CCR1995137AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #137-95
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Deer Creek
WHEREAS, a Final Plat was submitted on April 14, 1995 for the
36-lot Deer Creek Subdivision in the 1/4 of Section 10; and
WHEREAS, the Preliminary Plat was approved in Resolution #26-95;
and
WHEREAS, the Plan Commission has recommended approval subject to
conditions outlined in Resolution #P.C. 69-95, as amended; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Deer Creek, 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 Deer Creek
Subdivision, subject to approval of the City Engineer, conditions
outlined by the Plan Commission in Resolution #P.C. 69-95, as
amended, and all objecting and approving agencies, and receipt of
Ordinance.
all fees as provided in Section 18.14 of the Land Division
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Deer Creek, 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) days of the
date of approval of this Resolution or the same will be null and
void and review and approval of the City's Financial Consultant
with regards to the mortgage holder of the Letter of Credit; the
dollar amount inserted for the traffic lights of $20,125 in
Section V. C. of the Subdivider's Agreement; Section V. C.
to include that the five (5) years starts as of June 27, 1995,
but if the project is in the process at the end of five (5)
years, the funds will not be released; $615,199 to be inserted in
Section XIV. A.; and $8,650 inserted in Section I. F. 5.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to passage of Ordinance #868.
Resolution #137-95
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
DATED THIS 27th DAY OF JUNE , 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 #137-95 which was adopted by the Common Council of the
City of Muskego. n
6/95jmb
SUBDIVIDER'S AGREEMENT
This Agreement, made this
by and between Premier Development, Inc., the "Subdivider" and the
day of
City of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, hereinafter called the "City".
WITNESSETH
proposed Final Plat for Deer Creek Subdivision, a 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
WHEREAS, the Subdivider has submitted for approval by the City a
I
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that
as a condition of plat approval, the governing body of the City may
require that the Developer make and install certain public
improvements reasonably necessary for the Subdivision and further,
may require dedication of public streets, alleys or other ways within
the Subdivision, to be conditioned upon the construction of said
improvements according to municipal specifications without cost to
said municipality; and
Public Utility Committee and Finance Committee have duly approved,
contingent of certain other approvals, Subdivider's plans and
Commission and Common Council have duly approved the final plat of
specifications for subdivision improvements, and the City's Plan
Deer Creek contingent upon the execution and performance of this
agreement by the Subdivider.
WHEREAS, the City's Engineers, the City's Public Works Committee,
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in
Deer Creek Subdivision in accordance with the plat
of said Subdivision and the plans and specifications
attached hereto, made a part hereof and marked Exhibit
"B", all in accordance with the City's street
SUB ARGMNT DEER CREEK
Page 2
specifications.
2. Paving of Deer Creek Subdivision streets and
pedestriadbike paths as shown on Exhibit "A" shall be
completed according to City Standards.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1.
2.
3.
4.
Subdivider shall construct, install, furnish and
provide facilities as approved by the City Engineer and
Public Works Committee for storm and surface water
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, made a
part hereof and marked Exhibit "C". The City retains
the right to require the Subdivider to install
prior to acceptance of improvements by the City of
additional storm drainage and erosion control measures
Muskego.
The CITY shall furnish to the Subdivider such permits
property to enter upon and install the above described
or easements as may be required in any public street or
surface water drainage system therein.
Grade and improve all lots in conformance with the
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
with the following tolerances: All lot corners must be
be verified by Developer's Engineer after completion
from exact to plus or minus two (2) inches. Overall
House pads from exact to minus twelve (12) inches. All
lot grades must be from exact to minus six (6) inches.
three (3) inches to allow for standard finish. (See
swales and ditches must be graded to exactly minus
Section XI1,F.)
At Subdivider's expense, and prior to acceptance of
the City (not including model homes which are governed
improvements and the issuance of building permits by
by separate agreement), all storm sewers shall be
cleaned (See Section XI1.D).
