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CCR1992284AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #284-92 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Plum Creek WHEREAS, a Final Plat was submitted on October 8, 1992 for the 52-lot Plum Creek Subdivision in the SW 1/4 of Section 17; and WHEREAS, the Preliminary Plat was approved in Resolution #182-92; and WHEREAS, the Plan Commission has recommended approval; and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Plum Creek, 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 Plum Creek 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, as amended, and Letter of Credit for Plum Creek, 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 passage of Ordinance #771. 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 24TH DAY OF NOVEMBER , 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 #284-92 which was adopted by the Common Council of the City of Muskego. 11/92 jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #284-92 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Plum Creek WHERqAS, a Final Plat was submitted on October 8, 1992 for the 52-lot Plum Creek Subdivision in the SW 1/4 of Section 17; and WHEREAS, the Preliminary Plat was approved in Resolution #182-92; h nd WHEREAS, th Plan Commission has recommended approval; and WHEREAS, the Sybdivider's Agreement and Letter of Credit have been received fyr Plum Creek, as attached, and the Finance Committee has re ommended approval. NOW, THEREFORE, BE \ TT RESOLVED that the Common Council of the City of Muskego, upoy the recommendation of the Plan Commission, does hereby approve t Plum Creek Subdivision, subject ty Engineer and all objecting and approvi ipt of all fees as provided in Section 1 n Ordinance. BE IT FURTHER RESOLVE 's Agreement and Letter of Credit for ed, is hereby approved subject to approval o nd City Engineer, and subject to the approv redit by the City Attorney, all of said ined within thirty will be null and void. (30) days of the date Resolution or the same BE IT FURTHER RESOLVE is Resolution is a, 0 subject to passage of BE IT FURTHER RESOLVE Clerk are herebv authorized to sign the necessary document the name of-the City. SPONSORED BY: FINANCE COMMITTE Ald. Patrick A. \ P tterson Ald. Edwin P. Dumke\ Ald. David J. Sanders\ This is to certify that this is a true and accurate copy of Resolution #284-92 which was adopted bv the Common Council of the City of Muskego. 11/92 jmb City Clerk EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I LIST OF EXHIBITS BOUNDARY DESCRIPTION AND SUBDIVISION FINAL PLAT GRADING PLAN STORM SEWER PLAN WATER PLANS SANITARY SEWER EROSION CONTROL PLAN DEED RESTRICTIONS SUMP PUMP DRAINS 8 CLEANOUTS DECLARATIONS OF RESTRICTIONS SUBDIVIDER'S AGREEMENT PLUM CREEK i THIS AGREEMENT made this - day of November, 1992, by and between Plum Creek, Inc., called 'SUBDIVIDER', and the CITY OF MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the 'CIW. WITNESSETH WHEREAS, SUBDIVIDER has submitted for approval by the City a proposed final plat for 52 lots known as PLUM CREEK, the boundary description of which is attached hereto as Exhibit A; the original of which will be recorded with the Register Of Deeds for Waukesha County and a copy of which is on file in the Office of the City Clerk, for which a final plat was approved by the City, on; WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body @of the Crty 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 municipalrty and; WHEREAS, the City's Engineers, the Ci's Public Works Committee and Public Utility Committee and Finance Committee have duly approved contingent on certain other approvals SUBDIVIDER'S plans and specifications for the subdivision improvements, and the ClpTS Plan Commission and Common Council have duly approved the final plat of PLUM CREEK, contingent upon the execution and performance of this Agreement by the SUBDIVIDER. NOW. THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: SUBDIVIDER'S AGREEMENT SECTION 1. IMPROVEMENTS SUBDIVIDER, entirely at its expense shall: h Roads and Streets 1. Grade and improve all roads and streets in PLUM CREEK, in accordance with the plat of subdivision and the plans and specifications attached hereto, and made a pan hereof and marked Exhibit 'E', all in accordance with Clty street speclications. B. Surface Water Drainaqe and Maser Gradinq Plan: 1. SUBDIVIDER shall construct, install, furnish and provide facilities as approved by the City Engineer and Public Works Committee for storm and surface drainage throughout the entire Subdivision, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance with the plans and specifications attached hereto and made a part hereof and marked Exhibit 'c'~ 2. The CITY shall furnish to the SUBDIVIDER such permits or easements as may be required in any public street of public property to enter upon and install the above described surface water drainage System therein. 3. Grade and improve all Ids in conformance with the Master Grading Plan attached hereto and made a part of and marked 'Exhibit C'. C. Water 1. SUBDIVIDER shall construct, install, furnish, and provide a complete system of water supply and distribution. throughout the entire Subdivision, as approved by the Ci Engineer in accordance with the plans and specifications attached hereto as Exhibit V, The cost of the preparation of as-built plans shall be paid by the SUBDIVIDER. 