CCR1994249COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #249-94
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Foxboro North
WHEREAS, a Final Plat was submitted on March 3, 1993 for the
35-lot Foxboro North Subdivision in the SW 1/4 of Section 11; and
WHEREAS, the Preliminary Plat was approved in Resolution #24-93;
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
easement or dedication documents, and construction plans (grading
Protection, Waukesha County Park and Planning, any required
plan); and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
Committee has recommended approval.
been received for Foxboro North, as attached, and the Finance
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 Foxboro North
Subdivision, subject to approval of the City Engineer and all
objecting and approving agencies, and receipt of all fees as
provided in Section 18.14 of the Land Division Ordinance.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Foxboro North, as attached, are hereby
approved subject to approval of the City Attorney and City
Engineer, all of said approvals to be obtained within thirty (30)
be null and void.
days of the date of approval of this Resolution or the same will
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 DAY OF , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
Deferred 11/22/94
Tabled 12/13/94
Resolution #249-94 which was adopted by the Common Council of the
This is to certify that this is a true and accurate copy of
City of Muskego.
11/94 jmb City Clerk
,'NOV 16 '94 12:46PM SWOBER 8 RRIITKE 414 7821073 P. 4/19
- SUBDIVIDER' 6 AGREEHENT
reement made this day of by
an6 between the "Subd.ivider" and the 'City of Muskego, a municipal corporation of-the State 02 Wisconsin, iocated in Waukesha Coun-cy, hereilafter czlled the "City. "
_. n.
This AS-h.obuckf BrothLrs Partnership
~ITNESSETR
WHEREAS, the Subdivi,cler has submitted for approval by the City
a proposed. Final Plat for Foxboro krth , & boundary description
of which is atrached hereto as Zxnibit A, the original 02 which
will be recorded with the 2egFster of Deeds 'for Waukesha County and
a copy of which is on x.le in the Office of the City Clerk, for
which a Final Plat was approved by, the City on. ,
wdEi(EAS, Sectiog 236.13 of the Wisconsin Statutes provides
thtt as a conditiox 35 plat agproval, the governing body of the city may require that the Developer make and install certair public
improvements reasonably rrecessary for the Subdivision and further,
within the Subdivision, to be cocditioned upon the construction of
nay zeQuire dedicarion of public streets, alleys or other ways
said improvements accorcliag to municipal specifications without
cost to said municipality; ad
_.
WHEREAS, the City's Engineers, the City's .Public Works
Coxunittee, Public Utility Committee and Finance Committee have duly
qproved, conticgent of certain other approvals, Subdivider's plans
ana specifications for :jubdFvL$ion improvements, and the City's
plan Commission and Comlon Council have ddy approved the final -contingent upon the execution and
performence of this agresment by the Subdivider.
of Foxboro %rth
NOK, TKEEFOFS, in consideration of the covenants herein
conczined, the parties hereto agree as follows:
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NOV 16 '94 12:47PM SCHOBER 2. RRIITKE 414 7821073 P. 5/19
a.
SUBDIVIDER'S AGREEMENT
PAGZ 2
SECTION I. IMPROVEMENTS:
Subdivider, entirely at it6 expense, shall:
A. Roads and Streets,:
1. Grade and improve 211 roads and streets in Foxboro
SuL- I.n accordance with tke plat of said
attached hereto, made a part hereof and marked
Subdivision and =he plans and specifications
Exhibit "'9", all in accordance with the City's
street specifications.
2. Paving of A6 shown on Exhibit
"A" shall be completed. according to City Standards.
B. STOX4 PLND SURPACE! WATZR DUiNAGE AND MASTSR GRADING ?LAN:
1. Subdivider shell cocstruct, install, furnish and
provide fe:cilities zs approved by the' City Engineer
water dra.inage throughout the entire Subdivision, and Publi,:: Works Committee for storm and surface
discharge to 2 tile or storm sewer system, all in cnd B Master Grading Plan providing for smp pump
accordance with the plans and specifications
Exhibit "C". The City retains the right to require
attached hereto, made a part hereof and marked
the Subdivider to install additional storm drainage
and erosion control neasuree prior to acceptallce of .
immovements by the City of Muskego.
2. Thk CITY shall furnish to the Subdivider such
penits cr ezsements as may be required in any
the above described surface water drainage system
auhlic street or property to enter upon and install
3. Grade and inprove all lots in conformance with the
therein.
