CCR1994043AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #43-94
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
Plum Creek East Subdivision
WHEREAS, a Final Plat was submitted on January 6, 1994 for the
40-lot Plum Creek East Subdivision in the NW 1/4 of Section 17;
and
WHEREAS, the Preliminary Plat was approved in Resolution #71-93;
and
WHEREAS, the Plan Commission has recommended approval subject to
satisfactory fulfillment of concerns/conditions of the City
Planning, Building and Parks Departments, the City Engineer, the
State of Wisconsin Department of Agriculture, Trade and Consumer
Protection, Waukesha County Park and Planning, any required
easement or dedication documents, and construction plans (grading
plan); and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Plum Creek East Subdivision, as amended by the
Finance Committee and subject to approval of Attorney William
Guis, 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 East
City Engineer and all objecting and approving agencies, and
Subdivision, subject to approval of various City Departments, the
Division Ordinance.
receipt of all .fees as provided in Section 10 of the Land
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Plum Creek East Subdivision, as amended by
Attorney William Guis and City Engineer, and subject to the
the Finance Committee, is hereby approved subject to approval of
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 #830.
Resolution #43-94
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 22ND DAY OF FEBRUARY , 1994.
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 #43-94 which was adopted by the Common Council of the
2/94 jmb
SUBDIVIDER'S AGREEMENT
PLUM CREEK EAST
'SUBDIVIDER', and the Crpl 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 40 lots and 3 Outlots known
as PLUM CREEK EAST, 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 2 fl G/
0 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, the ClWs Public Works Committee and Public Utility Committee and Finance
Committee have duly approved contingent on certain other approvals SUBDIVIDERS plans and specifications for the
subdivision improvements, and the CITY'S Plan Commission and Common Council have duly approved the final plat of
PLUM CREEK EAST, 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:
A. Roads and Streets
1. Grade and improve all roads and streets in PLUM CREEK EAST, in accordance with the plat Of said
subdivision and the plans and specifications attached hereto, and made a pait hereof and marked Exhibit 'E', all in
accordance with city street specifications.
Surface and Storm Water Drainaae and Master Gradina Plan:
1.
2.
3.
4.
5.
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'. The CITY
of Muskego retains the right to require SUBDIVIDER to install additional storm drainage and erosion
control measures; if the CITY determines (which determination shall be final and binding upon
SUBDIVIDER) the same to be necessary for proper storm and surface water control and/or proper erosion
control.
The CITY shall furnish to 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 surface water drainage System
therein.
Grade and improve all lots in conformance with the Master Grading Plan attached hereto and made a Part
of and marked 'Exhibit C'. Restore with topsoil and seed. Establish dense vegetation.
All swales and ditches must be graded to within minus three (3) inches of final grade.
SUBDIVIDER shall, at the expense of the SUBDIVIDER, clean all stom sewers prior to May 15, 1994 and
acceptance of improvements by the CITY of Muskego.
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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 CITY Engineer and Public Utilities
Committee, 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 (upon payment by SUBDIVIDER of
all applicable fees, if any) 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.
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.
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D. Sanitaw Sewer:
I.
I 0
2.
3.
4.
SUBDIVIDER shall construct, install, furnish, and provide a complete sanitary sewage collection system
throughout the entire Subdivision as approved by the CITY Engineer and the Public Utilities Committees,
all in accordance with the plans, specifications and drawings attached hereto as Exhibt 'F. The Cost Of
the preparation of as-built plans shall be paid by the SUBDIVIDER.
The CITY, upon payment by SUBDIVIDER of all applicable fees, if any, 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.
Subdivider shall complete, to the satisfaction of the CITY Engineers, any remaining punch list items
concerning the Sanitary Sewer System within30 days after connection to the first residence of the Sanitary
sewer system.
DEVELOPER shall televise the sanitary sewer system, repair any defects as determined by the CITY
Engineer, and supply the video tape to the CITY of Muskego, and clean all sewer lines prior to the
issuance of building permits and acceptance of improvements by the CITY OF MUSKEGO.
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F.
Landscaping:
1. The SUBDIVIDER shall preserve existing trees outside of the public right-of-way wherever practical, when
installing the Subdivision improvements.
2. The SUBDIVIDER shall remove and lawfully dispose of: (a) all old bams and out buildings: (b) destroyed
trees, brush, tree trunks, shrubs and other natural growth: (c) and all rubbish.
3. The SUBDIVIDER shall plant street trees in accordance with Section 18.0913 of the Muskego Land
Division Ordinance and Resolution #P.C. 101-93.
