CCR1991267AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #267-91
APPROVAL OF CERTIFIED SURVEY MAP
Ladwig Court -- Oschmann
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
WHEREAS, a Certified Survey Map was submitted on June 10, 1991
and revised on August 19, 1991 to finalize a 4-parcel division
of the Audrey Oschmann property on Ladwig Court in the NE
1/4 of Section 15; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Ladwig Court, 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 Certified Survey Map to finalize a
Court in the NE 1/4 of Section 15 subject to receipt of all fees
4-parcel division of the Audrey Oschmann property on Ladwig
required by Section 10 of the Land Division Ordinance and
approval of the City Engineer.
BE IT FURTHER RESOLVED that the amended Subdivider's Agreement
and Letter of Credit for Ladwig Court, as attached, is hereby
approved subject to approval of the City Attorney and City
Engineer, and subject to 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
City.
authorized to sign the necessary documents in the name of the
DATED THIS 22ND DAY OF OCTOBER , 1991.
SPONSORED BY:
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #267-91 which was adopted by the Common Council of
the City of Muskego.
10/9lcac
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #267-91
APPROVAL OF CERTIFIED SURVEY MAP
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Ladwig Court -- Oschmann
WHEREAS, a Certified Survey Map was submitted on June 10, 1991
division
in the NE
of Credit have
and the Finance
Council of the
of the Plan Commission,
Map to finalize a
property on Ladwig
to receipt of all fees
Ordinance and
BE IT FURTHER RESOLVED t s Agreement and
Letter of Credit for Lad hed, is hereby
approved subject to appr torney and City
Engineer, and subject to tter of Credit by the
City Attorney, all of sa obtained within
thirty (30) days of the this Resolution or
the same will be null and void.
BE IT FURTHER RESOLVED t lerk are hereby
authorized to sign the in the name of the
City.
DATED THIS
I SPONSORE~ BY 7.
This is to certify
Resolution #267-91
the City of Muskego.
City Clerk
10/9lcac
t
SUBDIVIDER'S AGREEMENT
This agreement, made this
and between Audrey Oschmann, the "Developer," and the City of day of , 1991, by
Muskego, a municipal corporation of the State of Wisconsin, located
in Waukesha County, hereinafter called the "City."
WITNESSETH
WHEREAS, Developer has submitted for -approval by the City a
proposed final Certified Survey Map for'Ladwig Court, a residential
development, 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
body of the City may require that the Developer make and install
that as a condition of Certified Survey Map-approval, the governing
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
Developer's plans and specifications for subdivision improvement
WHEREAS, the City's Engineers have duly approved the
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.
RevisedlO/l7/91
PAGE 2, Subdivider's Agreement
C. SANITARY SEWER:
1. Construct, install, furnish, and provide a
complete sanitary sewage collection system throughout the entire
drawings attached hereto as Exhibit "D".
subdivision, all in accordance with the plans, specifications and
The cost of the
preparation of as-built plans shall be paid by the Developer.
of the City Engineers any remaining punch list items as to sewer
2. Subdivider shall complete, to the satisfaction
within 30 days after connection of the first residence to the
Sanitary Sewer system.
D. LANDSCAPING:
the construction of Subdivisions -improvements.
1. Preserve existing trees, wherever possible, in
outbuildings, destroyed trees, brush, treetrunks, shrubs and other
2. Remove and lawfully dispose of all old barns,
similar natural growth, and allrubbish.
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.
E. EROSION CONTROL PLAN AND PERMIT:
1. The DevelODer shall submit to the Citv. an
application for a land distu;bing permit and an erosion control
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 "E" prior to the start of
construction.
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 Certified
Survey Map, whichever date comes first unless the City directs
otherwise.
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 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
limitation 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 hereditament which may in any way be
all necessary easements for access thereto.
PAGE 3, Subdivider's Agreement
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:
A. Easements: Provide any.easements on Developer's land
deemed necessary by the City Engineers before the final plat is
signed, provided such easements are so located as not to render any
lot unbuildable or unsaleable.
B. Street Siqns: Reimburse the City for the cost of all
street signs and posts and the cost of their installation, this to
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.
D. Survev 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
F. Grades: Furnish to the Building Inspector of the City
a copy of Exhibit "G" 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.
0 marked Exhibit "F".
SECTION VI. GUARANTEES:
Section I against defects due to faulty materials or workmanship
The developer shall guarantee all improvements described in
provided that such defects appear within a period of one (1) year
from the date of dedication and acceptance. The Developer shall
materials or workmanship. This guarantee shall not be a bar to any
pay for any damages to City property resulting from such faulty
Wisconsin law on negligence shall govern such situation.
action the City might have for negligent workmanship or materials.
a
Page 4, Subdivider's Agreement
SECTION VII. GENERALISDEMNITY:
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,
fees, and the like to whomsoever owed and by whomsoever and
interest actions, suits, judgements, costs, expenses, attorney's
whenever brought or obtained, which may in any manner result from
Developer's negligent construction or operation of improvements
or arise in the course of, out of, or as a result of the
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. AGREEMENTTOR-BENEFIT OF PURCHASERS:
herein, the provisions of this agreement shall be for the benefit
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
land in the Certified Survey Map.
SECTION IX. ACCEPTJWCE 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...:
1. 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 with the plans and specifications called for by this
or other requirements of the applicable ordinances or regulations;
agreement, upon Developer's compliance with any deposit provisions
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 necessary from
0 PAGE 5, Subdivider's Agreement
2. The City shall, as a condi .tion of the Deve
this agreement; make available to the Developer or its nominee
loper executing
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
occupancy permits shall be issued either for the said model homes,
(2) model homes. It is expressly understood and agreed that no
or any other homes until the City's Engineers have determined that:
required to serve such homes are connected with an operation system
A. The sewer and surface water drainage facilities
as required herein, .and
of the first lift of aspahlt has been installed.
