CCR1994053COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #53-94
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Plum Creek Addition No. 1
WHEREAS, a Final Plat was submitted on January 20, 1994 for the
61-lot Plum Creek Addition No. 1 Subdivision in the SE 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
Planning, Building and Parks Departments, the City Engineer, the
satisfactory fulfillment of concerns/conditions of the City
Protection, Waukesha County Park and Planning, any required
State of Wisconsin Department of Agriculture, Trade and Consumer
plan); and
easement or dedication documents, and construction plans (grading
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Plum Creek Addition No. 1, 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 Addition
No. 1, 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 Plum Creek Addition No. 1, as attached, is
hereby approved subject to approval of Attorney William Guis and
City Engineer, and subject to the approval of the Letter of
Credit by Attorney Guis, 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 #831.
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 8TH DAY OF MARCH , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
Resolution #53-94 which was adopted by the Common Council of the
This is to certify that this is a true and accurate copy of
City of Muskeqo. n I - -
4/94 jmb U
UST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
BOUNDARY DESCRIPTION AND SUBDIVISION FINAL PLAT
GRADING PLAN
STORM SEWER PLAN
WATER PLANS
SANITARY SEWER
EROSION CONTROL PLAN
DEED RESTRICTIONS
SUMP PUMP DRAINS & CLEANOUTS
DECLARATIONS OF RESTRICTIONS
SUBDIVIDER'S AGREEMENT
PLUM CREEK ADDN. #1
MIS AGREEMENT made this - day of Februaly, 1994, by and between Plum Creek, Inc.. called 'SUBDIVIDER', and
the CrrYOF MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called
the 'CITY.
1 WITNESSETH
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WHEREAS, SUBDIVIDER has submitted for approval by the CITY a proposed final plat for 61 lots and 5 Outlots known
as PLUM CREEK ADDN. #1, 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
1 &REAS, 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
1 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
1 municipalrty 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 SUBDIVIDER'S plans and specifications for the
subdivision improvements, and the ClWS Plan Commission and Common Council have duly approved the final piat Of
PLUM CREEK ADDN. #1, 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, entireiy at its expense shall:
A Roads and Streets
1. Grade and improve all roads and streets in PLUM CREEK ADDN. #1, in accordance with the plat of said
subdivision and the plans and specifications attached hereto, and made a pan hereof and marked Exhibit 'E', all in
accordance with cQ street specifications.
8. Surface and Ston Water Drainaae and Master Gradina 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 pan hereof and marked Exhibit 'C' The CITY
of Muskego retains the right to require SUBDIVIDER to install additional storm drainage and erosion
control measures; ir 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.
2 The CITY shall furnish to the SUBDIVIDER such permits or easements as may be required in any public i
Street or public property to enter upon and install the above described surface water drainage system
therein.
3. Grade and improve all lots in conformance with the Master Grading Plan attached hereto and made a pan
of and marked 'Exhibit C' Restore with topsoil and seed. Establish dense vegetation.
4. All swales and ditches must be graded to within minus three (3) inches of final grade.
5. SUBDIVIDER shall, at the expense of the SUBDIVIDER, clean all storm sewers prior to issuance Of
building permits and acceptance of improvements by the CITY of Muskego.
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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 specaicaions attached hereto as EKhiblt 'CY 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 properly 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 satidaction 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.
D. Sanitarv Sewer:
0 1, 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 Exhibit 'E' The Cost Of
the preparation of as-buik plans shall be paid by the SUBDIVIDER.
2. 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.
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.
4. 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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E. 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 lawfuliy 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 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'
F. 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 sin 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.
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, Twenty Thousand Dollars ($20,000.00) 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 fihy percent (50%) of theTwenty Thousand
Dollar ($20,000.00) portion of the Letter of Credit is allowable upon veriiication of fihy percent (50%) Of
disturbed areas are vegetated. If, upon a wriien 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 0
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0 Twenty Thousa.nd Dollar ($20,000.00) portion of the Lener of Credit to correct the terms of non-
conformance.