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 in accordance with
the plans and specifications attached hereto as
plans shall be paid by the Subdivider.
Exhibit "D". The cost of the preparation of asbuilt
SUB ARGMNT DEER CREEK
Page 3
2. The CITY shall furnish the Subdivider such permits or
easement as may be required in any public street or
public property to enter upon and install the above
described water system therein.
3. Any water used from hydrants shall be metered and a
permit taken out through the CITY OF MUSKEGO.
4. Subdivider shall complete, to the satisfaction of the
City Engineers, any remaining punch list items
concerning the water system, prior to connection of
any residence to the water system.
D. SANITARY SEWER:
1. Subdivider shall construct, install, furnish, and
provide a complete sanitary sewage collection system
City Engineer and the Public Utilities Committee all
throughout the entire Subdivision, as approved by the
drawings attached hereto as Exhibit "E". The cost of
in accordance with the plans, specifications and
the preparation of asbuilt plans shall be paid by the
Subdivider.
2. The CITY shall furnish the Subdivider such permits or
public property to enter upon and install the above
easements as may be required by any public street or
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 prior to the
connection of any residence to the sanitary sewer
systems.
4. The Subdivider shall televise the sanitary sewer
system, repair any defects as determined by the City
Engineer, and supply video tape to City of 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).
E. LANDSCAPING:
1. Subdivider shall preserve existing trees outside of
the public right-of-way whenever practical, when
installing the Subdivision improvements.
2. Subdivider shall remove and lawfully dispose of: (a)
all old barns, outbuildings; (b) destroyed trees,
brush, tree trunks, shrubs and other natural growth;
(c) and all rubbish.
3. Subdivider shall plant street trees in accordance with
SUB ARGMNT DEER CREEK
Page 4
Section 18.60 of the Muskego Land Division Ordinance 0
and Resolution #P.C. 101-93.
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 the Building
Inspection Department and in accordance with the plans
and specifications with Chapter 29 of the City's
Municipal Code.
Install silt fencing in conformance with the approved
plans prior to the grading and construction work.
until such time as turf cover is established in the
Such fences shall be maintained by the Subdivider
day notice to the City.
Subdivision. No grading shall occur without a two (2)
with Chapter 29.
Mulching and seeding of all disturbed areas to comply
Control Permits for the site for controlling erosion
Subdivider is responsible for obtaining 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.
Thousand Dollars ( .OO) from the
Letter of Credit (under Section XIV), shall be
retained until adequate vegetation is established as
determined by the Building Inspection Department. A
reduction of fifty percent (50%) of the
Thousand Dollars ($
Letter of Credit is allowable upon verification of
.OO) portion of the
fifty percent (50%) of disturbed areas are vegetated.
If, upon a written 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 -
($
Thousand Dollars
correct the terms of non-conformance. From time to
time, additional funds may be required in the
Developer's Deposit to cover the cost of maintenance
as deemed appropriate by the Department.
.OO) portion of the Letter of Credit to
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS: .
SUB ARGMNT DEER CREEK
Page 5
by the Subdivider in total within one (1) year from signing of this
Agreement or except if an earlier date is provided for in the
Agreement. All pedestriadbike paths shall be installed
simultaneously with the first lift of road pavement. The final
of the homes have been completed or 36 months after the installation
surface course pavement shall be deferred until ninety percent (90%)
of the first lift of asphalt, whichever comes first.
The improvements set forth in Section I above shall be completed
twelve (12) months of the date of this agreement, the Subdivider
shall extend the Letter of Credit in a form acceptable to the City
until such time as the final surface course of pavement is completed.
If the City receives notice of the intention to terminate the Letter
of Credit prior to 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.
