CCR1992085COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #85-92
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
City of Muskego/Town of Norway
Creekside Meadows Subdivision
WHEREAS, a Final Plat was submitted on February 25, 1992 for the
55-lot Creekside Meadows Subdivision in the SE 1/4 of Section
32; and
WHEREAS, the Revised Preliminary Plat was approved in Resolution
#57-92; and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Creekside Meadows Subdivision, 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 Creekside Meadows
Subdivision in the SE 1/4 of Section 32, subject to 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 Creekside Meadows Subdivision, as attached,
is hereby approved.
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 14TH DAY OF APRIL , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
This is to certify that this is a true and accurate copy of
Resolution #05-92 which was adopted by the Common Council of the
City of Muskego. 0
4/92cac
SUBDIVIDERS AGREEMENT
This agreement, made this Zfth day of br, 1
19aby and between John L. fh?alch;nL 8 Ph'tliq T. Jacobson :
the "Developer", and the City of Muskego, a municipal
corporation of the State of Wisconsin, located in Waukesha
County, hereinafter called the "City".
WITNESSETH
City a proposed final plat for Creelcside, mneadoas
a residential 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
body of the City may require that the Developer make and
provides that as a condition of plat approval, the governing
install certain public improvements reasonably necessary for
public streets, alleys or other ways within the Subdivision,
the Subdivision and further, may require dedication of
to be conditioned upon the construction of said improvements
municipality; and
according to municipal specifications without cost to said
Developer's plans and specifications for subdivision improvement
and the Common Council has duly approved and authorized
teh terms and provisions of this agreement and approved
the final plat
WHEREAS, Developer has submitted for approval by the
0 WHERAS, the City's Engineers have duly approved the
contained, the parties hereto anree as follows:
NOW, THEREFORE, in consideration of the covenants herein
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
A. Surface Water Drainaqe:
1. Construct, install, furnish and provide adequate
facilities.as approved by the City engineer and Public Works
Committee for storm and surface water drainage throughout
the entire subdivision, in accordance with the plans and
specifications attached hereto, made a part hereof and marked
Exhibit "c'.
permits or easements as may be required in any public street
or property to enter upon and install the above described
surface water drainaue svstem.
2. The City shall furnish to the Developer such
0 - ~.
B. Roadside Ditches: Must meet City of Muskego
specifications.
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.
SECTION 111. INSPECTIONS AND ADMINISTRATIVE 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 IV. 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
sitation.
SECTION V. GENERAL INDEMNITY: 0
of, any provisions of this agreement or documents
In addition to, and not to the exclusion or prejudice
incorForated 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
fees, and the like to whomsoever 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 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 copyright, and its use of
road improvements prior to their formal dedication.and
acceptance by the City.
SECTION VI. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer agrees that in addition to the City's
rights herein, the provisions of this agreement shall be for
the benefit of the purchaser of any lot or any interest in
any lot or parcel of land in the Subdivision. 0
SECTION VII. CONSTRUCTION PERMITS, ETC ... :
1. The City shall, within its authority, issue such
may be necessary to permit Developer to construct the
permits, adopt such resolutions, and execute such documents as
called for by this agreement, upon Developer’s compliance with
improvements in accordance with the plans and specifications
any deposit provisions or other requirements of the applicable
ordinances or regulations; and the City shall cooperate with
the Developer in obtaining similar permits, resolutions and
documents as may be necessary from other authorities having
jurisdiction in the premises.
SECTION VIII. 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 according with and subject to the
provisions of said ordinances.
SECTION IX. FINANCIAL GUARANTEE:
Developer shall file with the City a letter of credit setting
Prior to the execution of this contract by the City, the
forth terms and conditions the amount of $9,000.00 as a
guarantee that the required improvements will be completed by
the Developer. The letter of credit is attached hereto as Exhibit
B.
SECTION X. 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
seals to be hereunto affixed in duplicate original counterparts
agreement to be signed by their appropriate officers and their
on the day and year first written above.
DEVELOPER CITY OF MUSKEG0
BY: u!” hnmk
JeanaMarenda. Clerk .
Partnership
EXHIBIT "B"
i
-T BANK OF BURLINGTON
200 South Pine . Burlington, WI 53105
Phone 763-9141
Burlington
and Paddock Lake
March 13, 1992
IRREVOCABLE LETTER OF CREDIT
TO: City of Muskego
Waukesha County
Muskego, WI 53150
of Muskego for the account of Norway Associates ("Owners"), for a sum not
We hereby open our Irrevocable Letter of Credit in favor of the City
exceeding a total of $9,000.00, available by your one or more drafts
drawn at sight on us and accompanied by written certification from the
City of Muskego stating that the Owners are in default under the terms of
a certain agreement regarding the development of Creekside Meadows Sub-
division located in the Town of Norway and City of Muskego.
It is understood that the amount of any draft presented hereunder
shall be the amount necessary to contract for the completion of the specific
improvements or to cure other defaults up to a maximum amount of $9,000.00.
We hereby agree with the drawers, endorsers and bona fide holders
of drafts under and in compliance with the terms of this credit that the
same shall be duly honored on presentation and delivery on or before
March 13, 1993, at which time the Letter of Credit expires. In the event
the Owners fail to complete the installation of the improvements for which
Letter of Credit is not then provided, the City of Muskego may draw amounts
this Letter of Credit is intended, or in the event a substitute or renewed
remaining in this Letter of Credit prior to the expiration date.
Dated:
0
OF BURLINGTON