CCR1995098AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #98-95
APPROVAL OF CERTIFIED SURVEY MAP,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Agenten
WHEREAS, a Certified Survey Map was submitted on September 6,
1994 to create three parcels and one outlot for the Agenten
property in the NE 1/4 of Section 12; and
WHEREAS, the Plan Commission has recommended approval subject to
a note being placed on the face of the Certified Survey Map
and
stating that Parcels 1 through 3 cannot be further subdivided;
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for the Agenten property, 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 Certified Survey Map to create three
parcels and one outlot for the Agenten property in the NE 1/4 of
Section 12, subject to approval of the City Engineer, all
objecting and approving agencies, and a note being placed on the
Commission, as well as receipt of all fees as provided in Section
face of the Certified Survey Map as recommended by the Plan
18.14 of the Land Division Ordinance.
BE IT FURTHER RESOLVED that the Letter of Credit must be amended
to include an expiration date of not less than one year, plus 90
days after the date the improvements are to be installed.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for the Agenten property, as attached and
Attorney and City Engineer, all of said approvals to be obtained
amended, are hereby approved subject to approval of the City
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 the Subdivider's Agreement and Letter
of Credit attached hereto are also for the Agenten Certified
Survey Map which would be approved through Resolution #99-95.
BE IT FURTHER RESOLVED that the Certified Survey Maps are not
Credit are completed.
finally approved until said Subdivider's Agreement and Letter of
~ Resolution #98-95
BE IT FURTHER
City.
authorized to
RESOLVED that the Mayor and Clerk are hereby
sign the necessary documents in the name of the
DATED THIS 9TH DAY OF MAY , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. Patrick A. Patterson
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #98-95 which was adopted by the Common Council of the
City of Muskego.
5/95 jmb
SUBDIVIDER'S AGREEMENT
and between Agenten Family Trust, the "Subdivider" and the City of
This Agreement, made this day of , 1995, by
Muskego, a municipal corporation of the State of Wisconsin, located
in Waukesha County, hereinafter called the "City."
UITNESSETE
WHEREAS, the Subdivider has submitted for approval by the City
proposed Certified Survey Maps, a.k.a. Willow Wood Addition #1, a
boundary description of which is attached hereto as Exhibit "A",
the originals of which will be recorded with the Register of Deeds
the City Clerk, for which the Certified Survey Maps was approved by
for Waukesha County copies of which are on file in the Office of
the City on I
as a condition of approval, the governing body of the City may
WHEREAS, Wisconsin Statutes and City Ordinances provide that
require that the Developer make and install certain public
improvements reasonably necessary for the Subdivision and further,
may require dedication of public streets, alleys or other ways
within the Subdivision, to be conditioned upon the construction of
said improvements according to municipal specifications without
cost to said municipality; and
Committee, Public Utility Committee and Finance Committee have duly
WHEREAS, the City's Engineers, the City's Public Works
approved, contingent of certain other approvals, Subdivider's plans
and specifications for subdivision improvements, and the City's
Plan Commission and Common Council have duly approved the final
Certified Survey Maps, 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:
SECTION I. IMPROVEMENTS :
Subdivider, entirely at its expense, shall:
1.
2.
A. Roads and Streets:
Grade and improve all roads and streets in the
Certified Sukvey Maps in accordance with the
Certified Survey Maps of said Development and the
plans and specifications attached hereto, made a
part hereof and marked Exhibit "B", all in
accordance with the City's street specifications.
Paving of the street within the Certified Survey
Maps as shown on Exhibit "A" shall be completed
according to City Standards.
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Agenten CSM's
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B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Subdivider shall construct, install, furnish and -~ ~~ ~~~~ ~~ ~~
provide facilities as approved by the.City Engineer
water drainage throughout the entire Subdivision,
and Public Works Committee for storm and surface
discharge to a tile or storm sewer system, all in
and a Master Grading Plan providing for sump pump
accordance with the plans and specifications
attached hereto, made a part hereof and marked
the Subdivider to install additional storm drainage
Exhibit "D". The City retains the right to require
and erosion control measures prior to acceptance of
improvements by the City of Muskego.