B. The Building Inspector verifies that the installation
0 SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
herein by reference, and all such provisions shall bind the parties
All the provisions of the City's ordinances are incorporated
hereto and be a part of this agreement as fully as if set forth at
required hereunder shall be performed and carried out in strict
length herein. This agreement and all work and improvements
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
Developer shall file with the City a letter of credit setting forth
terms and conditions approved by the City Attorney in the amount of
$ 118,820.00 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 Certified
Survey Map 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.
PAGE 6, Subdivider's Agreement
SECTION XIV. PARTIESBOUND:
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.
agreement to be signed by their appropriate officers and their
IN WITNESS HEREOF, Developer and City have caused this
seals to be hereunto affixed in duplicate original counterparts on
the day and year first written above.
Audrey Oschmann CITY OF MUSKEG0
By :
Wayne G. Salentine, Mayor
By :
Jean Marenda, Clerk
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6794106 P.02
'\
'I a
I AMOUH~.., $118,820.00 No.
TO City of Xuskego
Huskego, Winconsin 53150
I " DATE
I.
M HEREBY AUTMORKE YOU 70 ORAW ON US FOR THK ACZWNT OF
c..
UPfOANAGOREGA~AMOUNTO~ $118,820.00
AVAIUBU YOUR DR*FI(Sl AT StWT TO Be ACCOMPANIEO BY
--We hereby insue this Xrrevoceble Stendb:r Letter of Credit in your favor (the benefiriwy's)
vhich le sveilsble by bmeficiory'e dre:lt(s) et light dram on Stste Bank H~lss Comers, ,,
Stete Bank Helee Cornera. Helrs Corners, VI, Letter of Credit No.
HBlsE Corners, Uisconlin. Each draft md atcorn-nnying document* met 8tPte "Lbqm under
.I
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L.
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Thio Stendby Letter of Credit is to nro-ride seeutity to the City of Makeso for the . ..-,
nerfomenco o~d~.ey-t&-Oechmenn obligations to cornlet@ 61% fmrovoments remired by
Subdividers Agreament between AudreyH. Osrhmpnn end the City of Muakego, nmertp referenre
currently being TPX Key No; MSKC 1 I. :* y M. oschmtrnn hrr failed to connlete the construction of al.1 imrovemente in acrordsnre
8 sre to be ereomsnied by P ststerent by the MPyor of the City of Muskego stating
City of Wakego to comlete such innrovements.
wit said rpeement. Sclid atetcment shpll set forth the estimeted mount neccssory for the
s-ccisl Conditione: See Reverse Side ,
SPECIAL INSTRUCTlONS:
ALL BANKING CMARQES OTHER TMAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACcOVm.
PARTUL ORAWGS PERMllTEO u NOT PLRMIlTEO.
NO. DATf 0 I -. la-.
THIS CREDIT IS SUBJECT TO THE UNIFORM CVSTOMS ALW PRACTICE F0n DOCUMENTARY CREDITS 11903 REWSIONI. INTBRNATIONAL
OF TMlS CREDIT IF PRESENTED AT THIS OFFICE TOG!niER YllTW THIS LEl7ER Of CREDIT ON OR BEFORE THE CLOSE Of OUfl BUSY(EW ON CHAMBER OF COMMERCE BROCHURE NO, 400. WE AGREE WITH YOU TO PAY ORAETISI DRAWN UNDER AH0 IN COMPLIANCE WITH THE TERMS
. IS-.
I Slofk No. 11244
6794106 P.03
. - . . . . .
.a he& agreed by 011 narties hereto tirot-the,-rcfsrcncc to "Agreement" .is for
tifieation oumo*es only and such reference shall not bc conatrued in onY manner
e State Bank &le. Corners, Naler* CJ?m.r4, 'VI; to j+quire into it8 terms .. .. - .~ - .'
total amount of the Irrcvucabls Standby Letter or Credit shell bc reduccd ad ner
City of Mu-kego'r insoection and anvruval of nayment OY work in cowleted.
hereby rgree with you that draft* drawn under slid in comolisnce vith the to~o'of
'he above mentioned dravee bonk on or befws
Irrevocable Stendby Letter of Credit No. will be duly honored if oreamted'
.." . . - .; .I '.
Standby Letter uf Credit vi11 tennir.ute on thc day of . . .. 0 L >-. , nrovided
vec. Stdte Benk Hstes Corners, Hole.. C-..tnera, %I, shall give written notice to
beneficiary of itd intention tu termj.nstr this Standby Letter of Credit 8t Icest .
tp (90) day* nrior to bund day 6Jf After seid date,.,,thig Letter
redit con only termlnste upon ninety \YO) writrun notice t.0. th&"bFneficiary.
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I.
Ruekert Mielke
September 23, 1991
Mr. Gene Kovacs, Director City of Muskego
W182 S8200 Racine Avenue P.O. Box 903
Muskego, WI 53150
RE .Audrey Court
DearGene:
. ~ ." ..
are submitted below:
Upon review of the costs to establish the letter of credit, the following costs
1. Sanitary and Storm Sewer $65,056.80
2. Road construction, paving and
curb and gutter
3. Lnspection costs and preparation
of asbuilt drawings
Sub Total
$42,763.50
$8.000.00
$1 15,820.00
but it excludes the landscaping and the lighting for this development.
The above cost total represents the majority of the letter of credit amount,
Very truly yours,
RUEKERT & MIELKE, INC.
FRjr:psh
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