6. SUBDIVIDER shall fuliY repair and restore any damage to property outside the site resulting from silt,
SOrm or surface water emanating from the site, regardless of compliance or non-compliance with CITY
permits or approvals.
SECTION It. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall bs'completed within one (1) 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.
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SECTION 111. DEDICATION
Subject to all of the other provisions of this Agreement, SUBDIVIDER shall without charge to the CIM, upon
completion of the above described improvements, unconditionally give, grant, convey, and fully dedicate the roads and
eets, curbs, sanitary sewers, watermains, storm and surface water drainage facilities to the CIN, its successors and ' asslgns, 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,
appunenances 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 IR of bituminous concrete pavement has been installed, when all said utilities have been complete and
approved by the CITY Engineers and other agencies as applicable.
0.
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 conStruction 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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SECTION V. MISCELLANEOUS REQUIREMENTS
A
E.
C.
D.
E.
The SUBDIVIDER shall:
Easements: Provide any easements on SUBDIVIDER'S land deemed necessary by the CITY Engineer
prior to the Final Plat being signed, provided such easements are along lot lins 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.
Street SI&: Reimburse the CITY for the cost of all street signs, traffic signs and posts, including the
cost of their installations.
Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed
in a good and workmanlike manner.
Survev Monuments: Properiy place and install any lot, block or other monuments required by State Statute or
CITY Ordinance.
Deed Restrlctlons: Execute and record deed restrictions and provide proof of recording prior to sale of lots for
PLUM CREEK ADDN. #1 in the form attached hereto, made a part hereof and marked ExhibVG. Such restrictions shall
contain the following language:
'Each lot owner mum 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 Property Owner is responsible for cost of the same.
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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 2-112 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 PumD 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 'I"
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 ClWs Land Division Ordinance.
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J. Parkland lmnrovement Fund: Deposil with the CITY of Muskego Three Thousand Three Hundred Thirly Three 0 and OO/lOO 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 ofthe execution of the SUBDIVIDER'S AGREEMENT for PLUM CREEK
ADDN. #1, 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 pubic park purpose.
U Declaratlon of Restrlctlons: Execute and record the Declaration of Restrictions in the form anached hereto and
made part hereof and marked Exhibit '1'.
L- Permits: 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.
M. Sewer Extension Permits: (a) The CITY of 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 61 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 installation of said sewer extensions as provided elsewhere in this agreement and
as required by the CITY Code. There will then remain 100 sewer extension permits for future phases of the
development. (PLUM CREEK EAST)
(b) The remaining 100 extension permits shall automatically terminate and the allocation of said capacny 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
which have not been used within the four years as noted above may be extended pursuant to the terms of said
Subdivider's 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 security
deemed appropriate by the CITY and under terms and conditions satisfactory to the CITY and in accord with the
CITY'S 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(s) 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.
(e) Notwithstanding any of the above provisions, all sewer extension permits granted to the SUBDIVIDER as
referenced in this Agreement, shall automatically terminate and the allocation of said capacrty shall cease on the - day
d ,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 OT workmanship. This guarantee shall not be a bar to any action the CITY might have for negligent workmanship
or materials. WSmnsin 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
against any and all judgements, claims, demands or actions asserted against them, and any and all legal, accounting,
Consulting. engineering, and other expenses of every type or description, incurred by or on behalf of them, whenever
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
Of the SUBDIVIDER’S operations in or about this subdivision, negligent construction or operation of improvements
COnSt~cted hereunder, its violation of any law or ordinance, the infringement by it of any patent, trademark, trade name
Or COPYrighC 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
P~rposes 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 ClTYS rights herein, the provision of the Agreement shall be for
the benefn of the purchaser of any lot or any interest in any iot 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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ECTION 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 PUN 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 ClTTS Erosion Control Ordinance (Ordinance #560).