2. The CITY shall furnish to the Subdivider such
permits or easements as may be required in any
public street or property to enter upon and install
the above described surface water drainage system
3. Grade and improve all lots in conformance with the
therein.
Master Grading Plan attached hereto and made a part
hereof and marked Exhibit "C". Restore with
topsoil and seed. Establish dense vegetation. All
grades must be verified by Developer's Engineer
after completion with the following tolerances:
All lot corners 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)
inches to allow for standard finish. (See Section
XII, F).
4. At Subdivider's expense, and prior to acceptance of
improvements and the issuance of building permits
by the City (not including model homes which are
governed by separate agreement), all storm sewers
shall be cleaned (See Section XI1.D).
C. SANITARY SEWER:
1. Subdivider shall construct, install, furnish, and ~
provide a complete sanitary sewage collection
system throughout the entire Subdivision, as
Utilities Committee all in accordance with the
approved by the City Engineer and the Public
plans, specifications and drawings attached hereto
as Exhibit "E". The cost of the preparation of as-
built plans shall be paid by the Subdivider.
2. The CITY shall furnish the Subdivider such permits
or easements as may be required by any public
the above described sewage system therein.
street or public property to enter upon and install
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Subdivider's Agreement
3. Subdivider shall complete, to the satisfaction of
the City Engineers, any remaining punch list items
concerning the Sanitary Sewer System prior to the
connection of any residence to the sanitary sewer
4. The Subdivider shall televise the sanitary sewer
systems.
City Engineer, and supply video tape to City of
system, repair any defects as determined by the
Muskego, and clean all sewer lines prior to the
issuance of building permits, except for model
homes and acceptance of improvements by the City
(See Section XI1.E).
D. LANDSCAPING:
1. Subdivider shall preserve existing trees outside of
the public right-of-way wherever practical, when
2. Subdivider shall remove and lawfully dispose of:
installing the Subdivision improvements.
(a) all old barns, outbuildings; (b) destroyed
trees, brush, tree trunks, shrubs and other natural
3. Subdivider shall plant street trees in accordance
growth; (c) and all rubbish.
with Section 18.60 of the Muskego Land Division
Ordinance and Resolution #P.C. 101-93.
E. EROSION CONTROL MEASURES
1. Subdivider shall construct, install, furnish and
provide a complete system of Erosion Control
Devices or measures in specified areas of the
Subdivision, as approved by the City Engineer and
the Building Inspection Department and in
accordance with the plans and specifications
with Chapter 29 of the City's Municipal Code.
attached hereto as Exhibit "F" also in accordance
2. Install silt fencing in conformance with the
approved plans prior to 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.
3. Mulching and seeding of all disturbed areas to
comply with Chapter 29.
4. 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 are responsible for controlling
erosion on their lot.
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Subdivider's Agreement
5. Five Thousand Dollars ($5,000.00) from the Letter
of Credit (under Section XIV) , shall be retained
determined by the Building Inspection Department.
until adequate vegetation is established as
A reduction of fifty percent (50%) of the Five
Thousand Dollars ($5,000.00) portion of the Letter
of Credit is allowable upon verification of fifty
percent (50%) of disturbed areas are vegetated.
If, upon a written notification by the Building
Inspection Department of non-compliance of Chapter
days, the City may utilize the Five Thousand
29, the terms are not corrected within five (5)
Dollars ($5,000.00) portion of the Letter of Credit
to correct the terms of non-conformance. From time
Developer's Deposit to cover the cost of
to time, additional funds may be required in the
maintenance as deemed appropriate by the
Department.
6. Included in the above Five Thousand Dollars
($5,000.00) are monies for restoration of stream
bank areas disturbed during clean up, for seeding of
and seeding of unvegetated areas on the entire
eroding portions of said stream banks on Parcel 3,
development site.
SECTION 11. TIME OF COUPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be
completed by the Subdivider in total within one (1) year from
signing of this Agreement or except if another date is
provided for in the Agreement. The final surface course
pavement shall be deferred until sixty percent (60%) of the
homes have been completed or 36 months after the installation
of the first lift of asphalt, whichever comes first.