Master Grilding P1za attached hereto and made a part
hereof and marked Exhibit "C". Restore with
topsoil a~ld seed. Establish dense vegetation. All
grades mvst be verified by Developer's Engineer
after conpletion with the following tolerances:
A11 lot c~~rners must be from exact to plus or minus
two (2) inches. Overall lot grades must be from
exact to minus six (6) inches. House pads from
exact to :minus twelve (12) inches. All swales and
ditches must be graded to exactly minus three (3)
XII, F).
inches to allow for standard finish. (See Section
.NOV 16 '94 12:47PM SCHOBER & RFIIITKE 416 7821073 P.6119
SUBDIVIDER'S AGRSEMENT
PAGE 3
4. At Subdivider's exFense, and prior to acceptance of
by the City (not including model homes which are
impr0vement.s and the issuance of building permits
shall be cleaned (See Section Xi1.D).
- governed by separate agreement), all &om sewers
.-. -I
Subdivider shall construct, install, furnish,
2. The CITY shall
D. SANITARY SEWER:
1. Subdivider shall construct, install, furnish, and - Drovide a complete sanitary sewage collection
system throughout the entire Subdivision, ss
Utilities Committee all in accordence with the
approved by the City Engineer and the Public
plans, specifications and drawings attached hereto
built alans shall be paid by the Subdivider.
as Exhibit "E" I The cost of the preparation of as-
2. The CIk shall furnish the Subdivider such permits or easements a5 may be required by any public
street or !?ublic property to enter upon and install
the above described sewage system -,herein.
NOV 16 '94 12:4EPM SCHOBER & RNITKE 414 7821073 P. 7/i9 .
SUBDIVIDER'S AGREEMENT
?AGE 4
3. Subdivider shall complete, to the satisfaction of
the Ciry Engineers, any rernaini2g punch list items concerning the Sanitary Sewer System prior to the
connection of ar?y residence to the sanitary sewer
systems.
4. The Subdivider shslll televise the sanitary sewer
system, repair any defects as dete-qined by the
City Engin.eer, and supgly video tape to City of
Muskego, e.nd clean all sewer lines prior to the issuance of building permits, except for model
homes and acceptance of inpzovements by the City
(See Section Xii.E).
5. See Addendum.
1. Subdivider shall preserve existing trees outside of
the public: right-of-way wherever practical, when
installing the Subdivision improvements.
2. Subdivider shell remove and lawfully dispose of:
(a) all old barns, outbuildings; (b) destroyed
trees, brush, tree trnks, shrubs end other natural
growth; (c) and all rubbish.
3. Subdivider shall plant street trees in accordance
with Sect:Le .- '3 of the Muskego Land Division
Ordinance and Re6OlUtiOn BP.C, 101-93.
E. WSCPSIIJG:
/s, LO -
F. EROSION CONTROL P.ZASTRPS
i. Subdivider shall constxct, instell, furnish and provide E. complete system of Erosion Control
Devices or measures in s9ecified 2rec.s of r;he
Subdivision, as approved by the City Engineer and
the Building Inspection Department and in accordanca with the plans and specifications
attached hereto as Exhibit "F" also in accordance
with Chapt:er 29 of the City's Hunicipal Code.
2. Install silt fencing in confo-nance with the
approved plans prior to the grading and
by the Suhaivider ontil such time as turf cover is
constructLon work, Such fences shall be maintained
established in the Subdivision. No grading shall
occur without a two (2) day notice to the City.
&V 16 '94 12:48PM SCHOBER 8: R.QI)TKE 414 7821073 P.8/19
SUBDIVIDER'S AGKEEMENT
?AGE 5
3. Mulching and seeding of all disturbed areas to
comply with Chapter 29.
4. Subdivider is responsible for obtaining Erosion
control ?emits for :he site for controlling
erosion on the site and ezch individual lot owner
is responsible lor obtaining a separate erosion
control permit at the :;me any vegetation is
disturbed and are responsible for controlling
erosion on their lot.
