CCR1992198AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #198-92
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Foxboro Subdivision
0
WHEREAS, a Final Plat was submitted on April 2, 1992, with an extension granted
to August 7, 1992 for approval, for the 25-lot Foxboro Subdivision (F/K/A
Waterfield Park) in the NW 1/4 of Section 14; and
WHEREAS, the Preliminary Plat was approved in Resolution X285-91; and
WHEREAS, the Plan Commission has recommended approval subject to obtaining US
Army Corps of Engineers approval to fill less than one acre of wetland6 and that
no additional wetlands be filled; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for
Foxboro 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 Foxboro Subdivision (F/K/A Waterfield Park) in the NW 1/4 of Section
one acre of wetlands and that no additional wetlands be filled, subject to
14, subject to obtaining US Army Corps of Engineers approval to fill less than
approval of the City Engineer and all objecting and approving agencies, and
subject to receipt of all fees as provided in Section 10 of the Land Division
Ordinance.
BE IT FURTHER RESOLVED that the amended Subdivider's Agreement and Letter of
Credit for Foxboro 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 authorized to sign the
necessary documents in the name of the City.
DATED THIS 28TH DAY OF JULY , 1992.
SPONSORED BY:
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David D. Sanders
FINANCE COMMITTEE
which was adopted by the Common Council of the City of Muskego.
This is to certify that this is a true and accurate copy of Resolution t198-92
7/92cac
- SUBIIIV,IPER' S A6REEMtW
This agreement, made this day of 19921 by and between Kosobucki Brothers partnership, the "Developer, 'I and
the City of Muskego, a municipal corporation of the State of
Wisconein, located in Waukesha County, hereinafter called the
"City. "
WITWESSETH
WHEREAS, Developer t.as submitted for approval by the City a
proposed final plat for FOXBORO, a residential subdivision, a copy
of which is attached hereto, made e part hereof and marked Exhibit
"A" (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 nlscessary for the Subdivision and further,
may require dedication of public streets, alleys or other Way6
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 IIngineers and the Public works Committee, Public Utilities Committee, Finance Committee and Plan Commission
have duly approved the Developer's plans and specifications for
subdivision improvement e.nd the Common Council has duly approved
and authorized the terms and provisions of this agreement and
approved the final plat of FOXBORO SUBDIVISION;
NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows:-
SECTION I. IMPROVEWllTS:
The Developer, entirely at its expense, shall:
A. Roads and Str-eets: Grade and improve all roads and
plans and specifications attached hereto, made a part hereof and
streets in accordance with the plat of said Subdivision and the
marked Exhibit "B", all in accordance with the City's street
specifications.
B. SURFACE WATER DRAINAGE1
1. Construct, install, furnish and provide adequate
Committee for btorm and surface water drainage throughant the
facilities as approved by the City Engineer and Public Works
entire subdivision, in acc:ordance with the plans and specifications
attached hereto, made a part hereof and marked Exhibit "C".
2. The Ci,ty 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.
JUL-28-1992 11: 18 FROM METRUPOL.1TFII.I ENGINEERING TO 679d106 P.03
PAGE 3, Subdivider's Agrement
SECTIOM 111. DEDICATION:
Developer shall, without c:harge to the City, upon completion of the
Subject to all of t!le other provisions of this agreement,
above described improvemerts, unconditionally give, grant, convey
and fully dedicate the roads and streets, bicycle path, storm end
surface water drainage 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,
equipment, appurtenances and hereitaments which may in any way be structures , mains , conduits , pipes lines plant, machinery,
a part of or pertain to suc!h improvements and together with any and
all necessary easements for access thereto. The City will be
receptive to the dedicatioil of said improvements, except for street
dedication, which shall first receive the final lift of asphalt
prior to dedication, when all facilities are completed.
SECTION IV. I#SPECTIO#S AND ADHINIST~TIO# FEES: .
The Developer shall pay and reimburse the City all fees as
Division Ordinance. required and at the times specified in Section 10 of its Land
SECTION V. MISCELLANEOUS REOUIREHEIEATS:
The Developer shall:
deemed necessary by the City Engineers before the final plat io
A. Easements: Provide any easements on Developer's land
signed, provided such ease:nents are so located as not to render any
lot unbuildable or unsaleclble.