4. The SUBDIVIDER shall provide for and install all bike paths, as illustrated and described on Exhibit 'A'.
Erosion Control Measures:
1.
2.
3.
4.
5.
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 Department and in accordance with the plans and specifications attached hereto as Exhibit
'F' also in accordance with Chapter 29 of the ClWs Municipal Code.
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. No grading shall occur without a two (2) day notice to the CITY.
Mulching and seeding of all terraced areas to comply with Chapter 29.
In addition to any other remedies the CITY may have, the SUBDIVIDER 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.
In addition to any other remedies the CITY may have, Ten Thousand Dollars ($1 0,000.00) 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 fifty percent (50%) of the Ten Thousand Dollar
($10,000.00) portion of the Letter of Credit is allowable upon veraication of fifiy percent (50%) of disturbed
areas are vegetated. If, upon a written notification by the Building Inspection Department Of non-
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compliance of Chapter 29, the terms are not corrected within five (5) days, the CITY may utilize the Ten
Thousand Dollar ($10,000.00) portion of the Letter of Credit to correct the terms of non-conformance,
6. SUBDIVIDER shall fully repair and restore any damage to property outside the site resulting from sift,
storm or surface water emanating from the site, regardless of compliance or non-compliance with CITY
permits or approvals.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be completed within one (I) year from the signing of this
Agreement except if an earlier date is provided for in the Agreement. The final surface course pavement shall be deferred
until ninety percent (90%) of the homes have been completed,
SECTION 111. DED~CATION
Subject lo 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, curbs, sanitary sewers, watermains, storm and sulface water drainage facilities to the CITY, its successors and
Wlgns, 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,
appurtenances and hereditament which may in any way be part of or pertain to such improvements and together with
any and all necessary easements for access thereto. The CITY will be receptive to the dedication of said improvements,
after the first lift of bauminous concrete pavement has been installed, When all said utilities have been complete and
approved by the CITY Engineers and other agencies as applicable.
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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 18.1100 of the 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; supervision, inspection to insure that construcfion is in compliance with the applicable plans, specifications,
regUlatiOnS and ordinances; legal, administrative and fiscal work undertaken to assure and implement such Compliance.
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0 SECnoN v.
MISCELLANEOUS REQUIREMENTS
The SUBDIVIDER shall:
A. Easements: Provide any easements on SUBDIVIDER'S land deemed necessary by the CllY Engineer
prior to the Final Plat being signed, provided such easements are along lot lines or the rear of the lots and are
not any more restrictive 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 ail construction called for by this Agreement to be carried out and performed
I in a good and workmanlike manner.
D. Survev 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 EAST in the form attached hereto, made a part hereof and marked ,ExhibTG. Such restrictions shall I 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 SUBDIVIDER and the office of the CITY Building Inspector
unless a change is approved by the CITY Engineer. The SUBDIVIDER 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 Properly 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 finished yard grade, the grades of all four (4) corners of the lot, the lot corner, and grades Of the
buildings on adjoining lots, where applicable, as existing and as proposed.
G. Slqht Dlstances: Restrict lots on the face of the plat so that no fence, wall, hedge, shrub, planting or other
structure of any kind which exceeds a height of 2-1/2 feet above the center line of the intersection shall be
permitted in the vision setback area in conformance with Section 17:5,02(2)F&G of the Zoning Ordinance of the
CITY of Muskego.
H. Sump Pump Connectlons: The SUBDIVIDER shall furnish to the Plumbing Inspector of the CITY a COW of
stom 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. Street Llqhts: Install street lights in accordance with Section 18.091 1 of the CITY'S Land Division Ordinance.
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Parkland Improvement Fund: Deposit with the CITY of Muskego Three Thousand Three Hundred Thirty Three
and 00/100 Dollars ($3,333.00) at the time of executing this Agreement, to be utilized by the SUBDIVIDER for
improvements to the private park that will be constructed in the PLUM CREEK O.P.D. Plans and contracts for
such improvements shall be approved, in advance, by the CITY Engineer. If the SUBDIVIDER does not provide
said improvements within six (6) months of the execution of the SUBDIVIDER'S AGREEMENT for PLUM CREEK
EAST, 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 rive (5) years, the CITY can use the money at is own discretion for any
public park purpose.
Declaratlon of Restrlctlons: Execute and record the Declaration of Restrictions in the form attached hereto and
made part hereof and marked Exhibit '1'.
m: Submit to the CITY valid copies of all agency permits including the Wisconsin DNR and US. Army
Corps. of Engineers before construction commences and prior to any reconstruction meeting.