5. Sues- Thousaod Dollars (-00) from the Let",er of
Credit (ucier Section XIV), shzll be retained until
adequate veqetation is esteblished as determined by
the Suilding Inspection Departxent. A.reduction of
fifty percent (50%) of the %!GL Thousand Dollars
($?,ooo.OO) ?ortion of the Letter of Credit is
allowable upon verification 02 fifzy percent (50%)
of disturbed ceas are vegetztcd. If, upon a
written notification by the Building Inspection
Depar-dent of non-complience of Chapter 29, the
terms are not corrected within five (5) days, the
City may utilize the Seven Thoueand Dollars
($I,.OC) portion of the Letter of Credit to
correct the terns of non-conio-nance. From time to
time, acditional funds may be required in the
maintenance ae deemed appropriate by the
Developer's Deposit to cover the COBr of
Depa-rtment.,
SICTION If. TIME OF COMPIZTIOY OF IMPROVEWESTS
The inimprovements set forth in Sexion I above shall be
completed by the Subdivider in total within one (1) year from
signing of this Agreement or excegt if an earlier dare is provided
tor in the Agreement. The final surface course pavement shall be
deferred until ninery 'aereent (90%) of the homes have been
completed or 36 months- after
asphalt, whichever
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SU SUBDIVIDER'S AGKZEMENT 7.. ?AGE 6
If the final surface course of pavement is not completed
within 'twelve (12) roonths of the date of this agreement, the Subdivider shall extend the Letter o€ Credit in a form acceptable
to the City until such tixe as the fins1 surface course of pavement
is completed. If the City receives notice of the intention to
te=inate the Letter of Credit prior to completion of the final
to complete improvement!; in accordance with this agr,eement and
surface course pavement, such notice shall be considered a failuie
Credit.
shall entitle the City to imnediately draw against zhe Letter of
SECTION 111. DEDICATIOK:
Subject to all of the other provisions 02 this aqeement,
the above described improvenents, unconditionally give, grant,
Subdivider shall, wir;hout charqe to the CITY, upon completion of
convey 2nd f*xlly dedicate the roads and streets, sanitary sewers,
storm and sozface water drainage iecilities (excluding
Homeowners Association) as illustrzted an Exhibiz "A" a.?d as thoce facilities which are to Se owned and naintained by the
described in the deed restrictions, to the CITY, its successors and
assigns, forever, free a;ld clear of all encuabrances whatever
together with End including, without limitation because of
enumeration, any and ell land, buildings, st=uctures, mains,
and hereditaments which may in eny way be a ?art of or 2ertain to.,
conduits, pipes lines, phnt, machinery, equipment, appurtenances
for access thereto. The CITY will be recegtive 'io the dedications such imgrovements and together with zny and all necessary easements
of said inprovements, except roads and scrface water drainage facilities, after the f.irst lift of bituminous concrete pavement
has been installed, when all said utilities have been completed and
approved by the City Enqineers and other agencies as applicable.
-TIOM IV. INSPECTIOHS AarD ADYINISTRATIO]I PEE6:
Subdivider shall pay and reimburse the City in advance of the
signing of the Acjzesmea::, in accordance with Section/#.lYaffi of the
CITY'S Land Division Ordinance ard at times specified herein, but:
in any event, no lacer 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
relative to the cons,truction, installation, dedication and acceptance of the improvements covered by Section I, including
without limitation by r.zason of enumeration, design, engineering,
preparing, checking and review of designs, glans and
construction is in compliance with the applicable plans,
specifications; superrision, inspection to insure that
specifications, tegulat.ions and ordinances; legal, administrative
and fiscal work undertaken to assure and implement such compliance.
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0
NOV 16 '94 12:49PM SCHOBER 8 RFIIJTKE 414 7821073
SUBDIVIDER' S AGREE-XENT
PAGE 7
SPCTION V. M1SCELL;WEOUS REQUIXEMENTS:
A.
B.
C.
D.
3.
-".
P. 18/19
.. The Subdivider shall:
Easements: Provide any easernects on Subdivider's land
deemed fiecessary by the City Engineers prior to the Final
Plat being sined, pzovided such easements are along lot .- lines or Eo ?ne 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 signs, traffic siq13 end posts, including the cost
Street Sims: Xeinhrse the CITY for the cost of all
of their instailation.
Manner of Terfcmnance: Cause al!. construction called for
by this Ameement to be carried out and perfomed in a
good and wor!uuilnlike manner.
Survey 3onumenG: Troperly plzce and install any lot,
block or other mozumenL-s required by State Statute or
City Ordinance.