If the final surface course of pavement is not completed within
SECTION 111. DEDICATION:
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, bike paths, sanitary sewers,
watermains, storm and surface water drainage facilities (excluding
those facilities which are to be owned and maintained by the
Homeowners Association) as illustrated on Exhibit "A" and as
described in the deed restrictions, to the CITY, it successors and
assigns, forever, free and clear of all encumbrances whatever
enumeration, any and all land, buildings, structures, mains,
together with and including, without limitation because of
conduits, pipes lines, plant, machinery, equipment, appurtenances and
hereditaments which may in any way be a part of or pertain to such
access thereto. The CITY will be receptive to the dedications of
improvements and together with any and all necessary easements for
said improvements, except roads and surface water drainage
facilities, after the first lift of bituminous concrete pavement has
been installed, when all said utilities have been completed and
approved by the City Engineers and other agencies as applicable.
Subject to all of the other provisions of this agreement,
SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES:
Subdivider shall pay and reimburse the City in advance of the
signing of the Agreement, in accordance with Section 18.14 of the
CITY'S Land Division Ordinance and at times specified herein, but in
any event, no later than thirty (30) days after billing, 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
SUB ARGMNT DEER CREEK
Page 6
with the applicable plans, specifications, regulations and
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.
SECTION V. MISCELLANEOUS REQUIREMENTS:
The Subdivider shall:
A.
E.
C.
D.
E.
F.
Easements: Provide any easements on Subdivider's land
deeded necessary by the City Engineers prior to the Final
Plat 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
sideyard 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 installation.
Traffic Liqhts: Subdivider shall provide $
in the Letter of Credit for the cost of installation of
traffic ("stop and go") lights at the intersection of
Janesville Road (C.T.H. "L") and Parkland Drive. Said funds
shall be released to the Subdivider: (1) Upon the
City of proof that Subdivider has paid $
installation of said traffic lights and upon receipt by the
the installation of same, or (2) said traffic lights are not
installed within five (5) years of the date of this
Subdivider's Agreement.
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: Execute and record deed restrictions
and provide proof of recording prior to sale of lots by
Premier Development, Inc. in Deer Creek subdivision in the
form attached hereto, made a part hereof and marked Exhibit
."G". The deed restrictions shall contain the following
language:
"Each lot owner must strictly adhere to and finish grade his
the office of the Subdivider and the office of the City
lot in accordance with the Master Grading Plan on file in
Building Inspector unless a change is approved by the City
Engineer. The Subdivider and/or the City and/or the agents,
for
SUB ARGMNT DEER CREEK
Page 7
G.
H.
1.
J.
K.
L.
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
conditions and the property owner is responsible for the
cost of the same. I'
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
proposed.
adjoining lots, where applicable, as existing and as
Sight 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 conformance with
Section 17:5.02(2) of the Zoning Ordinance.
Sump Pump Connections: The Subdivider shall furnish to
the Plumbing Inspector of the CITY a copy of storm drains
made part hereof and marked Exhibit "H" showing the
and clean out locations in the form attached hereto and
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.
Street Liqhts: Install street lights in accordance with
Section 18.0911 of the City's Land Division Ordinance.
Permits: Submit to the CITY valid copies of all agency
permits including the Wisconsin D.N.R. and U.S. Army Corps
of Engineers before construction commences and prior to any
preconstruction meeting.
Sewer Extension Permits: (a) The City of Muskego has,
pursuant to the provision of Chapter 21 of the City Code,
granted the Subdivider Seventy-Three (73) 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 is using Thirty-Six (36) of the above-noted REC's
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 Thirty-Seven (37) REC's of capacity for future phases
of the development.
automatically terminate and the allocation of said capacity
(b) The remaining Thirty-Seven (37) REC's of capacity shall
shall cease to the extent that said sewer extension is not
SUB ARGMNT DEER CREEK
Page 8
certified, by a representative appointed by the City to make
said certification, to be completely constructed and
approved within four (4) 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 REC's 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 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.
sewer capacity granted to the Subdivider as referenced in (e) Notwithstanding any of the above provisions, all unused
this agreement shall automatically terminate and the
allocation of said capacity shall cease on the 2lst day of
December, 2002.
M. Declaration of Restrictions: Provide a copy of signed
document if a Planned Unit Development.
SECTION VI. GUARANTEES:
The Subdivider shall guarantee the public roads and streets,
all other improvements described in Section I, Items A, B, C, & D,
sanitary sewers, watermains, surface water drainage improvements and
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 pay
for any damages to CITY property resulting from such faulty materials
or workmanship. This guarantee shall not be a bar to any action the
CITY might have for negligent workmanship or materials. Wisconsin
law on negligence shall govern such situation.
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, Subdivider shall indemnify and save harmless, and agrees 0
to accept tender of defense and to defend and pay any and all
reasonable legal, accounting, consulting, engineering and other
SUB ARGMNT DEER CREEK
Page 9
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,
CITY to perform service as to this Subdivision and give the CITY
agents, and employees, and any independent contractors hired by the
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 rights
herein, the provisions of this Agreement shall be for the benefit of
the purchaser of any lot or any interest in any lot or parcel of land
in the Subdivision. Further, that the sale of any lot or parcel shall
not release the Subdivider from completing the work on the attached
Exhibits.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Subdivider shall have completed the improvements
herein, the same shall be accepted by the CITY if said improvements
herein required, and shall dedicate the same to the CITY as set forth
have been completed as required by this Agreement and as required by
applicable CITY ordinances and other applicable law and approved by
the City Engineer, City Finance Committee and Common Council.
SECTION 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
Ordinance (Ord. #560). No construction or grading can begin until
the requirements of Section 29.06 of the CITY's Erosion Control
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 the Subdivider to construct the improvements in
accordance with the plans and specifications called for by this
or other requirements of the applicable ordinances or regulations;
agreement, upon Subdivider's compliance with any deposit provisions
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 nominee
successors or assigns, building permits for the construction of
single family residences subject to the provision of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
2. The CITY shall, as a condition of the Subdivider executing
SUB ARGMNT DEER CREEK
Page 10
The Subdivider shall be allowed to construct no more than two (2)
model homes by separate agreement with the City. It is expressly
understood and agreed that no Occupancy Permits shall be issued
permits shall be issued for any other homes until the City's
either for the said model homes and no building permits or occupancy
Engineers have determined that:
A.
B.
C.
D.
E.
F.
G.
The sanitary sewer, water 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 installation
of the bituminous concrete base course pavement has
been installed including pedestrian/blke paths.
No Building Permits shall be issued prior to all
signatures being obtained on the Deed Restrictions,
(Exhibit "G"),
Cleaning of storm sewer system completed (See Section
I.B.4).
Video tape of sanitary sewer system completed (See
Section I.D.4)
All lot grades shall conform to the Master Grading
Plan (See Section I.B.3).
Negative balance in Developer's Deposit is satisfied
unless otherwise authorized by the Planning Director.
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 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 GUARANTEES:
A. 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 $ as a guarantee that
the required plans, improvements, and approvals will be
completed by the Subdivider and his subcontractors no later
another date is provided within this Agreement and as a
than one (1) year from signing of the Agreement, except if
further guarantee that all obligations to the subcontractors
for work on the Subdivision are satisfied
SUB ARGMNT DEER CREEK
Page 11
(See Section XIV. D. regarding Developer's Deposit).
B. 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 the signing of this Subdivider's Agreement.
C. RELEASE OF FUNDS FROM LETTER OF CREDIT:
The' Subdivider shall provide CITY with a written request to
the Finance Committee accompanied by: Request for Amendment
to Letter of Credit form, invoices for work completed for
which a release is being requested, breakdown of invoices in
format of Public Improvement Cost Breakdown form, lien
waivers for all work which is subject of release request
(See Section X1V.D.).
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.).
SECTION XV. PARTIES BOUND:
Subdivider or his 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.
SECTION XVI. ASSIGNMENT:
consent of the CITY.
Subdivider shall not assign this Agreement without the written
SECTION XVII. AMENDMENTS:
agreement, by written agreement between the CITY and the Subdivider.
The CITY and the Subdivider, by mutual consent, may amend this
SUB ARGMNT DEER CREEK
Page 12
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.
Subdivider:
IIJ WITNESS HEREOF, Subdivider and CITY have caused this Agreement
By :
By :
CITY OF MUSKEGO:
BY :
David L. De Angelis, Mayor
BY :
Jean Marenda, City Clerk
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY 1
PERSONALLY came before me this
1995,
the person who executed the foregoing instrument and acknowledged the
same.
day of
to me known to be
My Commission Expires
Notary Public-State of Wisconsin
SUB ARGMNT DEER CREEK
Page 13
STATE OF WISCONSIN ) SS WAUKESHA COUNTY )
PERSONALLY came before me this day of I
1995, the above named David L. De Angelis, 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
by its authority and pursuant to the authorization by the Common
instrument as such officers as the deed of said municipal corporation
Council from their meeting on the day of
Notary Public-State of Wisconsin
My Commission Expires
SUB ARGMNT DEER CREEK'
Page 14
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of
Wisconsin, as entered into on the
the Subdivider's Agreement for Deer Creek Subdivision, Muskego,
between Premier Development, InC. and the CITY OF MUSKEGO, pursuant
to the authorization by the Common Council from their meeting on the
day of , 1995, by and
day of , 1995.
Jean Marenda, City Clerk
Clerk of the City of Muskego
SUB ARGMNT
Page 15
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT J
DEER CREEK
LIST OF EXHIBITS
BOUNDARY DESCRIPTION & FINAL PLAT
GRADING PLAN
STORM SEWER PLAN
WATER PLANS
SANITARY SEWER
EROSION CONTROL PLAN
DEED RESTRICTIONS
SUMP PUMP DRAINS & CLEANOUTS
DECLARATION OF RESTRICTIONS
BGILDERS UORTtiAG @OfJl~OO3
BUILDERS MORTGAGE CORPORATION
Anoka, MN 55303
(612) 323-0820, Fax (612) 323-9105
403 Jackson Street, Suite 301
Constructlon Loan Specialists fo: Professional Builders
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO: xxx-m AMOUNT $0.00 U.S
DATE: June 22, 1995
APPLICANT- Premier Development, Inc.
505 Capitol Drive
Pewaukee, WI 53072
Beneficiary. City of Muskego
W182 58200 Racine Avenue
Muskego, WI 531 50
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor in the amount of NO
Dollars ($0.00 U.S.) which is available by beneficiary's draft(s) at sight drawn on
Builders Mortgage Corporation. Each draft accompanying documents must state
'Drawn Under Builders Mortgage Corporation's Documentary Credit No. XM-XXX".
This Standby Credit is to provide a guarantee to the City of Muskego for the
performance of Premier Development, Inc.'s obligations under that certain agreement
dated between the City of Muskego and
applicant.
DRAFTS ARE TO BE ACCOMPANfEO BY:
A statement signed by the Mayor of the City of Muskego stating that Premier
Development, Inc. 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.
Continued on page two (2) which is an integral part of this Standby Credit.
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Page 2, An integral part of Standby Credit No. XXX-Mx
SPECIAL CONDITIONS:
This Standby Credit will terminate on provided,
however, Builders Mortgage Corporation shall give written notice to the beneficiary of
its intention to terminate this Standby Credit at least 90 days prior to
. After the date stated in this paragraph, this Letter of Credit
can only terminate upon 90 days written notice to the beneficiary
We engage with you that drafts drawn under and in compliance with the terms of this
credjt will be duly honored if presented on or before the expiration date. This original
Standby Credit must be submitted to us together with any drawings hereunder for our
endorsement of any payments effected by us andlor for cancellations.
Very truly yours,
BUILDERS MORTGAGE CORPORATION
Ronald G. Stratton
President
RGSIcka
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FAClcRAZ DEVELOPMEW MANUAL Frocmdutr 13-26-40 et
I. Read lonIOlwCIon