Sewer Extension Permits: (a) The ClTYof Muskego has, pursuant to the provision of Chapter 21 of the CITY
Code, granted the SUBDIVIDER 217 sewer extension permits for the development of all lands contemplated by
the SUBDIVIDER in all phases of this development including future phases. SUBDIVIDER is using 100 of the
above-noted sewer extension permits in the phase of development which is the subject of this Subdivider's
Agreement and shall secure the instailation of said sewer extensions as provided elsewhere in this agreement and
as required by the CITY Code. There will then remain 61 sewer extension permits for future phases of the
development. (PLUM CREEK ADDN. #I)
(b) The remaining 61 extension permits shall automatically terminate and the allocation of said capacity shall
cease to the extent that said sewer extension is not certified, by a representative appointed by the CITY to make
said certification, to be completely constructed and approved within four years of the execution of the present
Subdivider's Agreement.
(c) The SUBDIVIDER may, within the four year period referred to above, request that the CITY enter into an
additional Subdivider's Agreement for the next phase of the development. Any remaining sewer extension permits
whicti have not been used within the four years as noted above may be extended pursuant to the terms of said
Subdividets Agreement provided, however, that the installation of sewer extensions must be secured as provided
in this agreement or, when not prohibited by other ordinances or resolutions of the CITY, upon other SeCUrlty
deemed appropriate by the CITY and under terms and conditions satisfactory to the CITY and in accord with the
CITYS ordinances, resolutions and policies. Any remaining sewer extension permits not secured as provided
herein shall expire within four years of the date of execution of that subsequent Subdivider's Agreement.
(d) The SUBDIVIDER may request additional Subdivider's Agreement($ be entered into for subsequent
phases. Any such agreement shall be subject to the same terms and conditions as stated in subsections (a), (b)
and (c) above.
a
(e) Notwithstanding any of the above provisions, all sewer extension permits granted to the SUBDIVIDER as 0 referenced in this Agreement, shall automatically terminate and the allocation of said capacity shall cease on the 2 day
of IAI*A ,2002.
SECTION VI. GUARANTEES
The SUBDIVIDER shall guarantee the sanitary sewers, watermains, surface water drainage improvements and
all 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 within a period of one (1) year from the date of dedication and
acceptance. The SUBDIVIDER shall guarantee the public roads and streets against defects due to faulty materials or
workmanship provided that such defects appear within a period of two (2) years 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 barto 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, or to any other remedies that may be available to the CITY by law or in equity, SUBDIVIDER shall
indemnify, save harmless and defend the CITY, its officers, agents, employees, and independent contractors, from and 0 against any and all judgements, claims, demands or actions asserted against them, and any and all legal, accounting,
I consulting, engineering, and other expenses of every type or description, incurred by or on behalf of them, whenever
b brought, obtained or incurred, which may in any manner, in whole or in part. arise in the course of, out of, or as a result
1 constructed hereunder, its violation of any law or ordinance, the infringement by it of any patent, trademark, trade name
of the SUBDIVIDER'S operations in or about this subdivision, negligent construction or operation of improvements
or copyright, or its use of any road improvements or other public ways. Acts or omissions of any agent, contractor,
subcontractor or lower-tier contractor of SUBDIVIDER shall be considered acts or omissions of the SUBDIVIDER for
purposes of this indemnity. 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 services as to this
subdivision, and give the CITY evidence of the same within ten (10) days of the execution of this Agreement.
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. Further, the Sale Of
any lot or parcel shall not release the SUBDIVIDER from completing the work on the attached exhibits.
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0 SECT'oN IX
ACCEPTANCE OF WORK AND DEDICATION
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
CITY Engineer, the CITY Finance Committee and CITY Council.
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 ClTYS Erosion Control Ordinance (Ordinance #560).
Unless othenvise approved by the CITY, no construction or grading can begin until said permit is received from the CITY.
SECTION XI. 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 SUBDIVIDER to construct 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.
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t 0 2 The ClTYshall, as a condaion 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, duplex and multi-family
residences subject to the provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS
The SUBDIVIDER (or Assignee) shall be allowed to construct no model homes. It is expressly understood and
agreed that no Occupancy Permits shall be issued for any homes until the ClWs Engineers have determined that:
A The sanitary sewer, water facilities and surface water drainage facilities required to seNe such homes are
connected with an operating system as required herein, and
B. The Building Inspector verifies that the installation of the first lift of bituminous concrete base Course pavement
has been installed.