Deed Xestrictim: 3xecute ana record deed restrictions
and Frovide Er3of of recording prior to sale of lots by in
Foxbaro hrth _. in :he fo-rrn attached hereto, made a
part hereof and marked Exhibit "G". The deed
restrictions shall contain the following language:
his lot in ac;.ardance with the Mastsr Gradin9 Plan on
"Each lot ow2er must strictly adhere to and ti5ish grade
file in the o!ifice of the Subdivider and the office of
by the City Engineer. The Subdivider and/or the City
the City BuFlc.ing Iaspector mless a change ie approved
and/or the agents, employees or independent contractors
shall have the right to enter upon' any lot, at any time,
for the purpos.5 of inspection, maintenance; cocection of
any drainage conditions and tire property Owner is responsible for the cost of the same."
w: Furnish to the Suildinq Inspector and the CITY a
copy o€ Exhibit "C" showing the street grade in front of
each lot, the finished yk-d grade, the grade of all four
(4) corners of the lot and Fades of the buildings on adjoining lots, where applicable, $5 existing and as
proposed.
KaSO ucki Brot ers Partne+qh>p .
NOV 16 '94 12:50PM SCHOBER .& RRIITKE 414 7821073 P. 11/19 , ' ,,
SUBDIVIDER' S AGREEMENT
PAGE .8
G.
-
H.
I.
J.
K.
plat so that 60 structure of any kind which exceeds a
Siaht Distances: ~estricts lots on the face of the
height of 2 1/2 feet above the cenrer of the intersection
shall be gennitted in the vision setback area in
Ordinance.
conformance with Section 17:5.02(2) of the Zoning
the Plumbing Inqector of the CITY a co7y of stom drains
Sump Pump Connections: The Subdivider shall furnish to
and clean out locations in the :om attached hereto and made part hereof acd marked Exhibit: "E" showing the
connected from each dwelling to the storm sewer systern.
locations of connections whereby sump pump drains can be
The ends of. each line shall have a' clean out in
conformance with the City Standard Details.
Street Liohts: Iastall street lights in accordance with
Section 18.0911 of the City's Land 3ivision Ordinance.
Permits: Submit to the CITY valid copies of all agency
permits including the Nisconsin D.N.X. and U.S. Amy
Corpe of Engirleers before construction comences and prior to any preconstruction meeting.
Sewer Extensiorl Penits: (a) The City of Muskego has,
wursuant to the .srovision of ChaDter 21 of the City Code,
-granted zhe Sibdivider mirtv-%Ve (a) Residentiai
Zquivalent Conneccions (REC's) as defined in Section
21.04 (22) of the City's Sewer Utility Ordinance, for the
development of all lands contemplated by the Subdivider
in all phases of this development including future phases. Subdivider is using Thirtv-Five (a) of the
the subject of this Subdivider's Agreement and shall
above-noted REX'S in the phase of development which is
provided elsewhere in this agreement and'as required by
secure the in,stallation of said sewer exteneions as
the City' Code. There will then remain Zero (2) aEC's of capacity for future phases of the development.
(b) The rema.ining Zero (& REC's of capacity shall eutomatically renuinate and the- allocation of said
extension is not certified, by a representative appointed capacity shall. cease to the extent that said sewer
by the City to make said certificatiml, to be completely
constructed and approved within four (4) years of the
execution of the present Subdivider's Agreement.
NOV 16 '94 12:50PM SCHOBER 8 RRIITKE 414 7821073 P. 12/19
SUBDIVIDER'S AGREEMENT
PAGZ 9
(c) The Subdivider may, within the four year ?eriod
referred to abcwe, request thaK the Cicy enter into an
the development. Any remaining EC's which have not been
additional Subdivider's Asreement for the next phese of
used within the four years as noted above may be extended
pursuant to the terms of said Subdivider's AFjreement
provided, however, that the installation of sewer
extensions must !x secured 2s provided in this agreement
or when nor: prohibited by other ordinances or resoLutions
of the City, upon other security deemed appropriate by
the City and ur.der terns and conditions satisfactory to
the City and in accord with the City's ordinances,
resolutions and policies. Any remaining REC's not
of the date of execution o€ that subsequent Subdivider's
secured as provided herein shall expire within four years
Agreement.
(d) The Subdivider may request additional Subdivider's
Agreement((s) bf! entered into for subsequent phases. .Any
such agreement skll be subject to the same terns and
conditions as stated in subsections (a), (b) and (c)
above.
(e) Notwithstanding any of the above provisions, dl
unused sewer capacity granted to the Subdivider as
referenced in this agreement shall automatically
terminate and :he allocation of said capacity shall cease
on the 21st day of December, 2002.
