's rights
herein. tSe provfsions oE this agreement shall be for the beopfit
of land in the Subdivision.
of the ?mJrchaser OF any lot or any interest fn any Lot oc parcel
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a Page 5: Subdivider's Agreement.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the
improvements herein required, and shall dedicate the saxe to the
City as set forth herein, the save shall be accepted by the City
agreement and as required by applicable City ordfnances and other
ff said improvements have been completed as required by thfs
applicable law and approved by the City Engineers.
SECTION X. EROSION CONTROL PW! AND PERHIT:
'The Developer shall submit to the City, an aPP1icarion for a
with the requtrements of Sectioq 29.06 of the City's ErJshn
land disturbing permit and an erosion control1 plan in accordance
Control Ordinance (Ord. 1560).
SECTION XI. CONSTRUCTION PERMITS. ETC...:
1. The City shall, within its authority, issue such
permits, adopt such resolutions, and execute such documcnts as
may be necessary to permit Developer to construct the
improvements in accordance with the plans and specificacions
called for by this aqreement, upon Developer's compliance with .
ordinances or-regulations; and the City shall cooperate with the _.
any deposit provisions or other requirenents of the applicable
as may be necessary from othet authorities having jurisdiction in
Developer in obtaining similar permits, resolutions and documents
the premises.
2. The City shall, as a condition of the Developer
executing this agreement, make avaLLabLe to the Deve.&oper or its
nominee successors or assigns, buildtng permits for the
construction of .eight- family re5idences subject to the
provisions of Section XIL. _.
SECTION XII. BUILDING AND OCCUPAVCY FEWITS:
building permits shall be issued, nor shall any occupancy permits
be issued for any..of the eiijht family residences, -
until the City's Engineers have determined .that:
Lt is expressly understooa and agreed that no
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X. The sewer and surface 'rater drainage EacilLzies
required to serve such homes are connectd wtch an operacion 0 system as required herein, and - 5-
Page 6 : Su5divider's agreement. e B. That the City's Engineers have approved the
condition or' the roads then existing to serve such homes as
sufficient ;o service the traffic reasonably anticipated during
dedicated.
the period trior to the date when the roads must be .completed and
SECTION XIIT. GENERAL CONDITIONS AND REGULATIONS:
herein by reference. and all such provisions shall bind the
All the provfsions 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 work and
isprovements required hereunder shall be perfomed 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 with the City a letter of credit setting
amount .of S f3r.ooo.oo as a guarantee that the requlred
forth terms and conditions approved by the City AttoFnev .in the .
subcontractars no later than one (1) year from the date of the
improve!nents will be completed by the Developer and his
recording of the final plat or the date of the agreement,
whichever date comes first, and as a further guarantee that all
obligations to the subconcractors for work on the development are satisEied. . ..
SECTION XV. PARTIES BOUND:
Developer or its assignees shall be bound by the 'terms of
this agreement or any part herein as Lr applies to any phase of .
the development of the subdtvis'ion.
IN WITXESS.HEREOF, Developer and 'Ci ty have caused this
agreement to be signed by their,approptiate officers and their
seals to be'Yereunto affixed in'duplfcace -oriqhal counterparts
on the day and .year first -urttten abqe~. .
DEVELOPER
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" - . CITY OF -MUSKEGO
By : Vayne .G. Salentine, Hayor
CXLPREPLXT
By: .
Jean xarenda, Clerk
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"
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
- CRiDIT NO:
DATE AMOUNT
NOV lLt, ,970 $;3/,000.00
BANK - APPLICANT
STATE BANK HALES CORNERS GERALD AND CONSTANCE KOZEY
MUSKEGO BRANCH
MUSKEGO, WI 53150
576 W17655 JANESVILLE RD.
BENIFICIARY
CITY OF MUSKEGO EXPIRY DATE:
W178 S8200 RACINE AVENUE ,C,ca. [q, 199Zat OUT Counters
MUSKEGO, WI 53150
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor
The city of Muskego which is available by benificiary's draft(s)
at sight drawn on State Bank of Hales Corners-Muskego Branch.Each 0 Hales Corners-Muskego Branch Documentary Credit No. )number) 'I.
draft accompanying documents must state "Drawn Under State Bank
This Standby Credit is to provide security to the City of Muskego
for the performance of Gerald and Constance Kozey obligations under that
Gerald and Constance Kozey.
certain agreement dated Nov/4,lqqo between the city of Muskego, and
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the mayor of the City of Muskego stating
that Gerald and Constance Kozey has failed to complete the construction
of all improvements of section I of the Subdividers Agreement in
accordance with said agreement. Said statement shall set forth the
estimated amount necessary for The City of Muskego to complete such
improvements.
. PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO.
DATED mov. 14, !vc
SPECIAL CONDITIONS:
I) This standby credit will terminate on the /qG day
of FiOrZMAR 1992 provided, however, of financial written notice to the beneficiary of its
intention to terminate this standby credit at least 90 days prior
to said jYm day of f€ARuALY 1992. After said date
this let- credit can only terminate upon 90 days written
notice to the benificiary.
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It is hereby agreed by all parties hereto that the reference to
Agreement" 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.
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We 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 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,
(name of financial institution)
Authorized Signature
CHLPREPLAT