C. No Building Permits shall be issued prior to all signatures being obtained on the Deed Restrictions (Exhibit '63.
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
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and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the
SECTION XIV. FINANCIAL GUARANTEE
Prior to the execution of this Agreement by the CITY, the SUBDIVIDER shall file with the CITY an Irrevocable
Letter of Credit, the form and issuer of which have been approved by the CITY Attorney, as a guarantee that the required
plans, improvements, approvals and other work and obligations of the SUBDIVIDER hereunder will be completed by the
SUBDIVIDER and his subcontractors in accordance with all of the terms and conditions hereto, no later than one (1) year
from the signing of the Agreement, or by such earlier date as may be specified herein, and as a further guarantee that
all obligations to the subcontractors for work on the Subdivision are satisfied.
pefforming SUBDIVIDER’s obligations hereunder. The CITY has determined initially that such amount is $ 60 :9 400 .
The expiration date of the Letter of Credit shall be no earlier than fid 71, (’??5 , and shall be extended as necessary
until the CITY shall have determined that all obligations of the DEVELOPER hereunder have been fully performed.
Evidence of any necessary extensions shall be delivered to the CITY not later than ten (IO) business days prior to the
then-existing expiration date. If such evidence is not delivered as required herein, the CITY shall draw the full amount
of the Letter of Credit prior to its expiration. If the CITY determines that SUBDIVIDER has failed to perform any obligation
in the time or manner required by this Agreement and the SUBDIVIDER fails to cure such nonperformance within twenty
(20) days of written notice thereof from the CITY, the CITY, in addition to any other remedies it may have, may take such
Steps as it deems appropriate to correct the nonperformance and draw upon the Letter of Credit to pay or reimburse the
full costs thereof. The amount of the Letter of Credit shall be reduced by the amount of any draws made by the CITY,
and in addition, may be reduced at SUBDIVIDER’S request upon the specific written authorization of the CITY to reflect
SUBDIVIDER’S satisfactory performance of portions of its obligations hereunder, provided, however, that the Letter of
Credit shall not be reduced below the amount deemed necessary by the CITY to complete SUBDIVIDER’S remaining
obligations under this Agreement. Requestsfor reduction shall be accompanied by copies of contracts, invoices. receipts,
waivers of lien or other evidence satisfactory to the CIM to demonstrate that the work has been paid for or will be paid
for pursuant to the reduction in the Letter of Credit, and such other information and documentation as the CITY may
require. If the CITY determines, at any time, that the remaining balance of the Letter of Credit is insufficient to pay the
Costs of completing all remaining obligations of the SUBDIVIDER hereunder, and so notifies the SUBDIVIDER in writing.
the SUBDIVIDER shall cause the amount of the Letter of Credit to be increased to the amount specified in the CITY’S
notice within twenty (20) days thereafter,
The Letter of Credit shall be in an amount determined by the CITY to be sufficient to pay the estimated costs of
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
0 any phase of the development of the Subdivision.
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a SECTION XVI. ASSIGNMENT
SUBDIVIDER shall not assign this Agreement without the written consent of the CITY.
SECTION XVII. AMENDMENTS
Any amendments to this Agreement or Exhibits shall be approved by the Common Council of the CITY Of
Muskego and shall be made part of this Agreement.
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N 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 EAST, INC.
\ .
By: \a-
William W. Carity, President
h
By:
Patricia Cahill Carity, Secretay-
CITY OF MUSKEG0 A
.””
David L DeAngelis. Mayor
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0 STATE OF WISCONSIN )
WAUKESHA COUNTY 1
)
Personally came before me thi& &!k%%d-J day of , 19fLhe above-named William W. Carity, President,
and Patricia Cahill Cari, Secretary, of PLUM CREEK EAST, INC., to me known to be such President and Secretary of
said CoFporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said
PLUM CREE~~ST,.,lNC::"~~,jts auth&i. *.:..>%:?.y.
".-:;,,,!.. .I. . ~~ I _i. 2. -,+ "..".! ,.'!:. - ,<.. <- .. .. .::+ _. ,.- I'
..>, . .. .I. ,"?Y~. ._r' y;, ,si.
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3 'f '... . #.?I i_.
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f .. ,:: .J ." fi$Tfi;?+ ;.
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'.,'. i qISL,C, .+, 'j [S My Commission Expires:
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'%?.. $ ,$&\<$ .\.> =-
STATE OF WlSCONS\P )
)
)
%:,,.:. ..\X" 1 WAUKESHA COUNTY
I Personally came before me thia'day ofy&?d , 19de above-named David L DeAngelis,
i 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 I and pursuant to the authorization by the Common Council from their meeting on the&%{
Notary Public, /!,&.4j%sha, County, WI
My Commission Expires: rn
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CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for PLUM CREEK EAST
SUBDIVISION, Muskego, Wisconsin, as entered into on the & day of MR ec/c , 198 by and beween PLUM
CREEK EAST, INC., and the CITY OF MUSKEGO, pursuant to the authorization by the Common 'Council from their
meeting on the day of Gatuacy , 193.
