CCR1992104b.'
AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #104-92
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Settler's Creek Subdivision
WHEREAS, a Final Plat was submitted on February 24, 1992 for the
18-lot Settler's Creek Subdivision in the NE 1/4 of Section 11;
and
WHEREAS, the Preliminary Plat was approved in Resolution
#312-91; and
WHEREAS, the Plan Commission has recommended approval subject to
any unmet conditions set forth in PC #211-91, including (1)
parklands from Brentwood Drive; and (2) deed restrictions for
recording access for Lot 18 to allow for full access to
Lot 1 to assure no direct access to/from Durham Drive; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Settler's Creek 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 18-lot Settler's
unmet conditions set forth in PC #211-91, including (1)
recording access for Lot 18 to allow for full access to
parklands from Brentwood Drive; and (2) deed restrictions for
Lot 1 to assure no direct access to/from Durham Drive and
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 Settler's Creek 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 the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
Creek Subdivision in the NE 1/4 of Section 11 subject to any
BE IT FURTHER RESOLVED that Exhibit "C" referred to in I.B.
shall be amended to require a storm drainage system for sump
pump connection from Lot #17 and #18 to the curb and gutter
section as required by the City Engineers.
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Resolution #104-92 Page 2
DATED THIS 28TH DAY OF APRIL , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #104-92 which was adopted by the Common Council of
the City of Muskego.
4/92cac
SUBDIVIDERS AGREEMENT
This agreement, made this
and between Robert W. Klenz, the l1Deve1operl1, and the CITY OF
day of , 1992 by
MUSKEGO, a municipal corporation of the State of Wisconsin, located
in Waukesha County, hereinafter called the ITityIl.
WITNESSETH
WHEREAS, Developer has submitted for approval by the City, a
proposed final plat for SETTLER'S CREEK, a residential subdivision,
a copy of which is attached hereto, made a part hereof and marked
Exhibit I1A" (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 and the Public Works Committee,
Public Utilities Committee, Finance Committee and Plan Commission
have duly approved the Developer's plans and specifications for the
Subdivision improvements and the Common Council has duly approved
and authorized the terms and provisions of this agreement and
approved the final plat of SETTLER'S CREEK 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:
streets in accordance with the plat of said Subdivision and the
A. Roads and Streets: Grade and improve all roads and
plans and specifications attached hereto, made a part hereof and
marked Exhibit "B'l, all in accordance with the City's street
specifications.
B. Surface Water Drainaae: Construct, install, furnish and
provide adequate facilities as approved by the City Engineer and
throughout the entire Subdivision, in accordance with the plans and
Public Works Committee for storm and surface water drainage
Exhibit "C'I.
specifications attached hereto, made a part hereof and marked
1. The City shall furnish to the Developer such permits
or easements as may be required in any DUbliC street or Drouertv
to enter upon and instail the above -described surface wate; " B drainage system.
a complete sanitary sewage collection system throughout the entire
C. Sanitarv Sewer: Construct, install, furnish and provide
subdivision, all in accordance with the plans, specifications and
drawings attached hereto as Exhibit "Dl'.
shall be paid by the Developer.
1. The cost of the preparation of the as-built plans
2. Developer 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.
D.
in the construction of Subdivision improvements. Remove and
L-4: Preserve existing trees whenever possible,
and brush and other similar natural growth and all rubbish. The
lawfully dispose of all old barns, outbuildings, destroyed trees
Developer shall cause to be planted, trees in accordance with
Section 8.13 of the Muskego Land Division Ord. and Res. PC 72-76.
E. Roadside Ditches: Must meet City of Muskego Specifications.
F. Street Liahtinq: Must meet City of Muskego and Wisconsin
Electric Power Company specifications.
0 access City parklands between lots 10 and 11.
G. Bicvcle Path: Install a hard surfaced bicycle path to
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
completed by the Developer in total within twelve (12) months of
The improvements set forth in Section I above shall be
the date of this agreement or recording of the final plat,
whichever date comes first, unless an earlier date is provided
herein.
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
surface water drainage facilities and sanitary sewer facilities to
and fully dedicate the roads and streets, bicycle path, storm and
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,
equipment, appurtenances and hereitaments which may in any way be
a part of or pertain to such improvements and together with any and
receptive to the dedication of said improvements, except for street
all necessary easements for access thereto. The City will be
dedication, which shall first receive the final lift of asphalt
prior to dedication, when all facilities are completed
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0 SECTION IV. 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 V. MISCELLANEOUS REQUIREMENTS: The Developer Shall:
A. Easements: Provide any easements on Developers 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 Sians: Reimburse the City for the cost of all
street signs and posts and the cost of their installation, this to
include traffic signs.
by this agreement to be carried out and performed in a good and
C. Manner of Performance: Cause all construction called for
workmanlike manner.
D. Survev Monuments: Properly place and install any survey
or other monuments required by statute or ordinance.
in the form attached hereto, made a part hereof and marked
E. Deed Restrictions: Execute and record deed restrictions
Exhibit "E".
F. Grades: Furnish to the Building Inspector of the City a
copy of Exhibit "A" showing the street grade in front of each lot,
the yard grade of the grade of all four corners of each lot.
Section 8.11 of the City's Land Division Ordinance.