2. The CITY shall furnish the SUBDIVIDER such permits or easements as may be required in any public street or public property to enter upon and install the above described water system therein. 3. Any water used from hydrants shall be metered and a permit taken out through the CITY OF MUSKEGO. 3 0 D. E. 0 F. 4. Subdivider shall complete, to the satisfaction of the City Engineers, any remaining punch list items concerning the water system, within 30 days after connection of the first residence to the water systems. Sanitaw Sewer: 1. SUBDIVIDER shall construct, install, furnish, and provide a complete sanitary sewage collection system throughout the entire Subdivision, all in accordance with the plans, specifications and drawings attached hereto as Exhibit 'E'. The cost of the preparation of as-built plans shall be paid by the SUBDIVIDER. 2. The CITY shall furnish the SUBDIVIDER such permits or easements as may be required in any public streets or public property to enter upon and install the above described sewage system therein. 3. Subdivider shall complete, to the satisfaction of the City Engineers, any remaining punch list items concerning the Sanitary Sewer System within 30 days after connection to the first residence of the Sanitary sewer system. Candscapinq: 1. Presewe existing trees outside of the public right-of-way wherever practical, when installing the Subdivision improvements. 2. Remove and lawfully dispose of: (a) all old barns and out buildings; (b) destroyed trees, brush, tree trunks, shrubs and other natural growth: (c) and all rubbish. 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. Erosion Control Measures: 1. SUBDIVIDER shall construct, install, furnish and provide a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, as approved by the City Engineer and Building Inspection Depanment and in accordance with the plans and specifications attached hereto as Exhibit 'F' also in accordance with Chapter 29 of the City's Municipal Code. 2. Install silt fencing in conformance with the approved plans prior to or in conjunction with the grading and construction work. Such fences shall be maintained by the SUBDIVIDER until such time as turf cover is established in the Subdivision. 4 3. Mulching and seeding of all terraced areas to comply with Chapter 29. The DEVELOPER is responsible for obtaining Erosion Control Permits for the site for controlling erosion on the site and each individual lot owner is responsible for obtaining a separate erosion control permit at the time any vegetation is disturbed and responsible for controlling erosion on their lot. e 4. 5. Ten Thousand Dollars ($lO.OOO.OO) from the Letter of Credit (under Section XIV), shall be retained until adequate vegetation is established as determined by Building Inspection Department. A reduction of fm percent (50%) of the Ten Thousand Dollar ($lO.OOO.OO) portion of the Letter of Credit is allowable upon verification of fifty percent (50%) of disturbed areas are vegetated. If, upon a written notification by the Building Inspection Department of non-compliance of Chapter 29, the terms are not corrected within five (5) days, the City may utilize the Ten Thousand Dollar ($lO,OOO.OO) portion of the Letter of Credit to correct the terms of non-conformance. SECTION II. TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section I above shall be completed within nine months from the signing of this Agreement except if an earlier date is provided for in the Agreement. DEDICATION Subject to all of the other provisions of this Agreement, SUBDIVIDER shall without charge to the CITY, upon completion of the above described improvements, unconditionally give, grant, convey, and fully dedicate the roads and streets, sanitary sewers, watermains. storm and surface water drainage facilities to the CITY, its successors and assigns, forever, free and clear of all encumbrances whatever together with and including, without limitations because Of enumeration, any and all land, buildings, structures, mains, conduits, pipe line plant, machinery, equipment, appurIenances and hereditament which may in any way be pan of or pertain to such improvements and together with any and all necessary easements for access thereto. SECTION IV. INSPECTIONS AND ADMINISTRATION FEES SUBDIVIDER shall pay and reimburse the CITY in advance of the signing of the Agreement, in accordance with Section 10 ofthe CITY'S Land Division Ordinance and at the times specified therein, all fees, expenses and disbursements which shall be incurred by the CITY prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the improvements covered by Section I, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications; SUpelviSiOn, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and 5 0 ordinances; legal, administrative and fiscal work undertaken to assure and implement such compliance. SECTION V. MISCELLANEOUS REQUIREMENTS The SUBDIVIDER shall: A. Easements: Provide any easements on SUBDIVIDERS land deemed necessary by the City Engineer prior to the Final Plat being signed, provided such easements are along lot lines and are not any more rearictke to the building of homes beyond the applicable sideyard and offset distances required by the zoning for such lots. B. Street Slqns: Reimburse the CITY for the cost of all street signs, traffic signs and posts, including the cost of their installations. C. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. D. Suwev Monuments: Properly place and install any lot, block or other monuments required by State Statute or City Ordinance. E. Deed Restrlctlons: Execute and record deed restrictions and provide proof of recording prior to sale of lots for PLUM CREEK in the form attached hereto, made a part hereof and marked Exhibt'G and shall contain the following language: 'Each lot owner must strictly adhere to and finish grade his lot in accordance with the Master Grading Plan on file in the office of the DEVELOPER and the office of the City Building Inspector. The DEVELOPER and/or the City and/or the agents, employees or independent contractors shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance, correction of any drainage condition and the Property Owner is responsible for cost of the same. F. Grades: Furnish to the Building Inspector of the CITY a copy of Exhibit 'B' showing the street grades in front of each lot, the lot corner grades of the buildings on adjoining lots, as existing and as proposed. G. Slaht Dlstances: Restricts lots so that no fence, wall, hedge, shrub, or planting which obstructs sight lines at elevations between Two (2) and Six (6) feet above the roadway shall be placed or permitted to remain 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. H. Sump Pump Connectlons: The SUBDIVIDER shall furnish to the Plumbing Inspector of the CITY a copy Of storm drains and clean out locations in the form attached hereto and made part hereto and marked Exhibit 'H' showing the locations of connections whereby sump pump drains can be connected from each dwelling to the storm sewer system. The ends of each line shall have a clean out in conformance with the City Standard Details. I. Declaratlon of Restrictlons: Execute and record Declaration Restrictions in the form attached hereto and made e part hereof and marked Exhibit 'I 6 Street Lhhts: Install street lights in accordance with Section 8.11 of the City's Land Division Ordinance. K Parkland Improvement Fund: Deposit with the City of Muskego Three Thousand Three Hundred Thirty Three and OO/lOO Dollars ($3,33300) at the time of executing this Agreement, to be utilized by the SUBDIVIDER for improvements to the private park that will be constructed in a future phase of PLUM CREEK. Said park area is to be completed in conjunction with PLUM CREEK ADDITION #l. It is required that the SUBDIVIDER shall deposit an additional deposit of Three Thousand Three Hundred Thirty Three and 00/100 Dollars ($3,333.00) each upon execution of each SUBDIVIDERS AGREEMENT for PLUM CREEK ADDITION NO. 1 and PLUM CREEK EAST. If the SUBDIVIDER does not provide said improvements within six (6) months of the execution of the SUBDIVIDER'S AGREEMENT for PLUM CREEK EAST (Phase Ill), the City of Muskego may utilize the funds at their discretion for improvements to the private park. If the money is not used, as stated above, within five (5) years, the CITY can use the money at is own discretion for any public park purpose. L Relmbursement for Offslte Sanltarv Sewer: The SUBDIVIDER has installed, at its expense, sanitary sewer to the southern property line of PLUM CREEK for the benefit of adjacent property owners. The City of Muskego agrees to reimburse the SUBDIVIDER within thirty (30) days of final approval of this improvement by the Ci Engineer and within thirty (30) days of submittal of a bill for installation of said improvements, whichever occurs last, in the amount of Five Thousand Six Hundred Five Dollars ($5,605.00). SECTION VI. GUARANTEES 0 The SUBDIVIDER shall guarantee the public roads and streets, sanitary sewers, watermains, Surface Water drainage improvements and other improvements described in Section I, items A,B,C,& D, hereof, against defects due to faulty materials or workmanship provided that such defects appear with a period of one (1) year from the date of dedication and acceptance. The SUBDIVIDER 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 situations. SECTION VII. GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, SUBDIVIDER shall indemnlfy 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, judgments, 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 SUBDIVIDER'S negligent construction or operation of improvements covered thereby, in its violation of any law Or ordinances, the infringement by it or any patent, trademark. trade name or copyright and its use of road improvements prior to their formal dedication and acceptance by the CITY. 7 SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS The SUBDIVIDER agrees that in addition to the CITY'S rights herein, the provision of the 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 SECTION IX. ACCEPTANCE OF WORK AND DEDICATION As when the SUBDIVIDER 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 CQ Engineer. SECTION X. EROSION CONTROL PLAN AND PERMIT