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[Bank Letterhead]
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
Credit No.: Amount: $
Date:
Applicant: [Name of Subdivider1
Beneficiary: City of Muskego 0 Expiration:
W182 S8200 Racine Avenue
Muskego, WI 53150
Dear Sirs:
At the request of our customer, [Name of Subdivider], we hereby establish in your favor
this irrevocable standby letter of credit in the maximum aggregate amount of $
(as reduced from time to time in accordance with the provisions hereof, the "Available
Amount"), available by your draft or drafts at sight upon the terms and conditions
hereinafter set forth. This letter of credit is effective immediately and may be drawn
upon as more particularly set forth herein as provided in the Subdivider's Agreement
dated as of between you and our customer.
Required Documentation:
Funds under this letter of credit are available to you against sight draft(s)
substantially in the form of Annex A presented to us by you at our office at [address of
issuing bank]. Each such draft shall be accompanied by your drawing certificate
substantially in the form of Annex B. Said draft and certificate shall have all blanks
appropriately filled in, shall be signed on your behalf, and may be either delivered to us
or forwarded to us by mail or telecopier communication. 0
Reference herein to the Subdivider’s Agreement is for informational purposes only,
and such reference shall not be construed in any manner to require or permit us to inquire
into its terms and obligations or to question or verify statements contained in any drawing
certificate.
The name of our bank as well as the number and date of this documentary credit
must appear on all drafts presented under its terms.
Expiration:
This letter of credit shall expire on the expiration date specified in a written notice
to you from us, given by registered or certified mail and received by you not fewer than
sixty (60) nor more than ninety (90) days in advance of the specified expiration date,
provided, however, that a notice of exuiration will not be issued for a date earlier than
the expiration date set forth on the first uaee of this letter of credit. If this letter of credit
shall be extended by us, we will not thereafter issue a notice of expiration for a date
earlier than the new expiration date specified in the extension, and the foregoing notice
requirement shall apply with respect to the expiration date set forth in the extension
regardless of whether we have given a notice of expiration previously, provided,
however, that if the period from the date of the extension to the new expiration date
specified therein is shorter than sixty (60) days, a notice of expiration given prior to the
date when one-half of the number of days between the date of the extension and the
expiration date specified therein have elapsed will be deemed timely notwithstanding that
it is given fewer than sixty (60) days prior to the expiration date stated in the extension.
Notwithstanding the foregoing, this letter of credit shall expire without notice on the date
the Available Amount is reduced to zero.
If an expiration date specified as set forth herein shall not be a Business Day (as
hereinafter defined), the expiration date shall be deemed to be the next succeeding
Business Day.
Available Amount:
Initially, the Available Amount shall be the amount set forth on the first page of
this letter of credit. The Available Amount shall be reduced by the amount of any
payments made by us to you hereunder. In addition, the Available Amount may be
reduced from time to time by our receipt from you of written Notices of Reduction
substantially in the form of Annex C, signed on your behalf by your Mayor, which we
understand you may issue from time to time pursuant to the Subdivider’s Agreement. If
conditions are specified in your Notice of Reduction, we understand that the reduction
will not become effective except to the extent of our compliance therewith, and upon
request, we will furnish to you documents evidencing such compliance. If we are unable
or unwilling to comply with any such conditions, we will so notify you in writing, and 0 in such event, the Notice of Reduction will be deemed revoked.
Other Terms:
Demand for payment hereunder may be made by you at any time during business
hours on a Business Day (as hereinafter defined). If demand for payment is made at or
prior to 11:OO a.m. Milwaukee time on a Business Day, and provided that the draft and
drawing certificate conform to the terms and conditions hereof, payment shall be made
to you of the amount demanded (but not in excess of the Available Amount), in
immediately available funds, not later than 4:OO p.m. on the same Business Day. If
demand is made by you hereunder after 11:OO a.m. Milwaukee time on a Business Day,
payment shall be made, in immediately available funds, after 4:OO p.m. on the same
Business Day, or, at our discretion, on the next succeeding Business Day.
As used herein, "Business Day" shall mean any day of the year on which banks
located in Milwaukee, Wisconsin, are not required or authorized by law or executive
order to remain closed.
This letter of credit is issued pursuant to and shall be governed by the laws of the
State of Wisconsin. 0 This letter of credit shall be delivered to us for cancellation promptly upon its
expiration.
[NAME OF ISSUING BANK]
By:
Title: