CCR1993192AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #192-93
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
Lutsch Estates
WHEREAS, a Final Plat was submitted on June 29, 1993 for 10
single family lots and one outlot for Lutsch Estates, in the NE
1/4 of Section 11; and
WHEREAS, the Preliminary Plat was approved in Resolution #148-93;
and
WHEREAS, the Plan Commission has recommended approval subject to
the final recommendations of all approving agencies and any
required documents; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lutsch Estates, 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 10 single family lots and
subject to approval of the City Engineer and all objecting and
approving agencies, receipt of all fees as provided in Section 10
of the Land Division Ordinance, and any required documents.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Lutsch Estates, as attached, are 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.
BE IT FURTHER RESOLVED that all above conditions of approval for
the Final Plat, Subdivider's Agreement and Letter of Credit must
be met within thirty (30) days of the date of approval of this
Resolution or the same will be null and void.
0 one outlot for Lutsch Estates, in the NE 1/4 of Section 11
0 Resolution #192-93
BE IT FURTHER RESOLVED that the Common Council President and
Clerk are hereby authorized to sign the necessary documents in
the name of the City.
DATED THIS lOTH DAY OF AUGUST , 1993.
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 #192-93 which was adopted by the Common Council of the
City of Muskego.
8/93jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #192-93
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
Lutsch Estates
WHEREAS, a Final Plat was submitted on June 29, 1993 for 10
single family lots and one outlot for Lutsch Estates, in the NE
1/4 of Section 11; and
WHEREAS, the Preliminary Plat was approved in Resolution #148-93;
and
WHEREAS, the Plan Commission has recommended approval subject to
the final recommendations of all approving agencies and any
required documents; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lutsch Estates, 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 10 single family lots and
one outlot for Lutsch Estates, in the NE 1/4 of Section 11
subject to approval of the City Engineer and all objecting and
approving agencies, receipt of all fees as provided in Section 10
of the Land Division Ordinance, and any required documents.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Lutsch Estates, as attached, are 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.
BE IT FURTHER RESOLVED that all above conditions of approval for
the Final Plat, Subdivider's Agreement and Letter of Credit must
be met within thirty (30) days of the date of approval of this
Resolution or the same will be null and void.
a Resolution #192-93
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
DATED THIS DAY OF , 1993.
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
City of Muskego.
Resolution #192-93 which was adopted by the Common Council of the
8/93 jmb City Clerk
State Bank Hales Corners
P.O. Box 405
S76 W17655 J
Mu&?c?&6Nf%??'??f $W""" anewil"-
AMOUN?
~
TO City of Muskego
Muskego, WI 53150
DATE
WE HEREBY AU?liORKE YOU TO DRAW ON US FOR THE ACCOUNT OF Shirley i(rahn for LIJ :tsch. Estat :es
UP TO AN AGGREGATE AMOUNT OF 9 76
AVAILABLE BY YOUR DRAFTISI AT SIGHT TO BE ACCOMPANIED BY
..
We hereby issue this Irrevocable Standby Letter of Credit in xour favor (the beneficiary's)
which is available by beneficiary's draft(s) at sight drawn on State Bank Hales Corners,
Hales Corners, Wisconsin. Each draft and accompanying documents must state "?Irawn Under 1 State Bank Hales Corners, Hales Corners, WI, Letter of Credit No. 9314. ' This Standby Letter of Credit is to provide security to the City of Muskego for the
performance of Shir1.y Krahn oblieattons to complete all improvements required by
Subdividers Agreement between Shiri'zy Krah and the City of Muskego, property reference
currently being Tax Key No. a. afts are to be accompanied by a statement by the Mayor of the City of Muskego stating
lrley Krahn has failed to complete the construction of all improvements in accordance
with 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.
ALL DRAFlS MUST BE MARKED "DRAWN UNDER LETTER OF CREDIT OF-BankHales- INAM OF ISSUING 0WK.I
NO. 9314 DATED , 19-."
CHAMBER OF COMMERCE BROCHURE NO. 400. WE AGREE WITH YOU TO PAY DRAFTlSl DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUWECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11383 REVISIONI. INTERNATIONAL
OF rws CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS L~ER OF CREDIT ON OR DEFORE THE CLOSE OF OUR BUSINESS ON
Slock No. 11244
State Bank- CorneJ-s
SUBDIVIDER'S AGREEMENT
This Agreement, made this
and between The Albert Lutsch Estate, "The Developer" and the City
day of , 1993, by
of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, hereinafter called the "City."
WITNESSETH
WHEREAS, the Developer has submitted for approval by the City
which is attached hereto as Exhibits A, the original of which will
a proposed Final Plat for Lutsch Estates, boundary description of
be recorded with the Register of Deeds of Waukesha County and
copies of which are on file in the.0ffice of the City Clerk, for
which a Final Plat was approved by the City
on I
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
Committee and Finance Committee have duly approved, contingent of
WHEREAS, the City's Engineers, the City's Public Works
certain other approvals, Developer's plans and specifications for
Council have duly approved the final plat of Lutsch Estates,
subdivision improvements, and the City's Plan Commission and Common
contingent upon the execution and performance of this agreement by
the Developer.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
REVISED AUGUST 9, 1993
-1-
LUTSCH SUBDIVIDER'S AGREEMENT 0 PAGE
SECTION I. IMPROVEMENTS:
The Developer, entirely at his expense, shall:
A. DITCHING:
1. Grade and improve a roadside ditch along Woods Road
and provide a concrete invert in that portion shown
on the plans and specifications attached hereto,
made a part hereof and marked Exhibit "B" , all in
accordance with the City's street specifications.
B. MASTER GRADING PLAN:
1. Grade and improve all lots in conformance with the
Master Grading Plan attached hereto and made a part
hereof and marked Exhibit "B".
C. EROSION CONTROL MEASURES
1. DEVELOPER shall construct, install, furnish and
provide a complete system of Erosion Control
Devices or measures in specified areas of the
Development, as approved by the City Engineer and
Building Inspection Department and in accordance
with the plans and specifications attached hereto
as Exhibit "B" also in accordance with Chapter 29
2. Install silt fencing in conformance with the
of the City's Municipal Code.
approved plans prior to the grading and
by the DEVELOPER until such time as turf cover is
construction work. Such fences shall be maintained
established in the Development. No grading shall
occur without a two (2) day notice to the City.
3. Mulching and seeding of all terraced areas to
4. The DEVELOPER is responsible for obtaining Erosion
comply with Chapter 29.
Control Permits for the site for controlling
erosion on the site and each individual lot owner
is responsible for obtaining a separate erosion
disturbed and are responsible for controlling
control permit at the time any vegetation is
erosion on their lot.
LUTSCH SUBDIVIDER'S AGREEMENT
PAGE 3
5. One Thousand Dollars ($1,000.00) from the Letter of
adequate vegetation is established as determined by
Credit (under Section XII), shall be retained until
the Building Inspection Department. A reduction of
fifty percent (50%) of the One Thousand Dollars
($1,000.00) portion of the Letter of Credit is
allowable upon verification of fifty percent (50%)
of disturbed areas are vegetated.
written notification by the Building Inspection
If , upon a
Department of non-compliance of Chapter 29, the
terms are not corrected within five (5) days, the
City may utilize the One Thousand Dollars
($1,000.00) portion of the Letter of Credit to
correct the terms of non-conformance.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be
completed within one (1) year from signing of this Agreement except
if an earlier date is provided for in the Agreement.
SECTION 111. INSPECTIONS AND ADMINISTRATION FEES:
signing of the Agreement, in accordance with Section 10 of the
DEVELOPER shall pay and reimburse the City in advance of the
CITY'S Land Division Ordinance and at times specified therein but
in any event, no later than thirty (30) days after billing, all
CITY prior to and following the date hereof in connection with or
fees, expenses and disbursements which shall be incurred by the
acceptance of the improvements covered by Section I, including
relative to the construction, installation, dedication and
without limitation by reason of enumeration, design, engineering,
preparing, checking and review of designs, plans and
specifications;
construction is in compliance with the applicable plans,
supervision, inspection to insure that
specifications, regulations and ordinances; legal, administrative
and fiscal undertaken to assure and implement such compliance.
SECTION IV. MISCELIANEOUS REQUIREMENTS:
The DEVELOPER shall:
A. Manner of Performance: Cause all construction called for
by this Agreement to be carried out and performed in a
B. Survey Monuments: Properly place and install any lot,
good and workmanlike manner.
block or other monuments required by State Statute or
City Ordinance.
LUTSCH SUBDIVIDER'S AGREEMENT 0 PAGE 4
C. Grades: Furnish to the Building Inspector and the CITY a Copy of Exhibit "B" showing the street grade in front of
each lot, the finished yard grade, the grade of all four
(4) corners of the lot and grades of the buildings on
adjoining lots, where applicable, as existing and as
proposed.
SECTION V. GUARAUTEES:
The DEVELOPER shall guarantee the surface water drainage
A, B, and C, hereof, against defects due to faulty materials or
improvements and other improvements described in Section I, Items
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
situation.
0 SECTION VI. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any
provisions of this agreement or documents incorporated herein by
to accept tender of defense and to defend and pay any and all
reference, SUBDIVIDER shall indemnify and save harmless and agrees
reasonable legal, accounting, consulting, engineering, and other
expenses relating to the defense of any claim asserted or imposed
upon the City, its officers, agents, and employees and independent
contractors growing out of this agreement as stated above by any
party or parties. The Subdivider shall also name as additional
insureds on its general liability insurance the City, its officers,
agents, employees and any independent contractors hired by the City
to perform service as to this Subdivision and give the City
evidence of the same upon request of the City.
SECTION VII. 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.
LUTSCH SUBDIVIDER'S AGREEMENT
PAGE 5
SECTION VIII. 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 Engineer, City Finance Committee and
Common Council.
SECTION IX. EROSION CONTROL PLAN AND PERMIT:
The DEVELOPER shall submit to the CITY, an application for a
Land Disturbing Permit and an Erosion Control Plan in accordance
with the requirements of Section 29.06 of the CITY'S Erosion
Control Ordinance (Ord. #560).
SECTION X. CONSTRUCTION PERMITS, ETC...:
1. The CITY shall, within its authority, issue such permits,
adopt such resolutions, and execute such documents as may be
necessary to permit the DEVELOPER to construct the improvements in
accordance with the plans and specifications called for by this
agreement, upon DEVELOPER compliance with 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.
2. The CITY shall, as a condition of the DEVELOPER executing
this Agreement, make available to the DEVELOPER or their nominee
successors or assigns, building permits for the construction of
single family residences subject to the provision of Section XII.
SECTION XI. 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
accordance with and subject to the provisions of said ordinances.
required hereunder shall be performed and carried out in strict
LUTSCH SUBDIVIDER’S AGREEMENT
PAGE 6
SECTION XII. FINANCIAL GUARANTEE:
Prior to the 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 amount of
and approvals will be completed by the DEVELOPER and his
subcontractors no later than one (1) year from the date 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.
$ as a guarantee that the required plans, improvements,
SECTION XIII. PARTIES BOUND:
agreement or any part herein as it applies to any phase of the
DEVELOPER or his assignees shall be bound by the terms of this
development of the Development.
SECTION XIV. ASSIGNMENT:
DEVELOPER shall not assign this Agreement without the written
consent of the CITY.
LUTSCH SUBDIVIDER'S AGREEMENT 0 PAGE 7
IN WITNESS HEREOF, DEVELOPER and CITY have caused this
Agreement to be signed by their appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts on
the day and year first written above.
DEVELOPER:
By :
THE ALBERT LUTSCH ESTATE
Shirley Krahn, PERSONAL REPRESENTATIVE FOR
CITY OF MUSKEGO:
By :
David L. DeAngelis, Mayor
' 0 By:
Jean Marenda, City Clerk
STATE OF WISCONSIN ) ss MILWAUKEE COUNTY )
PERSONALLY came before me this day of
1993, Shirley Krahn, to me known to be the person who executed the
foregoing instrument and acknowledged the same.
I
Notary Public-State of Wisconsin
My Commission Expires
'0
0 PAGE 8
LUTSCH SUBDIVIDER'S AGREEMENT
WAUKESHA COUNTY
STATE OF WISCONSIN ) ss
)
PERSONALLY came before me this day of
1993, the above named David L. DeAngelis, Mayor, and Jean Marenda,
Muskego, to me known to be the persons executed the foregoing
CITY Clerk, of the above -named municipal corporation CITY of
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
I
, 1993.
Notary Public-State of Wisconsin
MY Commission Expires
I
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of
the Develouer's Aareement for Lutsch Estates Subdivision, Muskego, L - Wisconsin, as entered into on the day of , 1993, by and between the DEVELOPER and
the CITY OF MUSKEGO, Dursuant to the authorization by the Common
a
Council from the& meeting on the day of , 1993.
Jean Marenda, City Clerk
Clerk of Muskego, Wisconsin
PAGE 9
LUTSCH SUBDIVIDER'S AGREEMENT
LIST OF EXHIBITS
LUTSCH ESTATES
EXHIBIT A BOUNDARY DESCRIPTION h FINAL PLAT
EXHIBIT B GRADING h EROSION CONTROL PLAN