NOV 16 '94 12:51PM SCHOBER & RRIITKE 414 7821073 P. 13h9 ,.
SUBDIVIDER'S AGREEMENT
?AGE 10
SICTION VI. GURRANTEES :
- The Subdivider shall guarantee the public roads and streets,
sanitary sewers, surface water drainag.e improvements all other improvements descraed in Section I, Items A, B, C,
i D, hereof, against defects due to faulty materials or workmanshi?
?rovided that such defects appear within a period of one (1) year
from the date of dedicaticn and acceptance. The Subdivider shall
materials or workmansnip. This guarantee shall not be a bar to any pay for any damages to CITY property resulting from such faulty
%isconsin law on aeg1igenc:e shall govern such situation.
sction the CITY might have for negligent workmanship or materials.
SECTION VIS. GENERAL IM)EN&ITY:
provisions of this agreem,ant or documents incorporated herein by
In addition to, and not to the exclusion or prejudice of, any
reference, Subdivider sh+ll indemnify and save hamless, and agrees
73 accept tender of defe:xe 2nd to defend and pay any and 211
reasonable legal, accounting, cmsclti2g, engineering. and other
cpon rhe CITY, its officers, agents, and employees, and independent
expenses relatiq to the defense of any claim asserted or imposed
?arty or barties. The Sltbdivider shall also name as additional
contractors growing out a:€ this agreement as stated above by any
Issured on it5 general liability insurance tbe CITY, its officers, -
cgents, and employees, an6 any independent contractors hired by che
C;TY to perfon service as to this Subdivision and give the CITY
evidence of the same upon request by the CITY.
SWTION VfII. AGREEMERT FOR BlFIEFXT OF PWRC-:
The Subdivider shall. agree that in addition to the CITY'S
rights herein, che provisions of this Agreement shall be for the
benefit of the purchaser of any lot or 2ny interest ir any lot or
?arcel of land in the Subdivision. Further, that the sale of any
work on tne attached Exhibits.
lot or parcel shall not release the Subdivider from completing the
tNOV 16 '94 12:51PM SCHOBER RRI)TKE 414 7821073 P. 14/19
SUBDIVIDER'S AGRSEKZNT
PAGE 11
SECTION IX. ACCEPTANCE OF WORK AKD DEDICATIOU:
AS and when the Subdivider shall have completed the
improvements herein required, and shall dedicate the sane to the
CITY as set forth herein, the same shall be accepted by the CITY if said improvements have bem comaleted a6 required by this Agreement
.and as required by applicable CITY ordinances and other applicable
law and approved by the City Engineer, City linance Committee and
common Council.
spcTI011 X. EROSIOW COMTROL PLM Alill PERMIT:
' The Subdivider shall submit to the CITY, an application for a
with the requirements of Section 29.06 of the CITY'S Erosion Land DisturbinG Permit and 8n Erosion Control Plaa in accordance
begia until said pe-Tit is received from <ne CITY. Control. Ordiaance (Ord. #560). No constxction or grading ctzn
SgCTIOW XI. CONSTRUCTIOH PERMITS, ETC ... :
adopt such resolutions, and execute such documents as may be
1. The CITY shall, within its authority, issue such permits,
necessary to permit tie Subdivider to construct the improvements in
accordance with the plans and specifications called for by' this
agreement, upon Subdivider's compliance with any depo6it 2rovisions
and the CITY snall cooperate with the Subdivider in obtaining or ocher requirements of the applicable ordinances or regulations;
similar permits, resolutions and documents as may be necessary from
other authorities having jurisdiction in the premises.
2. The CITY shell, a.s a condition of the Subdivider executing
this Agreement, make available LO the Subdivider or their nominee successors or assigns, huilding pernits for the construction of
single family residences subject to the provision of Section Xif.
NOV 16 '94 12:SlPM SCHOBER F. RAIlTKE 414 7821073
P.1549 ,' ,
SUBDIVIDER'S AGREXEXT
PAGE 12
verifies that th
be issued prior to all
tape of'sanitsry sewer system
All lot cades shall conio,m to the
Section I .:D. 4).
Plan (See Section S.B.3).
Sd2TlOW XIII. GENERAL COK-:
herein by reference, and 2.11 such p,rovisions shall bind the parties
Ill1 the provisions of the CITY'S ordinances are incorporated
hereto and be a part of this Ageement 2s fully es if set forth at
1eng;h 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.