G. Street Liahts: Install street lights in accordance with
hedge or shrub planting which obstructs sight lines at elevations
H. Siaht Distances: Restrict lots so that no fence, wall,
between Two (2) and Six (6) feet above the roadways shall be placed
or permitted to remain on any corner lot within the triangular area
formed by the street property lines and a line connecting them at
points twenty-five (25) feet from the intersection of the street
lines, or in the case of a rounded property corner, from the
intersection of the street property lines extended.
SECTION VI. GUARANTEES: 1/' 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
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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
provision of this agreement or documents incorporated herein by
reference, Developer shal indemnify and save harmeless 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, judgments, costs, expenses, attorneys
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 Developers
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 copywrite, and its use
of road improvements prior to their formal dedication and
acceptance by the City.
SECTION VIII. AGREEMENT FOR 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 0 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 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. EROSION CONTROL PLAN AND PERMIT:
land disturbing permit and an erosion control plan in accordance
The Developer shall submit to the City, an application for a
with the requirements of Section 29.06 of the City’s Erosion
Control Ordinance (Ord. #560).
SECTION XI. CONSTRUCTION PERMITS, ETC.:
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
agreement, upon Developer’s compliance with any deposit provisions
accordance with the plans and specifications called for by this
or other requirements of the applicable ordinances or regulations;
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and the City shall cooperate with Developer in obtaining similar
permits, resolutions and documents as may be necessary from other
authorities having jurisdiction in the premises. The City shall,
as a condition of the Developer executing this agreement, make
available to the Developer or it nominee , successors or assignes,
building permits for the construction of single family residences
subject to the provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
The Developer shall be allowed to construct Three (3) model
homes. It is expressly understood and agreed that no occupancy
homes, until the City's Engineers have determined that:
permits be issued either for the said model homes, or any other
A. The sanitary sewer and water systems facilities required
to serve such homes are connected with an operating system as
required herein, and,
the stone and gravel base for the roads then existing to serve such
B. That the City's Engineers.have approved the condition of
homes as sufficient to serve the traffic reasonably anticipated
during the period prior to the date when roads must be completed
and dedicated.
0 the first lift of asphalt has been installed for the remaining non-
C. The Building Inspector verifies that the installation of
model homes to issue further building and occupancy permits.
SECTION XIII. 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 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 the
terms and conditions approved by the City Attorney in the amount
of $ be completed by the Developer and his subcontractors no later than
as a guarantee that the required improvements will
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 development are satisfied.
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SECTION V. MISCELLANEOUS REQUIREMENTS:
I. Stormwater Conveyance: The City's Park and Recreation Board
shall determine if a storm sewer system is to be installed bv
the developer according to plans that are approved by the City
Engineers or if the stormwater is allowed to be conveyed by an
open ditch as shown on the drainage plans (Exhibit "C") through
the acquired addition to Kurth Park. If said storm sewer is to
be extended through the Kurth Park Addition, the approved
engineering plans shall be made part of Exhibit "C" and replace
the plans describing the open ditch.
The difference between the $10,500 designated in the Letter of
Credit for the storm sewer system consisting of 350 feet of 21
inch storm sewer and the cost of the open ditch (approximately
$8,000) shall be transferred from the Letter of .Credit into the
Park Dedication Fund should the storm sewer system not be
required. Should the storm sewer system not be required by the
Park Board, these funds shall be released to the Park Dedication
Fund upon action of the Finance Committee at their first
regularly scheduled meeting following the Park and Recreation
Boards' decision.
P.O. Box 405
S76 W17655 J
Mud?@r: ^B"P'!?ff!?fY'"' anesvl-
AMOUNT
To City of Muskego
Muskego, WI 53150
NO. . DATE
WEHEREBYAU~ORIZEYOUTOORAWONUSFORTHEACC~U~TO~ Robert W. Klenz for Settler's Creek Development
UP TO AN AGGREGATE AMOUNT OF
AVAllABLE BY YOUR DRAFTlSl AT SIGHT TO BE ACCOMPANIED BY
which is available by. beneficiary's draft(s) at sight drawn on State Bank Hales Corners,
We hereby issue this Irrevocable Standby Letter of Credit in your favor (the beneficiary's)
Hales Corners, Wisconsin. Each draft and accompanying documents must state "Drawn Under
State Bank Hales Corners, Hales Corners, WI, Letter of Credit No.
This Standby Letter of Credit is to provide security to the City of Muskego for the
performance of Robert W. Klenz obligations to complete all improvements required by
Subdividers Agreement between Robert W. Klenz and the City of Muskego, property reference
currently being Tax Key No. MSKC 2201.996
4 rafts are to be accompanied by a statement by the Mayor of the City of Muskego stating
bert W. Klenz has failed to complete the construction of all improvements in accordance
th said agreement. Said statement shall set forth the estimated amount necessary for
the City of Muskego to complete such improvements.
Special Conditions: See Reverse Side.
CHAMBER OF COMMERCE BROCHURE NO. POO. WE AGREE WITH YOU TO PAY ORAFTIS) DRAWN UNDER AN0 IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AN0 PRACTICE FOR DOCUMENTARY CREDITS 11983 REVISIONI. INTERNATIONAL
OF THIS CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS LETTER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON ,
.19-. State Bank Hales Corners
HAM1 Of BANI
BY AUIHORUlO SIGNIIURt Jack J. Spoerl, Ass't Vice President
Stock No. 11244