CCR1992032AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #32-92
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Meadow Green West Addn. #3
WHEREAS, a Final Plat was submitted on July 16, 1991 for the
54-lot Meadow Green West Addn. #3 Subdivision in the NW 1/4 Of
Section 15, and
WHEREAS, the Preliminary Plat was approved in Resolution #82-91,
and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Meadow Green West Addn. #3, 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 Meadow Green West
Addn. #3 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 and
Letter of Credit for Meadow Green West Addn. #3 Subdivision, as
attached, is 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 approval of this Resolution is
subject to approval of this property being rezoned to
RS-Z/L/SW/W (OPD).
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BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City.
BE IT FURTHER RESOLVED that if a school impact fee is
implemented, it may affect this property.
Resolution #32-92 Page 2
a DATED THIS 28TH DAY OF JANUARY , 1992 *
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
Resolution #32-92 which was adopted by the Common Council of the
City of Muskego.
1/92cac
SUBDIVIDERS AG-
This agreement, mde this day of , 1992 by and between
Gregory J. Boehm, Gloria J. Boehm, Gary B. Boehm, and Pamela A. Boehm, the
"developer", and the CITY OF MUSKM;O, a municipal corporation of the State
of Wisconsin, located in WdukeSha County, hereinafter called the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a proposed final
plat for the MEAIxxll GREEN WEST ADDITION #3 SUBDIVISION, a residential sub-
division, a copy of which is attached hereto, made a part hereof and marked
Exhibit "A" (the SuWivision): and WHEREAS, Section 236.13 of the Wisconsin
Statues provides that as a condition of plat approval, the governing body
of the City my require that the developer make and install certain public
improvements reasonable necessary for the SuWivision and further, my re-
quire dedication of public streets, alleys OK other ways within the Sub-
division, to be conditioned upon the construction of said improvements
according to municipal specifications without cost to said municipality; and
WHEREAS, the City's Engineers and the Public Works Comnittee, Public Utilities
Comnittee, Finance Comnittee and Plan Commission have duly approved the
Developer's plans and specifications for the SuWivision improvements and
of this agreement and approved the final plat of the MEAIXW GREEN WEST
the Comn Council has duly approved and authorized the terms and provisions
ADDITION #3 SUBDIVISION.
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:
in accordance with the plat of said SuWivision and the plans and speci-
A. Roads and Streets: Grade and improve all roads and streets
fications attached hereto, mde a part hereof and marked !&hibit "B", all
in accordance with the City's street specifications.
provide adeuuate facilities as aDDrOVed bv the City Ensineer and Public
B. Surface Water Drainage: Construct, install, furnish and
Works Conunittee for storm and s&iace water drainage throughout the entire
mde a part hereof and =ked Exhibit "C".
subdivision, in accordance with the plans and specifications attached hereto,
2. The City shall furnish to the Developer such permits or
easements as my be required in any public street or property to enter upon
and install the above described surface water drainage system.
Of water supply and distribution, throughout the entire subdivision, as approved
by the City hgineer and in accordance with the plans and specifications attached hereto as Exhibit "D".
by the Developer.
hgin-s, any remining punch list item as to water within 30 days after
connection of the first residence to the water sysm.
c- m: Construct, install, furnish, and provide a cqlete system
1. The cost of the preparation of the as-built plans shall be paid
2. Developer shall complete, to the satisfaction of the city
D. SANITARY sm: construct, install, furnish, and provide a
complete sanitary sewage collection system throughout the entire subdivi-
sion, all in accordance with the plans, specifications and drawings attached
hereto as Fxhibit nE".
1. The cost of the preparation of the as-built plans shall be
2. Developer shall complete, to the satisfaction of the City
paid by the Developer.
hgineers, any remining punch list items as to sewer within 30 days after
connection of the first residence to the sanitary sewer system.
E. LANascApING:
of the Subdivision inprovmts.
destroyed trees, brush tree trucks, shrubs and other similar natural grcwth,
and all rubbish.
3. The Developer shall plant trees in accordance with Section 8.13
of the muskego land Division ordinance and Resolution #P.C. 72-76.
1. Preserve existing trees, whereever possible, in the construction
2. Remve and lawfully dispose of all old barns, outbuildings,
F. ROADSIDE DITCHES: Must met city of Muskego specifications.
G. STREET LIGHTING: Must meet City of Muskego 6 Wisconsin Electric
Pmer Company specifications.
S*ICN 11. TIME OF EMPLETICN OF IMPkWBENTS:
Developer in total within twelve (12) mnths of the date of this agreement
or record- of the final plat, whichever date comes first, unless an earlier
date is provided herein.
The inpromts set forth in Section I above shall be completed by the
SECTICN 111. DFDICATICN:
Subject to all of the other provisions of this agreement, Developer shall,
without charge to the City, upon corrpletion of the abo& described inprovements,
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, equipmnt, appurtenances and hereitamnts which my
in any way be a part of or pertain to such inprovements and together with any and a
dedication of said irrprovmts, except for street dedication, when all facilities all necessary easements for access thereto. The city will be receptive to the
are completed.
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SKlTIcN IV. INSPECPIONS AND ADlINISTF3iTI~ FEES:
The Developer shall pay and reinburse 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 Clty Enqlneers before the final plat
is slqned, provided such casements are so Located as not to
revder any lot unbulldable or unsaleable.
all street si~ns and posts and the cost o.f their installation,
B. Street Signs: Reimburse the City for the cost of
this to include all traffic signs.
called for by this agreement to be carried out and performed in a C. Manner of Performance: Cause all construction
Rood and vorkmanlike manner.
D. Survey Nonuments: Properly pLace and LnstaLl any
survey or other monuments requtred bv statute or ordinance.
restrictions in the form attached hereto, nade a part hereof and
E,. Deed Restricttons: Execute and record deed
qarked Exhibit 'IF".
City a copp of Exhibit "A" showing the street erade in front of
each lot, the yard grade of the erade of all four corners of each lot.
with Section 8.1 1
C. Street Lights: Install street lights in accordance of the Cltv's Lanc: Divlsion Ordinance.
srall. hedee. or shrub plantinn which obstructs siqht lines at
H. Slght Distances: 4estricc.lots so that no fence,
elevaclons between Two (2) and Six :6) feet above the roadways
shall be placed or permitted to remain on any corner lot vithin
the triannular area formed by the street property lines and a
line connecting them at polnts twenty-five (25) feet from the
intersection of the street lines. or in the case of a rounded
property corner, from the intersection oE the street property
lines extended.
F. Grades: Furnish to the Buildtnp. Inspector of the
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SECTION VI. GUARANTEES : .-
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 worhanship. 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.
The Developer shall guarantee all improvements described in
SECTION VII. 'GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice
any provisions of this agreement or documents incorporated
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of I herein
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by reference, Developer shall Lndennify and save h;~:.lles.: the
Clty. lts officers. agents and employees, and shall deferld the
'damaRes, lnterest actions, suits, ludqments, costs, expenses,
same Erom and against any and all ltahtllty, claims, LosseS,
attorney!.s fees, and the llke to whomsoever owed and by
.whomsoever and whenever brought or obtained, whlch may ln any ,
manner result from 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 vlolatlon of any law or
ordtnance, the lnfrlngement by it of any pateqt, trademark, trade
name or copywrite, and lts use of road lrnprovemencs prior to
thelr formal dedlcatlon and acceptance by the City.
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SECTION VIII. AGREEMENT FOR BENEFIT OF FURCHASERS:
Th6 Developer agrees that ln addltton to the Cltv's rinhts
herein. the provisions of thls aereement shall he for the heneflt
of the purchaser oE any lot or any lnterest in any lot or parcel
of land in the Subdivision.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the
improvements herein required, and shall dedicate the same to the City as set forth heretn. the same shall be accepted bv the City
if said improvements have been completed'as required by thls
appllcable law and approved by the Clty Engineers.
agreement and as requlred by applicable City ordlnancas and other
SECTION X EROSION CONTROL PLAN AND PERMIT:
The Developer shall submit to the Clty, an appllcatlon for a
wlth the1 requirements of Section 29.06 oE the Clty's Erosion
land dlsturblnp: permit and an erosion control plan in accordance
Control Ordlnance (Ord. 0560).
SECTION XI. CONSTRUCTION PERMITS, ETC.. :
adopt such resolutions, and execute such documents as may be
necessarv to permit Developer to construct the lmprovements in
accordance wlth plans'and speclflcatlons called for by thls
aqreement, upon Developer's cornpllance wlth any deposlt
provlslons or other requlrements oE the appllcahle ordlnances or
obtaining slmilar permits, resolutlons and documents as may be
requlatlons; and the City shall cooperate with Developer In
necessar;t fron other authorltles havlnp; J.urisdlctlon In the
premises.
1..The City shall, within its authority, issue such permits,
2. 'The Ctcy shall, as a condltlon OE 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 provisions of Section XII.
SECTION XII. BUILDING AND KCUPANCY PERMITS:
The Developer shall be allowed to construct five (5) del homes.
It is expressly understood and agreed that no occupancy permits be issued
either for the said del homes, or any other homes, until the City's
Engineers have dete'rmined that:
serve such homes are connected with an operating system as required herein,
and,
stone and gravel base for the roads then existing to serve such homes as
prior to the date when roads must be completed and dedicated.
sufficient to serve the traffic reasonably anticipated during the period
A. The sanitary sewer and water systems facilities required to
B. That the City's Engineers have approved the condition of the
C. The Building Inspector verifies that the installation of the
first lift of asphalt has been installed for the raining non-del homes
to issue further building and occupancy permits.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordiances are incorporated herein 0 be reference, and all such provisions shall bind the parties hereto and be a part of this agrewnt 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 ordiances.
SECTION XIV. FINANCIAL GUARANTEE:
Prior to 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 amunt of $ 725,000.00 as a guarantee
that the required improvwnts 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 this 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 dev-
elopment are satisfied.
SECTION XV. PARTIES BOUND:
Developer or its assignees shall be bound by the terms of this agree-
ment or any part herein as it appies to any phase of the development of the
Subdivision.
SECTION XVI. ,WmmENTS TO SUBDIVIDER'S AGFEEMEWC:
Any amendments to this agreement or Exhibits shall be approved by
either the Comn Council or the Department(s) affected by the proposed
mndment(s), and shall be made part of this Agreement.
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be signed by their appropriate officers and their seals to be hereunto af-
fixed in duplic5te original counterparts on the day and year first written
above.
IN WITNESS WHEREOF, Developer and City have caused this agreement to
DEVELOPER CITY OF MUSKEGO
By :
aORIA J. BOMM JEAN EWDA, Clerk
B. BOMI
PAMELA BOMM
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NATIONAL
BANK
0, NU6 cm.-
IXREVOC.AI!LE ST"DBY DOCUHENT-QY CREDIT
72-c- I -0
CXEDIT' NO. a
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AMOUNT:
DATE: :-
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APPLICANT: Gregory J., Boehm and: Glaiia
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J. Boehm. husband and!a&e.: .
and Gary B; Boehm and' Paheld '
A. Boehm, a parcnershkp '
Sa1 1416964 Woods Rd. , I; i
Huskego, WL 53150 j. ' .. ;I .
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BENEFICIARY: City of #uskeg> EXPIRE DATE: ,
8200 S. Racine Ave.
Muskego. WI 53150 ! ! .. j.
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Dear Sirs: We hereby issue chis irrevocable documentary credit Fn your fador
(the beneficiary's) which is available by beneficiary's draft(s) ac siglit I
drawn on Tri City National Bank, Each drafc accompanying documen'ts must
state "Drawn under Tri City Xacional Bank Documentary Credic No. -.I' ~
This Standby Credit is to provide security to the City of ,Huskego for' the ' !
performance of Gregory J. Soehrn and Gloria J. Boehm, husband knd vlfe; and I
Gary B. Boehm and Pamela A. Boehm, a partnership, obligations: under Chat !
certain Agraemenc dated", between the Cicy of Yuiuskego and/ !
applicants.
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DRAFTS .iRX TO BE ACCOMPANIED - BY:
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A stacement signed by the Mayor of che City of Muskego stating that degory
J. Boehm and Gloria J. Boehn., husband and wife. and Gary B. Boehm and
Pamela A. Boehm. a parrnership,have failed to completc the cdnstructLon ofldll
the improvemencs in Secclon 1 it1 accordance with said Agreem&nt. Said
scacemenc shall se: foreh ck.e estimated amount necessary for 'the City of !
Xuskego to complcce such Improvements.
CONTINUED ON PACE TWO (2) WHCB IS AX INTEGRAL PART OF THIS ~TASDBY CREDIT: I
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PAGE 2. AN INTEGRAL PART OF STANDBY CREDIT NO.-
DATED-
SPEC1.a CONDITIONS:
The total amount of this Irrev,xsble Scandby Letter of Credit shall be
reduced as per the City of Mus.kego's inspection an approval of payment as
work is completed.
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however, Tri City National Bank shall give written notice to thk beneficiaiy 'i :I
of it6 incention to terminate this Standy Credit at least 90 days prior' KO ' Ii
said-day of--. after said dace, chis Letter of Credit can ! " Ii
only terminate upon 90 days written notice to the beneficiary. ' : '!, i /I
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It is hereby agreed by all parties hereco chat the reference
ia for identification purposes only and such reforence shall not be' :
construed in any manner KO req:.lire Tri City Nacional Bank to inguire Lnta j 'j ,\\
its te@ and obligations. ' , '44 ! ; i ,,
We encourage with you that drafts drawn under and in complisnce!with the arms; ' "
of this credit vi11 be duly honored if presented on or before the expiry +t$;i 1:
This original Srandby Credit must be submitted to us together 9th any I .I
dravinga hereunder for our cndorsement of any payments effected by us a.hd[or.! ~ i,
for cancellation. The amount9 drawn under this Letter of CredfX shall pot
exceed
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This credit is subject to the Uniform Customs and Practice for pacumeatarY I ,I ' .j.
Credits a983 Revision) International Chamber of Commerce, Publitations 4Oq. '
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Very truly yours,
TRI CITY NATIONAL BANK ~
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