Unless otherwise 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. e. The CITY shall, as a condaion of the SUBDIVIDER executing this Agreement, make available to the SUBDIVIDER
or its nominee successors or assigns, building permitsfor the construction of Single family, duplex and mubi-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 CITY'S Engineers have determined that:
A. The sanitary sewer, water facilities and surface water drainage facilities required to serve 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 (ExhibR '@).
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
provisions of said ordinances. 0
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 ClTYAttorney 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.
The Letter of Credit shall be in an amount determined by the CITY to be sufficient to pay the estimated costs of
performing SUBDIVIDER’s obligations hereunder. The CITY has determined initially that such amount is $ .
The expiration date of the Letter of Credit shall be no earlier than , 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 (1 0) business days prior to the
thenexisting 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 Lener 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. Requests for reduction shall be accompanied by copies of contracts, invoices, receipts.
waivers of lien or other evidence satisfactory to the CITY 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.
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. 0
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SECTION XVI. ASSIGNMENT 0 SUBDIVIDER shall not assign this Agreement without the written consent of the CITY.
SECTlON 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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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:
Robert A. Patch, President
By:
Robert A. Patch, Secretary
CITY OF MUSKEG0
By:
David L. DeAngelis, Mayor
By:
Jean Marenda, Clerk
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#ATE OF WISCONSIN )
)
) WAUKESHA COUNTY
Personally came before me this - day of , is-, the above-named Robert A. Patch, President,
and Secretary, of PLUM CREEK INC., to me known to be such President and Secretary of said corporation, and
acknowledged that they executed the foregoing inarument as such officers as the deed of said PLUM CREEK INC., by
its authority.
Notary Public, County, WI
My Commission Expires:
1 STATE OF WISCONSIN )
WAUKESHA COUNTY )
) B
Personalty came before me this - day of , 19-, the above-named David L DeAngeiis, : 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 I 19".
Notary Public, County, WI
My Commission Expires:
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CERTIFICATION
This is to Certrty that the foregoing is a true and correct copy of the Subdivider's Agreement for PLUM CREEK ADDN.
#I SUBDIVISION, Muskego, Wisconsin, as entered into on the - day of , 19-. by and between PLUM
CREEK INC., and the CITY OF MUSKEGO, pursuant to the authorization by the Common Council from their meeting on
the - day of ,19_
Jean K Marenda, Clty Clerk
Clerk of Muskego, Wisconsin
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TERRR IlEUEL CUKP LiCl IICUdC cII
NORTH SHORE BANKr5B GN4,
Credit No.: 94-101 Available Amount $X4.269.00
Date: March 8. 1994,
Applicant: Plum Creek, Inc.
Ben&cinry: City of Muskego
"182 S8200 llacine Avenue
Muskego, WI 531SO
Expktltion: March K, 1995
Dcar Sirs:
At thc request of our custnmcr. Plum Creek. Inc., we hereby establish in your favor his
hevocable Standby Leteer of Credit in rbe maximum nxflegafe amount of S84.269.00 (as
reduced from time to rLne in accordance with the provisions hereof, the "Availoble Amount"),
available by your draft or drafts at *ht upon the terms and conditions hereinafter set forth. This
Letter of credit is effective immGdia.tciy and may be drawn upon as more particularly set forth
herein.
Rcauired Documentation:
Funds under lhis Lclter of Credit an: available 20 you against sight dr&(s) subsbmtidly in the
form of Exhibit A prctcnted to us by you at our office at 15740 West Capitol Drive, Brookfield,
Wiscondn. 53005. Each such dmft dull be accompanied by you drawing cenificute
substantially in rhe form of Exhibit R. Said liraft and mrtificate shdl have all blah
appropriately filled in, shd be sigd on your behalf, wd may be either delivered to us or
forwarded to us by mail or tekcopier conrrnunication at: 783-5189, Attn: John Marzion
Reference herein to the SuMivider'!; Agreement is for informalianal puxpores only, and such
reference &dl uot be construed in any manner to require or permit us to inquire into its tamq
and obligations or to question or verify statements contained in any druwing dcare.
