CCR1991265AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #265-91
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Lake Point Estates West
WHEREAS, a Final Plat was submitted on June 25, 1991 for the
Section 10, and
28-lot Lake Point Estates West Subdivision in the SW 1/4 of
WHEREAS, the Preliminary Plat was approved in Resolution
#132-91, and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lake Point Estates West, as attached, and 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 Plan Commission,
does hereby approve the Final Plat for the Lake Point Estates
West Subdivision, subject to approval of the City Engineer and
provided in Section 10 of the Land Division Ordinance.
all objecting and approving agencies, and receipt of all fees as
BE IT FURTHER RESOLVED that the amended Subdivider's Agreement
and Letter of Credit for Lake Point Estates West, as attached,
City Engineer, and subject to the approval of the Letter of
is hereby approved subject to approval of the City Attorney and
Credit by the City Attorney, all of said approvals to be
obtained within thirty (30) days of the date of approval of this
Resolution or the same will be null and void.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
DATED THIS 22ND DAY OF OCTOBER , 1991.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certi fv that th
Resolution #265-9? which was adopted by the Common Council of
the City of Muskego.
,is is a true and accurate copy of
10/9lcac
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #265-91
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Lake Point Estates West
, a Final Plat was submitted on June 25, 1991 for the
t Estates West Subdivision in the SW 1/4 of
Preliminary Plat was approved
n Commission has
been received
Finance
of the Plan Commission,
Lake Point Estates
City Engineer and
of all fees as
City.
DATED THIS YAY OF , 1991.
I
This is to certify that this is a true and
Resolution #265-91 which was adopted by the
the City of Muskego.
0 10/9lcac - City Clerk
SUBDIVIDER'S AGREEMENT ,
and between Kaerek Builders, Inc., the "Developer, and the City of
This agreement, made this day of , 1991, by
Muskego, a municipal corporation of the State of Wisconsin, .located
in Waukesha County, hereinafter called the "City."
WITNESSETH
proposed final plat for Lake Point Estates West, a -residential
WHEREAS, Developer has submitted for approval by the City a
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.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION 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.
B. SURFACE WATER DRAINAGE:
1. Construct, install, furnish and provide adequate
Committee for storm and surface water drainage throughout the
facilities as approved by the City engineer and Public Works
attached hereto, made a part hereof and marked Exhibit "C".
entire subdivision, in accordance with the plans and specifications
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.
Revised 10/17/91
PAGE 2, Subdivider's Agreement
c. WATER:
1. Construct, install, furnish, and provide a
complete system of water supply and distribution, throughout the
accordance with the plans and specifications attached hereto as
entire subdivision, as approved by the City Engineer and in
Exhibit "D". The cost of the preparation of as-built plans shall
be paid by the Developer.
2. Subdivider shall complete, to the satisfaction
of the City Engineers, any remaining punch list items as to water
within 30 days after connection of the first residence to the water
systems.
D. SANITARY SEWER:
complete sanitary sewage collection system throughout the entire
drawings attached hereto as Exhibit "E".
subdivision, all in accordance with the plans, specifications and
The cost of the
preparation of as-built plans shall be paid by the Developer.
2. Subdivider shall complete, to the satisfaction
of the City Engineers any remaining punch list items as to sewer
within 30 days after connection of the first residence to the
Sanitary Sewer system.
1. Construct, install, furnish, and provide a
E. LANDSCAPING:
the construction of Subdivisions improvements.
1. Preserve existing trees, wherever possible, in
outbuildings, destroyedtrees, brush, treetrunks, shrubs and other
2. Remove and lawfully dispose of all old barns,
similar natural growth, and all rubbish.
3. The Developer shall plant street trees in
accordance with Section 8.13 of the Muskego Land Division Ordinance
and Resolution #P.C. 72-76.
F. BIKE PATH
North line of Bridgeport Way. The path shall be eight (8) feet
1. An asphalt bike path shall be installed along the
wide and shall be located five (5) feet off the curb line and will
be constructed by the Developer at a cost of $4,150.00. This cost
is to be paid from the park dedication fee account.
lots 26, 27, and 28 until the bike path has been installed.