SSCPIOH XIV. FINANCIAL GUXUUiTEE:
Drior to the' execut.ion of this agreement by the CITY, the
Subdivider shall file wi.th the CITY a Letter of Credit setting
amount of $
fotih terms and conditions approved by the CITY Attorney in the
as a guarantee that the required
alans, improvementa, and approvals will be -completed by the
Subdivider and his subcontractors no later trhan one (1) year €rem.
signing of the Agreement, except if another date is provided within
this Agreement and a8 a further guarantee that all obligations to
the eubcontractors for work on the subdivision are satisfied.
See Addendum.
NOV 16 '94 12.52PM SCHOBER & RRI)TKE 414 7821073
SUBDIVIDER' S AGREEMENT
PAGE 13
P. 16/19
WTION XV. PARTIES BOUXD:
Subdivider or his assignees shall be bound by the te-ms of
this agreement or any pert. herein as it applies to any phase of the
development of the Subdivision.
SMTION XVI. RSSIGHWENT:
Subdivider shall no-c assign this Agreement without the written
consent of the CITY.
SBCTION XvfI . AHENDMEBTS,:
agreement, by wrirten agreeme2t between the City and the The City and the SuSclivide:, 'by rnutilal consent, may amend this
Subdivider.
IN WITNZSS XEFUOF, Subdivider and CITY have caused this
Agreement to be signed hy their appropriate officers and their
the date and year first written ebove.
seals to be hereunto affixed in duplicate original counterparts on .
Subdivider:
3y :
By :
By:
NOV 16 '94 12:52PM SCHOBER & RADTKE 414 7821073
-
SUBDIVIDER'S AGREEMENT
?AGE 14
CITY OF MUSKEGO:
-
By :
David L. DeAngeli.6, Mayor
WAUR3SHA COUNTY
STAT2 OF WiSC9NSIN ) ss )
'EXSONALLY came before me this day of
1994, known to be the pdrsms !&e executed >he foregoing instrument and
to me
acknowledgea Ldp. same
I
go-car;y Public-StaEe of Wiscmsin
MY Commission Expites
P 17/(19 ..
WAUKESHA COUNTY
STAT3 OF WISCONSIN ) ss 1
?ZRSONALLP came before me this day of 1
1994, ,the above named Devid L. DeAngelis, Hayor, -and Jean Marenaa,
Muskego, to me known to be the persons executed the foregoing CITY Clerk, of the above -named municipal corporation CITY of
municipal corporation, and ackowledged that they executed the
inst-ument, and to me known to be such Mayor and CITY Clerk of said
foregoinG instrment as such officers as the deed of said municipal
corporation by it6 autnority and pursuant to the authorization by
the Common Council from their meeting on the day of , 1994.
Notary public-State of Wisconsin
My Commission Expires
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NOV 16 ’94 12:53PM SCHOBER & RRI)TKE 414 7821073
SUBDIVIDER’S AGREEMENT
PAGE 16
-
,LlST OF EXXISITS
ZXHIBIT A SOUNDARY 1)ESCRIIJTION & FINAL PLAT
EXHIBIT B G-WING PIAN
ZXHIBIT C STORM SEWER PLAN
f4
EXHIBIT E SANITARY SEWER
EXHIBIT F EROSION CONTROL PLAN
EXHIBIT G DEED RESTILICTIONS
ZXWIBIT H SU” PuElp DRAINS & CLZANOUTS (STORM SEWER PLAN)
EXHIBIT I SANITARY !;mR OUTSIDE SUEDMSION
EXHIBIT J QUOTE OF IaWSON CONTRACTORS, INC.
P. 19/19
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NOV 22 ’34 1l:ZBAM SCHOBER & RAIITKE 414 7821073 P .2/3
ADDENDLW
Section xu: “cv PP mita:
may be issued for Lots 1, 2, 3, 18, lQ, 20, 21, 22, 23, 24, 25, 26
Upon satisfaction of the 6 items listed below building permits
and 27 and occupancy permits may be issuable €or homes constructed
on said lots subject to all applicable governmental laws,
allowed to construct no more than two (2) model homee. It is
ordinances and restrictions. In addition the Subdivider shall be
expressly understood and agreed that no occupancy permits shall be
issued either for the said model homee and no building permits aac!
occupancy permits shall lx issued for any other homes, except as provided above, until the City EngiAeers have determined that:
A.
B.
C.
D.
E.
F.