The name of our bank as wd b: number and dute of this credit must appear an all drdM
presented under ib termr.
MRR-@E-1934 16:24 2766521 P.02
,>d 16:29 TERRFl IlEUEL CORP
Expiration:
This Lenex of Credit &dl expire on the expiration date specified in a wriucn noricc to you frotlr
us, given by re$tered OT certified mail and received by you ILOI fewer than sixty (60) nor more
than ninety (90) days in advance of the specified expiratiou date, provided, however. theta notice
of emiration will uot bc issued far a date earlier than the miration date set forth an the fvst
paEe of this Letter of cScd& Tf hi:; Letter of Credjt shall be extcnded by us, we will not
thereafter issue a notice of expirarion ku 3 date earlier rhan the new expiration date specified in
the extension, and the foregoing nolice requirmenr rihirll apply with respect m the expiration dare
set forth in the extenvim regnrdltas of whetller we have given n notice of expiration pviously,
provided, however, that if the period fim the date of the extension to thc IEW expiration date
spccilied therein is shorler &In sixty (60) days, a notice of expiration givcn prior to the date
when onehalf (In) of rhc number of days between the date of the extension and the expiration
date specified therein have elapsed will bc deemed timely notwilhstanding thnt it i: givm fewer
than sixty (60) days prior to the expbatioa date slated k~ the extension. Notwithstanding the
faregoing, this Letter of &edit shall expire wilhout notice on the date the Available Amount is
rtdacad to zero.
lT a11 expirdtion dute specified as set ionh herein ,shall not be a Business Day (u hereinafter
dcked), the expiration datc shall be d:eIncd to bc lhc nwr sudng Bu.riness Day.
Available Amount:
Tnitidy, the Available Amount &ail bc Ihe -amount set forth an the first page of this Lette.r of
Credit. The Available Amount shall k: reduced by the amount of any payrents made by us tn
you hereunder. ln addition. the Available Amount may be reduced from rime to time by our
receipt from you of written Notices of Ileduction substantially in the form of Wbit C, bed
on your behalf by your Mayor, which we undemand you may issue ham timc to time pursumt
to the Subdivider's Agreement. U- conditions ure specified in your Nafice of Reduction. we
understnnd that rhe rctlucdon will not bccome effecxive except m the exknt of our compliance
therewith. and upon request, wc will fwnish to you documents evidencing such compliance. lf
we are unable OT unwilling 10 comply wi.h any such conditions, we will so notify you in writing,
and in such event, thc Notice of Reduclion will he deemed revokcd.
Other Terms
Demaud for payment hereunder may bc: made by you at any time during business hour8 on a Business Duy (tu hereinafm defined). If demand for payment is made at or prior M 11:OO a.m.
Milwaukee time on a Businesa Day, oud provided that the &afI aod drawing czrtificak conform
to the terms and conditions hereof. paymnt shall be made to you of the amount demanded (but
nor in CXCCSJ of the Available Amount), :in immediately available funds, not htcr than 4:M) p.m.
on the same Business Day. If demand !is made by you henuder afkr 11 :00 am. Milwaukee
time on a Bu.h Day. payment shall b: made. in immediaely available funds, after 4:OO p.m.
on the same Business Day, or. at our dtuetion, an the next succeeding Business Day.
MAR-88-1994 16:24 7766521 95% P.03
As used herein, "Rusiness Day" shdl mean any day of the y~ar on which bvlks located in
Milwaukee, Wisconsin3 tue not requitel or auhariwf by law or erecutive arda to remain closed.
This Letter of &dit is issued pursuant to aad shall be governed by the Uniforln Customs md
Prdce for Documcntaq [Iredi~q (1983 Revision). Internatjonal chtrmbcr of Commerce,
Publication No. 400 ("UW) and to the ~xtcnt not inconsistent wiul the UCP, che laws of the
State of Wiscomia.
This Lctk~ of &dit &all be delivuctl to us for canceUation pomptly upon its expiration
NORTH SHORE BANK, PSB
By: -
'l'itle: I