2. There shall .be no occupancy permits issued for
G. EROSION CONTROL~PLAN AND PERMIT:
1. The DeveloDer shall submit to the Citv. an
application for a land distu;bing permit and an erosion cGntrol
plan in accordance with the requirements of Section 29.06 of the
City's Erosion Control Ordinance (Ord. #560).
2. Subdivider shall install the erosion control
devices as specified in . Exhibit "F" prior to the start of
construction.
3. The detention pond is to be seeded within fifteen
seeding.
(15) days after notice by the City of conditions favorable for
PAGE 3, Subdivider's Agreement
-SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be
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 unless the City directs otherwise.
SECTION 111. DEDICATION:
Developer shall, without charge to the City, .upon completion of the
Subject to all of the other provisions of this agreement,
above described improvements, unconditionally give, grant, convey
and fully dedicate the roads and streets, storm and surface water
drainage facilities, water facilities and sanitary sewer facilities
to the City, its successors and assigns, forever, free and clear of
all encumbrances whatever together with and including, without
structures, mains, conduits, pipes lines plant, machinery,
limitation because of enumeration, any and .all land, buildings,
a part of or pertain to such improvements and together with any and
equipment, appurtenances and hereditament which may in any way be
all 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:
deemed necessary by the City Engineers before the final plat is
A. Easements: Provide any easements on Developer's land
signed, provided such easements are so located as not to render any
lot unbuildable or unsaleable.
street signs and posts and the cost of their installation, this to
B. Street Siqns: Reimburse the City for the cost of all
include all traffic signs.
for by this agreement to be carried out and performed in a good and
C. Manner of-Performance: Cause all construction called
workmanlike manner.
survey or other monuments required by statute or ordinance.
D. Survey Monuments: Properly place and install any
Page 4, Subdivider's Agreement
E. Deed Restrictions: Execute and record deed
marked Exhibit "G" . restrictions in the form attached hereto, made a part hereof and
F. Grades: Furnish to the Building Inspector of the City
a copy of Exhibit "H" the site grading plan showing the street
grade in front of each lot, the yard grade and the grade of all
four corners of each lot.
G. Street Liahts: .Install street lights in accordance
with Section 8.11 of the City's-Land Division Ordinance.
H. Siaht Distances: .Restrict lots so that no fence, wall,
between Two (2) and Six (6) .feet above the roadways shall be placed
hedge, or shrub planting which obstructs sight lines at elevations
or permitted to remain on any corner lot within the triangular area
points twenty-five (25) feet -from the intersection of the street
formed by the street property lines and a line connecting them at
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 all improvements described in
Section I 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.
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
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, judgements, costs, expenses, attorney's
whenever brought or obtained, which may in any manner result from
fees, and the like to whomsoever owed and by whomsoever and
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
dedication and acceptance by the City.
copyright, and its use of road improvements prior to their formal
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer agrees that in addition to the City's rights
of the purchaser of any lot or any interest in any lot or parcel of
herein, the provisions of this agreement shall be for the benefit
land in the Subdivision.
PAGE 5, Subdivider's Agreement
0
0
0
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
improvements herein required, and shall dedicate the same -to the As and when the Developer shall have completed :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. CONSTRUCTION PERMITS, ETC...:
adopt such resolutions, and execute such documents as -may be
1. The City shall, within its authority, issue such permits,
necessary to permit Developer to construct the improvements in
accordance with the plans and specifications called for by this
agreement, upon Developer's compliance with any deposit provisions
or other requirements of the applicable ordinances or regulations;
and the City shall cooperate with the Developer in obtaining
other authorities having jurisdiction in the premises.
similar permits, resolutions and documents as may be necessaryyrom
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 provision of Section XII.
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
occupancy permits shall be issued either for the said model homes,
or any other homes until the City's Engineers have determined that:
facilities required to serve such homes are connected with an
A. The sewer, water facilities and surface water drainage
operation system as required herein, and
of the first lift of asphalt has been installed.
8. The Building Inspector verifies that the installation
PAGE 6, Subdivider's Agreement
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:
Developer shall file with the City a letter of credit setting forth
Prior to the execution of this contract by the City, the
terms and conditions approved by the City Attorney in the amount of
$ 376,000.00 as a guarantee that the required improvements will be
completed by the Developer and 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 comes first unless an earlier
date is provided for by this agreement, and as a further guarantee
that all obligations to the subcontractors for work on the
development are satisfied.
SECTION XIV. 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 by their appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts on
the day and year first written above.
KAEREK BUILDERS, INC. CITY OF MUSKEGO
By :
Wayne G. Salentine, Mayor
By :
Jean Marenda, Clerk
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CRElNT NO: 3U AMOUNT: $376,000.00
DA"J2-September 9,1991 AI'PLICANT: Knerek Builders, lnc
-BFENEEXCL4RE Clty of Muskego 2719 Soutb 60th Street Milwaukee, M 53219 wl82 S8200 Racine Avenue Mmskcga, WI 531501 i7L.f- pc- 9"+ EXPIRY DATE: -€992"
Dear Sirs:
which is available by beneficiary's dxaft(s) at sight drawn on First Bonking Center. Wt hC'!neb issue this hvodtlc documentary credit in your favor (the Cit), ttf Mushgo)
-5trriington. Each draft accompanying documents must state "Dram Under First
Bs&ng Center-Burlington's 1)ocumentay Credit Nu. 313".
l%ir Stsodby Credit is tu pmvide recurily tu the City of Muskego for tht prformane of
IhCeertk Builders, Inc's obligrltiuns under that certain Agreement dated September 9,
1991 between the CIQ of Muskego and applicnnt
B&WS.ARE TO BE ACCOMPANI-
A -terncat slgned ky the Mafor of the City of Muskego slating that Kmcrek Buildera, lac has failed to complete the construction of Lake hint Estates Subdivision - West In srmnrdancc with said Agreement Said statement shall set forth the estimated amount
ncmwarp for the City of Musksago to complete such improvements.
S4'W:ML CONDITIUNSt
Elis standby credit will tennillate on the 9th day of September, 1992 provided, however, First Banklng Centfr-Eurlia~;ton shd give written notlce to the bencficiory of its intentho to terminate this srrndby credit at least 90 days prior to said 9th dny of
Scpt~cmbE1; 1992. After srrld date, this letter of credit can mly terminnte upon 90 days
witten aotia to the heneUciaq:v.
II is hereby agreed by all parties hemto that the reference (0 "Agmmcnt" is for
ideatificatlan purposes only and such reference shall not be amstrued in my manner tu
rqrirr First Baaking Centcr-Burlington, to inquire Into its terms and obligations.
WE encourage 4th you that dmft(s) drawn under and In cornplinncc with the terms of
. this crtdit will k duly honoraj if presented on or bcrore the expiry date. This original
endomment of any papmots ctrected by us and/or for cancellation. Stantiby Credit must ke submitted to us together with any drawings hereunder for our
Sincerely.
First BnnMng Center-Burlington i/ rr-rc LL~IJLC 1
-
Post-It-brand fax transmittal memo 7671 *olpoo- /
7. * Flom
ICO.
JI1.9 - c ./Lk
September 4, 1991
Mr. Gene Kovacs, Director City of Muskego
W182 S8200 Racine Avenue P.O. Box 903
Muskego, WI 53150
RE: Lake Point Estates Subdivision - West
Dear Gene:
Upon review of the bid costs to establish the letter of credit for the above
subdivision, we determine the amount of the letter of credit as follows:
1. Sanitary, Storm sewer and watermain costs $194,500.00
2. Site grading $12,000.00
3. Fine grading, 8" stone base, curb and gutter
5-1/2" asphalt pavement and tack $125,000.00
4. Parkland Drive construction for 1/2 of 500 L.F. $16,000.00
5. Inspection and asbuilt preparation cost $24,000.00
6. Signs and Street Lights
TOTAL
$4.500.00
$376,000.00
subdivision is $376,000.00
The total recommended amount for the letter of credit for the above
Vey tru!y yours,
RUEKERT & MIELKE, INC.
FRjr:psh
cc: Michael Kaerek