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CCR1991266AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #266-91 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Country Brook Estates 0 WHEREAS, a Final Plat was submitted on July 12, 1991 for the 23-lot Country Brook Estates Subdivision in the SE 1/4 Of Section 16, and WHEREAS, the Preliminary Plat was approved in Resolution #159-91, and WHEREAS, the Plan Commission has recommended approval, and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Country Brook Estates, 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 Country Brook Estates, 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 amended Subdivider's Agreement hereby approved subject to approval of the City Attorney and City Engineer, and subject to the approval of the Letter of 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 authorized to sign the necessary documents in the name of the City. DATED THIS 22ND DAY OF OCTOBER , 1991. and Letter of Credit for Country Brook Estates, as attached, is SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders 0 This is to certify that this is a true and accurate copy of Resolution #266-91 which was adopted by the Common Council of the City of Muskego. .3r.)cb"LJ 10/9lcac I COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #266-91 APPROVAL OF FINAL PLAT. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #266-91 APPROVAL OF FINAL PLAT. SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Country Brook Estates WHEREAS, t ched, and the Finance Committ NOW, THEREFORE, BE Council of the the Plan Commission, ry Brook Estates, all objecting and approving agencies, and as provided in BE IT FURTHER RESOLVED that hereby approved subject to ap ity Attorney and Credit by the City Attorney, all rovals to be City Engineer, and subject to f the Letter of approval of this the name of the Clerk are hereby City. DATED THIS DAY OF I / SPONSORED k(y : I I This is to Resolution # the City of 91 which was adopt 10/9lcac City Clerk . SUBDIVIDERS AGWEMENT This agreement, made this'22day of August , 1991 by and betxeen Donald G Kill-er , ths"developer", md the City of Muskego, a municipal corporation of the State of Xisconsin, located in 'Jaukesha County, hereinafter called the "City" - WITNESSETH ,... 7- ,-nzRZ:%S, Developer has submitted for approval by the City a proposed final plat for Country Brook Estate, a rezidential subdivision, copy of which is attached hereto, made a part hereof 2nd narked 3hibit "A" (the Subdivision"); and ,..:~LL,AS, Section 236.15 of the ':;i.?consin Stat:les providss that 2s z condition of plat approval, the governing body of the City '...""I require that the Developer m2ke md install certain ?ub.:.ic irnprcvements reasonably necessary for the Subdivision and furtiner xay recuire dedicetion of public streets, allsys or other ~';ays .-ithin t3e Subdivision, to be conditioned upon the construction ;,f I_. -cl= - i A inprovements according to municipal 53ecification ?ithout - ,.. '=-?i?pc .-_-, thz City's Zngineers have duly approved the DeveSoper's cost ta -2id municipality; and 2ians and specifications for subdivision improvement and the Common Council has duly approved and authorized the terms and provicions of this agreement and approved the final plat. - . P, i': u,: , TXZ?EFO.X?, in consideration of the coveilants herein contained, thE 2arties herot? ZgFee as follows: SZCTIGN 5. IIh?RCVZZXTS : The develcpr, entirely at its ex=%ns6. shall: A. lioads Zi1,: Streets: Grade and i;;;i?rove all roads and streets in zccc-rdance xith the p1-2+, of sai5 Subeivisim and the 21211s 2nd specificztions attached hersto. azcis a ?art hereof a?d marked ?-:hibit 3, 21.1, in accordance v,ith the City's street specifications. PAGE 2, Subdividers Agreement B . SURFACE WATER DRAINAGE: 1. Construct, install, furnish and .provide adequate facilities. approved by the City engineer and Public Works Committee for storm v.ith the plans and specifications attEched hereto, made a part hereof and and surface T.*ater drainage throughout the entire subdivision, in accordance marked Exhibit " C ". as may be required in any public street or property to enter upon and install 2. The City shall furnish to the Developer such permits or easement the above described surface water drainage system. C. WATER: Construct, install, furnish, and provide a complete system of vater supply and distribution, thrmghout the entire subdivision, as approved by the City Engineer and in accordance with the plans and specifitions attached hereto as Exhibit D ". The cost of the preparation of as-built plans shall be paid by the developer. Subdivider shall complete, the the satisfaction of the City Engineers, any remaining punch list items concerning the .J.ater system within 30 days after connection of the first residence to the water system. sanitary sewage collection system throughout the entire subdivision, all as Exhibit " E I*. The cost of preparation of as-built plans shall be payed in accordance v;ith the plans, specifications and drawings attached hereto by the Developer. Subdivider shall complete, to the satisfaction of the City Engineers and remaining punch list items concerning the sanitary :e'er system -ithin 30 days after connection of the first residence to the sanitary ze" er zystem. E. LANDSCAPING: l.?reserve existing trees, >!:hereever possible, in the 2. Remove and lawfully dispose of all old barns, outbuildings, dectroyed conctruction of subdivisions improvements. tree?, bruch, tree trunks, shrubs, and similar natural growth, and. all rubbis 3. The Developer shall plant street trees in accordance r*.ith section 8.13 Of the Muskego Land Division Ordinance and LResolution 8 P.C. 72-76 . F. ROADSIDE DITCHES: Must meet City of Muskego specifications. D. SANITARY SEWER: Construct. install, furnish, and provide a complete e G. EROSION CONTROL MEASURES : 1. Subdivider shall construct, install, furnish, and provide a complete system of Erosion Control Devices in specified areas of the Subdivision, as approved by the City Engineer and in accordance with the plans and specifications attached hereto as Exhibit It F " . 2. Subdivider shall install erosion control devices as specified in Exhibit " F It prior to issuance of building permits. H. PRIVAC? BERM: -~ l. Construct and install a privacy berm on lot. 1, and lots 5 thru 13 in accordance .-ith the plans and specifications attached hereto as - Exhibit '' C It . 2. Developer :hall construct the berm at the time of site grading and inctall a vegetation ground cover on the entire berm prior to ilk of a building pernit for lot 1, and lots 5 tkru 13. ==uance 2 PAGE 3, Subdivider's Agreement SECTION 111, DEDICATION: Subject to all of the other provisions of this agreement, Developer shall, without charge to the City, upon completion of the above described the roads and streets, storm and surface water drainage facilities, improvements, unconditionally give, grant, convey and fully dedicate v.ater facilities and sanitary sewer facilities to the City, its successors and assigns, forever, free and clear of all encumbrances whatever together 'I.ith and including, r-ithout limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines plant, machinery, equipment, appurtenances and hereditament Vhich may in any "~ay be a part of or pertain to such improvements and together with any and 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 and at the times specified in Section 10 of its Land Division Ordinance. SECTION V. MISCELLANEGUS REQUIREMENTS t The Developer shall; A. EASEMENTS: Provide any easements on Developer's land deemed necessary by the City Engineers before the1 final plat is signed, provided unsaleable. such easements are so located as not to render any lot unbuildable or B. STREET SIGNS: Reimburse the City for the cost of all street signs and posts and the cost of their installation. this to include all traffic signs. C. MANNER OF PERFORMANCE: Cause all construction called for by thiF agreement to be carried out and performed in a good and y,.or!nnan.like manner. D. SURVEY MONUMENT:: 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 " F ". of Exhibit "A" shov.ing the street grade in front of each lot, the yard F. GRADES: Furnish to the Building Inspector of the City a copy grade and the grade of all four corners of each lot. Section 8.11 of the City's Land Division Ordinance. G. STREET LIGHTS : Install street lights in accordance :..ith 3 Page G: Subdivider's Agreement H. Sizht 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 roadwavs shall be placed or permitted to remain on any corner lot witsin the triangular area formed by the street pro erty lines and a line connecting them at points twenty-five ( ! 5) feet from the intersection of the street lines, or in the case :of a rounded propercy corner, from the intersection of the street property lines extended. SECTIOS VI. GUARANTEES : The developer shzll ="ranfae all improvenezts described i~ Section I a~~~r& defects due to faulty-materials or vorkmanship provided chat such defects appear within a period of one (1) year from the date of dedication and acceptance. The Develo?er sSaLl pay for any damages to City property resultinp from such faulty nattrials 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 sitation. SECTION VII. GENEk4L INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this a~reegent or documents incorporated herein by referznce. Deveioper shall indemnify and save harsless the City, its officers, agents, and employees, and shall defend the damages, interest actions, suits, judgments. costs, expenses. same fram and against any and all Liability,. claims, losses, attorne7's fees, and the like to whomsoeGer 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 construition or operation of isproverients covered tSereby, or its :v-iolation of any law or ordinance. the infringement by it of any patent, :trademark, erade name or copywrtte. and its use'of road improvements prior to thier fonal dedicacion and acceptance by the City. . SECTION VIII. AG2EEUEXT FOR BENEFIT OF PURCHAS.ERS: The Developer azrees that in addition ta the City's rigSts herein. the provisions of chis aqreenent shall be for the becefit 05 :he ;-rchaser 0- C any lot or any int2res: in any lot or parcel of land in the Subdivision. 4 Page 5: Subdivider's Agreemerit. SECTION IX. ACCEPTANCE OF WORK >ND DEDICATION:, improvements herkin 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 cor?$leted as required by this agreement and as required by appllcable City ordinances and other applicable law and approved by thc City Engineers. As and .:,hen the Developer shcl.1 have completed the SECTION X. EROSION CONTROL P-UN AND PERMIT: The Developer shall submit to the City, an application for a with the requiremints of Section 29.06 of the City's Erosion land disturbing permit and an erosion control1 plan in accordance Control Ordinance ( Ord. #560 ). SECTION XI. CONSTRUCTION PERMITS, ETC. I. The City shall, within its authority, issue such permits. adopt such resolutions, and execute such documents as may be necessary to permit Developer to construct the improvements in accordance vrith the plans and specifications any depozit provisions or other requirements of the applicable called for by this agreenent, upon Developer's compliance with Develooer in abtaining similar permits, resolutions and documents ordinances or regulations: and the City shall cooperate with the as may be necessary from other authorities having jurisdiction in the premises. executing this agreement, make available to the Developer or its nonines successors or assigns, building permits for the construction of single family residences subject to the provisions of Section XII. 2. The City shall, as a conditionof the Developer SECTION XII. BUILDING AND OCCUPANCY PERMITS: ( 2 ) model homes. It is expressly understood and agreed that no other homes until the City's Engineers have determined that: occupancy permits be issued either for the said model homes, or any The Developer shall be allowed to construct no more than t-KO required to serve such homes are connected with an operation system as required herein, and A. The sewer and surface water drainage facilities 5 fage '6: Subdividw's agroenent. 2. That th? ,;it>r's =;l&inzers haw apgT.3vsd the =on!li-ti.on :>? tile roalis t;l?n Pxistiqg ta serm sa211 hnes as sufficient to service the traffic reasonably anticipated during the period prior to the date when the roads must be completed and dedicated. 0 SZCTION XIII. 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 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 forth terms and conditions approved by the City Attorney in the amount of $ 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 v-hichever date comes first, unless an' earlier date is provided recording of the final plat or the date of the agreement. for in this agreement. and as a further guarantee that all obligations to the subcontractors for *rork on the development are satisfied. SECTION XV. PARTIES aOUND: this agreement or any part herein as it applies to any phase of the development of the subdivision. Developer or its assignees shall be bound by the terms of IN WITNESS HEREOF. Developer and City have caused thik agreement ot 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. DEVELOPER CITY OF MUSi(EGO Wayne G. Salentine, Mayer By : Jean Marenda. Clerk 6 a IRREVOCABLE STANDBY CREDIT CREDIT NO: XxxXX AMOUNT: USD 420,000.00 October 23. 1991 Four Hundred Twenty Thousand and OO/lOO U.S. Dollars APPLICANT: Donald G. Miller S82 W17310 Woods Road Huskego. WI 53150 BENEFICIARY: City of Muskego W182 S8200 Racine Avenue Muskego. WI 53150 EXPIRATION DATE: January 20. 1993 at our counters. Dear Sirs: We hereby issue this irrevocable standby credit in your favor (the beneficiary's) which is available by beneficiary's draft(s) at sight drawn on Bank One, Milwaukee, NA available with ourselves. Each draft accompanying documents must state "Drawn under Standby Credit No. xXXXX". This Standby Credit is to provide security to the City of Muskego for the performance of Donald G. Miller's obligations under that certain Agreement dated October 23, 1991 between the City of Muskego and DoEald G. Miller. ACCOMPANIED BY THE FOLLOWING DOCUMENTS:SP:T;,~j; &L *q:. ."zwmd F Beneficiary statement certifying that: "I, Muskego and certify that Donald G. Miller has failed to complete the construction set forth the estimated amount necessary for the City of Muskego to complete such improvements. SPECIAL CONDITIONS: This Standby Credit will terminate on the 20th day of January 1993 provided. however, Bank One, Milwaukee, NA gives written notice to the beneficiary of its intention January, 1993. After said date this letter of credit can only terminate upon 90 to terminate this standby credit at least 90 days prior to the said 20th day of days written notice to the beneficiary. It is hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and such reference shall not be construed in any manner to require Bank One, Milwaukee, NA to inquire into its terms and obligations. CONTINUED ON PAGE TWO (2) WICH IS Ah' INTEGRAL PART OF THIS STANDBY CREDIT. I-c :;bp , am Mayor of the City of of in accordance with said Agreement". The said statement shall . Raekert I Melke August 21,1991 Mr. Gene Kovacs, Director City of Muskego W 182 S8200 Racine Avenue P.O. Box 903 Muskego, WI 53150 RE: Country Brook Estates Subdivision Phase I Construction Dear Gene: subdivision, Phase I Development, we have the following comments. Upon review of the bid construction costs for the construction of the above We recommend a total construction letter of credit of $420,000 for this subdivision. We have added in our costs plus costs for erosion control, an amount for restoration due to damage of property and an amount for street lights and signs. Very truly yours, RUEKERT & MIELIE, LNC. FRjr:psh cc: Oscar Dittrich, Dittrich Engineering, Inc.