If the final surface course of pavement is not completed
within twelve (12) months of the date of this agreement, the
acceptable to the City until such time as the final surface
Subdivider shall extend the Letter of Credit in a form
of the intention to terminate the Letter of Credit prior to
course of pavement is completed. If the City receives notice
completion of the final surface course pavement, such notice
shall be considered a failure to complete improvements in
accordance with this agreement and shall entitle the City to
immediately draw against the Letter of Credit.
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Subdivider's Agreement
SECTIOl 111. DEDICATION:
Subject to all of the other provisions of this agreement,
Subdivider shall, without charge to the CITY, upon completion
of the above described improvements, unconditionally give,
grant, convey and fully dedicate the roads and streets,
sanitary sewers, storm and surface water drainage facilities
as illustrated on Exhibit "A", to the CITY, its successors and
assigns, forever, free and clear of all encumbrances whatever
together with and including, without limitation because of
enumeration, any and all land, buildings, structures, mains,
appurtenances and hereditaments which may in any way be a part conduits, pipes lines, plant, machinery, equipment,
of or pertain to such improvements and together with any and
all necessary easements for access thereto. The CITY will be
receptive to the dedications of said improvements, except
roads and surface water drainage facilities, after the first
all said utilities have been completed and approved by the
lift of bituminous concrete pavement has been installed, when
City Engineers and other agencies as applicable.
SECTION IV. INSPECTIONS AHD ADMINISTRATION FEES:
Subdivider shall pay and reimburse the City in advance of the
the CITY'S Land Division Ordinance and at times specified
signing of the Agreement, in accordance with Section 18.14 of
billing, all fees, expenses and disbursements which shall be
herein, but in any event, no later than thirty (30) days after
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,
the applicable plans, specifications, regulations and
inspection to insure that construction is in compliance with
ordinances; legal, administrative and fiscal work undertaken
to assure and implement such compliance. Failure to pay or
reimburse the City in a timely manner may cause the City to
cease all construction inspections until such time as all
anticipated or outstanding inspection and administration fees
have been satisfied.
0 Subdivider Is Agreement
Agenten CSM'S
SECTION V. XISCELIANEOUS REQUIREHBMTS:
The Subdivider shall:
A.
B.
" L.
D.
0 E.
F.
G.
Easements: Provide any easements on Subdivider's land
deemed necessary by the City Engineers prior to the Final
Certified Survey Maps being signed, provided such
easements are along lot lines or to the rear of the lots
and are not any more restrictive to the building of homes
beyond the applicable side yard and offset distances
required by the zoning for such lots.
Street Siqns: Reimburse the CITY for the cost of all
street signs, traffic signs and posts, including the cost
of their inst'allation.
Manner of Performance: Cause all construction called for
by this Agreement to be carried out and performed in a
good and workmanlike manner.
Survey Monuments: Properly place and install any lot,
block or other monuments required by State Statute or
City Ordinance.
Deed Restrictions: A deed restriction containing the
following language shall be placed on each deed:
his lot in accordance with the Master Grading Plan on
"Each lot owner must strictly adhere to and finish grade
file in the office of the Subdivider and the office of
by the City Engineer. The Subdivider and/or the City
the City Building Inspector unless a change is approved
and/or the agents, employees or independent contractors
shall have the right to enter upon any lot, at any time,
any drainage conditions and the property owner is
for the purpose of inspection, maintenance, correction of
responsible for the cost of the same."
Grades: Furnish to the Building Inspector and the CITY a
copy of Exhibit "C" showing the street grade in front of
each lot, the finished yard grade, the grade of all four
(4) corners of the lot and grades of the buildings on
adjoining lots, where applicable, as existing and as
proposed.
Siqht Distances: Restricts lots on the face of the
plat so that no structure of any kind which exceeds a
height of 2 1/2 feet above the center of the intersection
shall be permitted in the vision setback area in
Ordinance.
conformance with Section 17:5.02(2) of the Zoning
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Subdivider's Agreement
H. Sump Pump Connections: 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 hereof and marked Exhibit "G" 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. Permits: Submit to the CITY valid copies of all agency
permits including the Wisconsin D.N.R. and U.S. Army
prior to any preconstruction meeting.