The eanitary sewer and surface water drainage
facilities required to seme such homes are connected with an operational system a8
required herein, and
The Building Inspector verifies that the
installation of the bituminous concrete base
course pavement: has been installed.
No Building Pemits shall be iseued prior to all eignatures being obtained on the Deed
Reetrictiona, ,:Exhibit “G“) .
Cleaning of stcmn aewer systern completed (fiee Section I.B.41,
Video tape of rlanitary sewer syskem completed
(See Section I. D.4).
AU lot grades; shall conform to the Master Grading Plan (‘lee Section I.B.3).
Section I. Immovementg:
D. -tam Sewer:
5. As part of Subdivider‘s improvements,
Subdivider 6hErll cause to be installed a
certain sanitary eewer improvement immediately east of Foxboro North to serve 10 re.sidencee, more particularly described on Exhibit I which
Said improvement is subject to the terms of
is attached hereto and made a part hereof.
specifically benefits other properties and as
this Agreement.. That as this improvement
the ownera of the properties specifically
benefitted have agreed to be specially assessed for a portion Of the cost of this
NOV 22 '94 11:ZlRM SCHOBER & RRIITKE 414 7821073
presented with evidence satiafactofy to the improvement, the City agreee that upon being
City that the Subdivider has paid for said
improvement ant1 that it has been apprwed by
the City Engineers per this Agreement, the City will reimburee the Subdivider for that
part of the expenee in the amount Of
$36,351.00 for construction in accordance with
the quote of Rnweon Contractors, Inc., which it? attached hereto a8 Exhibit J and $2,737.00 for design work by Metropolitan Engineering,
Notwithstanding the above, Subdivider shall
not commence this improvement until the City has obtained all necessary easements and agreements to Special Asseesments. In the event said ealmnente or Special AS8eSSment
Agreements are not obtained by January 15,
1995, both part,iea regerne the right to cancel
this subsection of the Agreement.
'.
P .3/3
I
MODEL LETTER OF CREDIT
RREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO. 000000 Amount: $0.00
DATE
Applicant: Worlds Greatest Developer
Beautiful Acres
Muskego, W 53150
Beneficiary: City of Muskego
W182 S8200 Racine Ave.
Muskego, WI 53150
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor which is available by
beneficiary's draft(s) at sight drawn on The Bank, S.S.B. Each Draft
accompanying documents must state "Drawn Under The -
Bank, S.S.B. Documentaly Credit No. 000000.
This Standby Credit is to provide a guarantee to the City of Muskego for the performance of
World's Greatest Developer's obligations under that certain agreement dated , 199-
between the City of Muskego and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that Worlds Greatest
Developer has failed to complete the construction of subdivision 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:
This Standby Credit will terminate on the - day of , 1994 provided, however, The
Bank, S.S.B. shall give written notice to the beneficiary of its intention to terminate this
standby credit at ninety (90) days prior to the- day of , 1994. After said date, this
letter of credit can only terminate upon ninety (90) days written notice to the beneficiary.
Continued on Page Two (2) which is an integral part of this Standby Credit.
July 30, 1993 Pg 36
Page 2, An integral part of Standby Credit NO. 000000
It is hereby agreed by all parties hereto that the reference to "Agreement" is for
identification purposes only and such reference shall not be construed in any manner to
required The Equitable Bank, S.S.B., to inquire into its terms and obligations.
We eneew%ge with you that drafts drawn under and in compliance with the terms of this
credit will be duly honored if presented on or before the expiry date. This original Standby
Credit must be submitted to us together with any drawings hereunder for our endorsement of
any payments effected by us andor for cancellation.
eiI5Clge
Very Truly Yours,
The - Bank, S.S.B.
Vice-president
July 30. 1993 Pg 37
. Euekert Mielke
November 18,1994
Mr. Matt Sadowski
Director of Planning
City of Muskego
W182 S8200 Racine Avenue
Muskego, Wisconsin 53 150
RE: Foxboro North
Letter of Credit Public Improvement Cost Breakdown Form
Dear Mr. Sadowski:
We have reviewed the request for Letter of Credit for Foxboro North. This
request was faxed to our office on November 17, 1994 by Kent Kosobucki. It is not in a
format readily adoptable to the City's Public Improvement Cost Breakdown Form. It was
also incomplete. We have compared the work remaining with the bids and prepared the
attached Public Improvement Cost Breakdown Form.
any additions by the City for erosion controls. Also subject to any costs for the Mystic Therefore, we recommend that the Letter of Credit be set at $170,811 subject to
Drive easement sewers, if the City desires to include these costs.