The SUBDIVIDER shall submit to the CITY, an application for a Land Disturbing Permit and an Erosion Control Plan, all in accordance with the requirements of Section 29.06 of the CITY'S Erosion Control Ordinance (Ordinance #560). CONSTRUCTION PERMITS, ETC. @?o~hkY shall. within its authority, issue such permits, adopt such resolutions, and execute such documents Bs may be necessary to permit SUBDIVIDER to construcl the improvements in accordance with the plans and specifications called for by this Agreement, upon SUBDIVIDER'S compliance with any deposit provisions or other requirements of the applicable ordinances or regulations; and the CITY shall cooperate with the SUBDIVIDER in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 2. The CITY shall, as a condition of the SUBDIVIDER executing this Agreement, make available to the SUBDIVIDER 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 OCCUPANCY PERMITS The DEVELOPER ( or Assignee) shall be allowed to construct no more that two (2) model homes. It is expressly understood and agreed that no Occupancy Permits shall be issued either for the said model homes and no building permits or occupancy permits shall be issued for any other homes until the City's Engineers have determined that: A The sewer, water facilities and surface water drainage facilities required to serve such homes are connected with an operation system as required herein, and The Building Inspector verifies that the installation of the first lift of asphalt has been installed. 8 SECTION XIII. 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 accordance with and subject tO the provisions of said ordinances. SECTION XIV. FINANCIAL GUARANTEE Prior to the execution of this Agreement by the CITY, the SUBDIVIDER shall file with the CITY a Letter Of Credit setting forth terms and conditions approved by the CITY Attorney in the amount of $ , as a guarantee that the required plans, improvements, and approvals will be completed by the SUBDIVIDER and his subcontractors no later than nine (9) months from the signing of the Agreement, except if an earlier date is provided within this agreement and as a further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied. SECTION XV. PARTIES BOUND SUBDIVIDER 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. SECTION XVI. ASSIGNMENT 0 SUBDIVIDER shall not assign this Agreement without the wriien consent of the CITY. 9 IN WITNESS HEREOF, SUBDIVIDER AND CITY have caused this Agreement to be signed by their @appropriate officers and their seals to he hereunto affixed in duplicate original counterparts on the date and year first written above. SUBDIVIDER: PLUM CREEK, INC. By: Roben A. Patch, President By: William W. Carii, Secretary CITY OF MUSKEG0 By: Wayne G. Salentine, Mayor By: Jean Marenda, Clerk 10 Personally came before me this day of ~ I9 , the above-named Roben A. Patch, President, and William W. Carity. Secretary, of PLUM CREEK, INC., to me known to be such President and Secretary Of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said PLUM CREEK, INC., by its authority. Notary Public, County, WI My Commission Expires: STATE OF WISCONSIN 1 WAUKESHA COUNTY ) ) Personally came before me this day of , 19 , the above-named Wayne G. Salentine, Mayor, and Jean K Marenda, CITY Clerk, of the above-named municipal corporation CITY of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and CITY Clerk of said Municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority, and pursuant to the authorization by the Common Council from their meeting on the day of -19 Notary Public, County, WI My Commission Expires: e 11 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider’s Agreement for PLUM CREEK SUBDIVISION, Muskego, Wisconsin, as entered into on the day of , 19 , by and between PLUM I CREEK, INC., and the CITY OF MUSKEGO, pursuant to the authorization by the Common Council form their meeting on the day of ,19 . Jean U Marenda, City Clerk Clerk of Muskego, Wisconsin 12 0 THE EQUITABLE BANK sB IRREVOCABLE STANDBY DOCUMENTARY CREDIT Date: Nov. 2, 1992 Amount : $ No. 14006111 Applicant: PLUM CREEK, INC. BENEFICIARY: W182 S82@ Racine Ave. City of Muskego Muskego, WI 53150 a Dear Sirs: We hereby issue this irrevocable documentary credit in your draft(s) at sight drawn on The Eauitable Bank. S.S.B. for favor, City o-f Muskego, which is available by beneficiary's amount of $ 89,060.00. the account of-Plum Creek, Inc. (Developer) up to agregate This Standby Credit is to provide a guarantee to the City of Muskego for the performance of Developer's obligations, to as set forth in Section 1 of that certain Agreement dated plan to construct, and obtain approvals of certain improvements between the City of Muskego and Plum Jmy kWBe j+c-?m& Ly. k Inc he Subdivider's A re ment ). A statement signed by the Mayor of the City of Muskego stating construction or approval of Subdivision improvements in that Plum Creek, Inc. has failed to comple.te the planning, accordance with the Subdivider's Agreement. The statement Creek, Inc. has failed to complete along with the estimated shall set forth which plans, improvements, or approvals Plum amount necessary for the City of Muskego to complete such plans, improvements, or approvals.