Corps of Engineers before construction commences and
J. Sewer Extension Permits: (a) The City of Muskego has,
pursuant to the provision of Chapter 21 of the City Code,
granted the Subdivider five (5) Residential Equivalent
Connections (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
development which is the subject of this Subdivider's
is using all of the above-noted REC's in the phase of
Agreement and shall secure the installation of said sewer
extensions as provided elsewhere in this agreement and as
required by the City Code.
unused sewer capacity granted to the subdivider as (b)Notwithstanding any of the above provisions, all
referenced in this agreement shall automatically
terminate and the allocation of said capacity shall cease
on the 21st day of December, 2002.
SECTIOH VI. OUARAMTEES:
The Subdivider shall guarantee the public roads and streets,
sanitary sewers, surface water drainage improvements and all
other improvements described in Section I, hereof, against
defects due to faulty materials or workmanship provided that
date of dedication and acceptance. The Subdivider shall pay
such defects appear within a period of one (1) year from the
for any damages to CITY property resulting from such faulty
materials or workmanship. This guarantee shall not be a bar
materials. Wisconsin law on negligence shall govern such
to any action the CITY might have for negligent workmanship or
situation.
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SECTION VII. GENERAL INDEMNITY:
provisions of this agreement or documents incorporated herein
In addition to, and not to the exclusion or prejudice of, any
by reference, Subdivider shall indemnify and save harmless,
and agrees to accept tender of defense and to defend and pay
any and all reasonable legal, accounting, consulting,'
engineering and other expenses relating to the defense of any
claim asserted or imposed upon the CITY, its officers, agents,
and employees, and independent contractors growing out of this
agreement as stated above by any party or parties. The
Subdivider shall also name as additional Insured on its
general liability insurance the CITY, its officers, agents,
and employees, and any independent contractors hired by the
CITY to perform service as to this Subdivision and give the
CITY evidence of the same upon request by the CITY.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the CITY'S
the benefit of the purchaser of any lot or any interest in any
rights herein, the provisions of this Agreement shall be for
lot or parcel of land in the Subdivision. Further, that the
from completing the work on the attached Exhibits.
sale of any lot or parcel shall not release the Subdivider 0
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Subdivider shall have completed the
the CITY as set forth herein, the same shall be accepted by
improvements herein required, and shall dedicate the same to
by this Agreement and as required by applicable CITY
the CITY if said improvements have been completed as required
ordinances and other applicable law and approved by the City
Engineer, City Finance Committee and Common 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 in
accordance with the requirements of Section 29.06 of the
CITY'S Erosion Control Ordinance (Ord. #560). No construction
or grading can begin until said permit is received from the
CITY.
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SECTIOM 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 the Subdivider to construct the
improvements in accordance with the plans and specifications
with any deposit provisions or other requirements of the
called for by this agreement, upon Subdivider's compliance
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.
this Agreement, make available to the Subdivider or their
2. The CITY shall, as a condition of the Subdivider executing
nominee successors or assigns, building permits for the
construction of single family residences subject to the
provision of Section XII.
SECTIOH XII. BUILDING AHD OCCUPANCY PERMITS:
The Subdivider shall
( 1 ) model home. It
no Occupancy Permits
issued
determ
A
B.
C.
is expressly understood and agreed that
be allowed to construct no more than one
shall be issued either for the said model
home aid no building permits or occupancy permits shall be
for any other homes until the City's Engineers have
ined that:
. The sanitary sewer and surface water drainage
facilities required to serve such homes are
connected with an operational system as required
herein, and
The Building Inspector verifies that the
pavement has been installed.
installation of the bituminous concrete base course
Cleaning of storm sewer system completed (See
D. All lot grades shall conform to the Master Grading
Section I.B.4).
E. Negative balance in Developer's Deposit is
Plan (See Section 1.8.3).
satisfied unless otherwise authorized by the
Planning Director.
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Subdivider's Agreement
SECTIOW XIII. GEMERAL CONDITIOMS AND REGULATIONS:
All the provisions of the CITY'S ordinances are incorporated
parties hereto and be a part of this Agreement as fully as if
herein by reference, and all such provisions shall bind the
set forth at length herein. This Agreement and all work and
improvements required hereunder shall be performed and carried
out in strict accordance with and subject to the provisions of
said ordinances.
SECTION XIV. FINANCIAL GUARANTEE:
A.
B.
C.
D.
LETTER OF CREDIT:
Prior to the execution of this agreement by the CITY, the
Subdivider shall file with the CITY a Letter of Credit setting
forth terms and conditions approved by the CITY Attorney in
the amount of $ 112,880.00 as a guarantee that the
required plans, improvements, and approvals will be completed
by the Subdivider and his subcontractors no later than one (1)
year from signing of the Agreement, except if another date is
provided within this Agreement and as a further guarantee that
all obligations to the subcontractors for work on the
Developer's Deposit.)
Subdivision are satisfied. (See Section XIV. D. regarding
INVOICES :
Invoices documenting public improvements addressed and not
addressed in the Letter of Credit, but attributable to the
subject development shall be provided to the City at the time
of signing of the Subdivider's Agreement.
RELEASE OF FUNDS FROM LETTER OF CREDIT:
The Subdivider shall Provide CITY with a written reauest to
the Finance Committee -accompanied by: Request for Gendment
to Letter of Credit form, invoices for work completed for
which a release is being requested, breakdown of invoices in
for all work which is subject of release request (See Section
format of Public Improvement Cost Breakdown form, lien waivers
X1V.D. ).
DEVELOPER'S DEPOSIT:
The Subdivider shall maintain a positive balance in the
Developer's Deposit. No release from the Letter of Credit
shall be entertained until the Developer's Deposit is
satisfied unless otherwise authorized by the Common Council
following a recommendation of the Finance Committee. ( See
Section X1V.C.).
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Subdivider's Agreement
SECTIOI N. PARTIES BOW:
this agreement or any part herein as it applies to any phase
Subdivider or his assignees shall be bound by the terms of
of the development of the Subdivision.
SECTIOU NI. ASSI(MRIEMT:
Subdivider shall not assign this Agreement without the written
consent of the CITY.
SECTIOI NII. AXEBDMEMTS:
The City and the Subdivider, by mutual consent, may amend this
agreement, by written agreement between the City and the
Subdivider.
IN WITNESS HEREOF, Subdivider and CITY have caused this
Agreement to be signed by their appropriate officers and their
seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
AGEITEM FAMILY TRUST
SUBDIVIDER
By :
Robert R. Agenten, as authorized representative of the Agenten
Family Trust
I CITY OF HUSKEGO:
By :
David L. DeAngelis, Mayor
By :
Jean Marenda, City Clerk
WAUKESHA COUNTY
STATE OF WISCONSIN ) ss
PERSONALLY came before me this day of
1995, Robert R. Agenten, to me known to be the person who executed
the foregoing instrument and acknowledged the same.
)
I
Notary Public-State of Wisconsin
My Commission Expires
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Agenten CSM'S
Subdivider's Agreement
WAUKESHA COUNTY
STATE OF WISCONSIN ) ss )
PERSONALLY came before me this day of ,
1995, the above named David L. DeAngelis, Mayor, and Jean 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 , 1995.
Notary Public-State of Wisconsin
My Commission Expires
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A(IEIJTBl3 CERTIFIED SURVEY MAPS
LIST OF EXHIBITS
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
BOUNDARY DESCRIPTION & CERTIFIED SURVEY MAPS
ROAD AND STREET PLANS
GRADING PLAN
STORM SEWER PLAN
SANITARY SEWER
EROSION CONTROL PLAN
SUMP PUMP DRAINS AND CLEANOUTS
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l~~lernatinnal Hankinc Division
Bank One. Milwaukee. XA 4 14 76 5000
May 4, 1995
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Dear Sirs:
which are as follows:
Enclosed is our Irrevocable Standby Letter of Credit, details of
Credit No.: ST100966
Amount: USD 112,880.00
For the Account Of: Agenten Revocable Living Trust
Expiration Date: 05/04/96
Robert R. Agenten as Trustee
to the attention of the undersigned.
If there are any questions regarding this credit, please direct them
Sincerely,
Standby Letters of Credit Specialist
Phone: (414) 765-2651
Enclosure
Telex Number: 6733943
Swill BOMKUS 44
Answer Back: BANK ONE
Fax: 414-765-3440
ORIGINAL
Telex Number: 6733943
Swill BOMKUS 44
Answer Back: BANK ONE
Fax: 414-765-3440
ORlGlN.4L