If you should have any questions or comments, please feel fiee to contact me.
Very truly yours,
RUEKERT & MIELIE, INC.
Richard Eberhardt, R.L.S.
Wsjd
cc: Mayor David L. De Angelis
13-92031.0L FOX-COST.doc
Michael Campbell, Ruekert & Mielke, Inc.
W239 N1812 ROCKWOOD DRNE
(414) 542-5733
WAUKEs€Li, WISCONSIN 5318&1113
FAX (4141 532-5611
.
PUBLIC IMPROVEMENT COST BREAKDOWN
Indicate the cost of each public improvement to be installed. List amounts for each
category and sub-category item. Contractors bid estimates shall be submitted with this
breakdown. The City Engineer will review this breakdown and approve a total amount to
establish a Letter of Credit.
(Remaining 11/94)
1. Road Construction
a Excavation to subgrade (55%)
b. Stone base material (55%)
c. Bituminous base course pavement (55%)
d. Bituminous surface course pavement
e. Concrete pavement
f. Other
TOTAL.
original
(7/94)
d!mmYll
29,000
40,000
20,000
_z2pIl
96,290
2. Site Grading - Landscaping
a. Lot grading and road excavation to subgrade (20%) 100,000
b. Drainage ditch construction
c. Retention pond construction
d. Parhg area construction including pavement
e. Tree and shrub plantings 6,000
f. Landscaping as specified by City
g. Erosion control silt fence 3,000
h. Other (Sec. 1,F,5) 1sM
TOTAL 114,000
3. Seeding
a Road ditch area
b. Terrace areas - right-of-way
c. Drainage ditches
d. Retention ponds (45%)
e. Areas as specified by City (45%)
f. Other
TOTAL
4. Concrete Improvements
a. Curb and gutter (55%)
b. Sidewalk
c. Blvd. traffic islands
d. Ditch inverts
e. Other
TOTAL.
3,700
3,000
6,700
28,400
28,400
Recommended
( 1 1 /94)
Amsuns
15,950
22,000
20,000
-22ea
65,240
20,000
6,000
3,000
_1sM
34,000
1,665
lJ.a
3,015
15,620
15,620
FOXCOSTl.doc
13-92031.01
11/18/94
Page 1
._
5. Sanitary Sewer System
a. Mains, risers and manholes (internal seals) 134,490
b. Laterals 33,250
c. Pumping station and generator
d. Force Main
e. Grinder pumps and chamber individual dwelling
f. Other (Video and punchlist items)
TOTAL 167,740
6. Water Main System
a. Mains, valves and manholes
b. Hydrants and leads
c. Water services
d. Well and pumphouse
e. Other
TOTAL -0-
7. Storm Sewer System
a. Mains and manholes 176,103
b. Catch basins and leads (8-castings) 6,900
c. Culverts
d. Drain tile (15,030 L.F. + 17 STM Lat.) 23,300
e. Headwallddischarge structures
f. Other (Clean lines)
TOTAL 206,333
8. Special/Misc. Improvements
a. Street lights
b. Street signs
c. Signs as specified by City
d. Other
TOTAL.
500
435
-
93 5
9. Feet
a. City Administration 375
b. Engineering inspections 35,000
c. Engineering as built drawings for w/s 3,500
d. Legal
e. Land acquisition
(required for all Letters of Credit)
f. Other
TOTAL 38,875
TOTAL PROJECT ESTIMATE 659,273
3,825
3
4,280
-0-
2,076
-0-
16,650
ZMQ
2 1,726
500
435
- 935
375
10,000
10,375
170,811
FOXCOSTl.dos
13-92031.01
11/18/94
Page 2
?
i Note: At time of submittal of the Letter of Credif the developer, as per Section 10.8 of
the Land Division Ordinance, shall submit an administrative fee of $25 plus $50 per
public improvement category; excepting the categories of Special/Misc. hprovements
and Fees. (Categories 8 and 9) 0
FOXCOSTLdoc
l1118l94
Roy L Koaobuckl
Mark L. Kosobuckl
Kent J. Kosobuski
Donald R Palzln
4146794904 KBSBBUO(1 167 PBi Nou 17 f.94 16:X
KOSOBUCKI BROTHERS
17100 West Shadow Drive New Berlin, WI 53151
(414) 679-2746 . .,. :..,, .' 0 .. .. . .. i'
. ..