B. Manner of Performance: Cause all construction called
workmanlike manner. for by this agreement to be carried out and performed in a good and
C. Survey Monuments: Properly place and install any
survey or other monuments required by statute or ordinance.
JUL-28-1992 11:19 FROM METROPOLITAN ENGINEERING TO 67941 06 P .05
PAGE 5, Subdivider's Agreement
I-
~~~ -
SECTION IS. ACCEPTMCE OF %OM AWD 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
and as required by applicable City ordinances and other applicable
said improvements have been completed as required by this agreement
law and approved by the City Engineers. -
-ION X. EROSION COITROL PM MD PERMIT:
land disturbing permit al;.d an erosion control plan in accordance
The Developer shall submit to the City, an application for a
with the requirements o;I Section 29.06 of the City's Erosion
Control Ordinance (Ord. #560).
SECTION XT. CONSTRUCTIOM PERMITS, ETC...:
1. The City shall, within its authority, issue such permits,
adopt such resolutions, and execute such documents as may be
accordance with the plan!; and specifications called for by this necessary to permit Developer to construct the improvements in
agreement, upon Developer's compliance with any deposit provisions
or other requirements of the applicable ordinances or regulations;
and the City shall cooFerate with the Ijeveloper in obtaining
similar permits, resolutions and documents as may be necessary from
other authorities having jurisdiction in the prenises.
this agreement, make available to the Developer or its nominee
2. The City shall, as a condition of the Developer executing
successors or assigns, building permits for the construction of
single family residences subject to the provision of Section XII.
SECTION XII. BUZLDZHO AND OCCUPANCY PERMITS:
The Developer, or asi.gnee, shall be allowed to construct three
(3) model homes. It is expressly understood and agreed that no
occupancy permits shall be issued for the said model homes, other
homes until the City's Engineers have determined that:
A. The sanitary sewer system required to serve such homes
are connected with an operation system as required herein, and
B. That the City Engineers have approved the condition of
the stone and gravel base for the roads then existing to serve such
homes as sufficient to serve the traffic reasonably anticipated
during the period prior t.a the date when roads must be completed
and dedicated.
CREDIT NO:
DATE :
TRlClTY NATIONAL BANK
0,O..C"III
IRREVOCABLE STAXDBY DOCUMENTARY CREDIT
AMOW : U.S. Dollars
APPLICANT: KOSOBUCKI BROTHERS PARTXERSHIP, A WISCONSIN GENERAL PARTNERSHIP
17100 West Shadow Drive
New Berlin. WI 53151
BENEFICIARY: City of Efuskego
9200 South Racine Ave.
Muskego, WI 53150
EXPIRATION DATE:
at our counters
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor Kosobucki
Brothers Partnership, which is available by beneficiarv's draft(s) at sight
drawn on TKi City National Bank of Oak Creek. Each draft accompanying docu-
ments must state "Drawn under Tri City National Bank of Oak Creek Documentary
Credit No.
This Standby Credit is to provide security to the City of ?tuskego for the per-
Asreement dated
fomance of Kosobucki Brothers Parcnership's oblizations under that certain
cant.
DRAFTS ARE TO BE ACCOMPAYIED BY:
A statement signed by the Mayor of the City of >!uskeg0 stating that Kosobucki
development in accordance with said Asreement. Said statement shall set €orth
Brothers Partnership has failed to complete the construction of subdivision
the estimated amount necessary for the City of Yuskego to complete such improve-
ments.
SPECIAL CONDITIONS:
This standby credit will terminate on the i : day of provided,
however, Trl City National Bank of Oak Creek shall give written notice to the
beneficiary of its Intention to terminate this standby credit at leas: 90 days
prior to said . .day of
becween the Citr of Muskego, and appli-
PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO.
DATED
It is hereby agreed by all parties hereto that the reference to “Agreement”
strued in any manner to requre Tri City National Bank of Oak Creek to in-
is for identification purposes only and such reference shall not be con-
quire into its terms and obligations.
We engage with you that drafts drawn under and in compliance with the terms
of this credit will be duly honored if presented on or before the expiration
date. This original Standby Credit must be submitted to us together with any
drawings hereunder for OUT endorsement of any payments effected by us and/or for
cancellation.
Very truly yours,
TRI CITY NATIONAL
I