CCR1996087COMMON
RESOLUTION #87-96
APPROVAL OF DEVELOPER'S AGREEMENT AND
LETTER OF CREDIT FOR NATIONAL REGENCY
WHEREAS, the Developer's Agreement and Letter of Credit have
been received for National Regency of New Berlin, Inc., 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 Finance
Committee, does hereby approve the attached Developer's
Agreement, as amended, and Letter of Credit for National Regency
City Engineer, all of said approvals to be obtained within
of New Berlin, Inc. subject to approval of the City Attorney and
thirty (30) days of the date of approval of this Resolution or
the same will be null and void.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to passage and publication of Ordinance #892.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to receipt by the City of a Quit Claim Deed as to the
Woods Road project, On-Site Water and Storm Sewer Easements free
of all superior encumbrances and title evidence as to same and
Conditional Use documents and that all of said documentation is
satisfactory to the Mayor.
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 23RD DAY OF APRIL , 1996.
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 #87-96 which was adopted by the Common Council of the
City of Muskego.
4/96 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #87-96
APPROVAL OF DEVELOPER'S AGREEMENT AND
LETTER OF CREDIT FOR NATIONAL REGENCY
WHEREAS, 2 the Developer's Agreement and Letter of Credit have
been received for National Regency of New Berlin, Inc., 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 Finance
Committee, does'hereby approve the attached Developer's
Agreement and Let\fer of Credit for National Regency of New
\
and City
of this Resolution or the same
BE IT FURTHER of this Resolution is
subject to Ordinance #892.
BE IT and Clerk are hereby
city.
in the name of the
DATED THIS DAY OF
PONSORED BY:
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #87-96 which was adopted by the Common Council of the
4/96 jmb City Clerk
DEVELOPER’S AGREEMENT
This Agreement, made this - day of , 1996, by and between National
Regency of New Berlin, Inc., hereinafter called the “Developer”, and the City of Muskego, a
municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the
“City.”
WITNESSETH
WHEREAS, the Developer has submitted for approval by the City a Plat of Survey for the
development of the northeast comer of Woods Road and Racine Avenue in the City of Muskego, a
copy of which is attached hereto as Exhibit A and a copy of which is on file in the Office of the City
Clerk, for which a Final Site, Building and Operation Plan was approved by the City on September 5,
1995;
WHEREAS, Wisconsin Statutes and Municipal Ordinances provide that, as a condition of
approval, the governing body of the City may require that the Developer make and install certain
improvements reasonably necessary for the Development and, further, may require dedication of
public utilities within the Development and public right-of-way adjacent to the development to be
conditioned upon the construction of said improvements and dedications according to municipal
specifications without cost to said municipality; and e WHEREAS, the City’s Engineers, the City’s Public Works Committee, Public Utility
Committee and Finance Committee have duly approved, contingent on certain other approvals,
Developer’s plans and specifications for such improvements, and the City’s Plan Commission and
Common Council have duly approved the Final Site, Building, and Operation Plan contingent upon the
execution and performance of this Agreement by the Developer.
NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto
agree as follows:
SECTION 1. IMPROVEMENTS
Developer, entirely at its expense, shall:
A.
1, Although intended to be forever private, grade and improve all drive and parking
areas in accordance with the approved design of said Development and the plans
and specifications attached hereto, made a part hereof and marked Exhibit “B.”
2. Construction and paving of public acceleration and deceleration lanes on C.T.H.
“Y” (Racine Avenue) and Woods Road as shown on Exhibit “B shall be
completed in accordance with all applicable State, County, and City standards.
0
Muskego Regency Developer’s Agreement Page 2
B.
1, Developer 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 Development and required Off-Site Improvements as shown
on the Master Grading Plan, providing for sump pump discharge to a tile or storm
sewer system where applicable, 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 Developer to install additional storm drainage and erosion
control measures prior to acceptance of improvements by the City of Muskego.
All such facilities shall be considered private unless otherwise stipulated by
easement or separate agreement.
2. The City shall furnish to the Developer 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 therein.
3. The Developer shall furnish to the City such easements as shall be required on off-
site private property to enter upon, install, maintain, and make further installations
to the above-described surface water drainage system therein after the same is
constructed to City, specifications by Developer as per Exhibit L. In addition, the
Developer shall provide title insurance written by Chicago Title to the City
insuring that the easement interest is superior to all encumbrances.
4. Grade and improve Development 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 be certified 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. Building 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 MI, F.)
5. At Developer’s expense, and prior to acceptance of improvements and the
issuance of any occupancy permits, all storm sewers shall be cleaned. (See
Section XI, D.)
1, Developer shall construct install, furnish, and provide a complete system of water
supply and distribution throughout the entire Development, as approved by the
City Engineer and in accordance with the plans and specifications attached hereto
as Exhibit “D.” The cost of the preparation of as-built plans shall be paid by the
Developer.
2. Developer shall oversize certain water system improvements in accordance with
the plans and specifications attached hereto as Exhibit “D.” All costs of
oversizing shall be paid by the Developer. The City agrees that it shall not charge,
levy, or assess any fee to the Developer, its successors and assigns for any
e
a
Muskego Regency Developer’s Agreemenl Page 3
construction of future water system improvements adjacent to the southern *670
feet of the Development’s West Racine Avenue (C.T.H. Y) property line and the
western *I60 feet of the Development’s South Woods Road property line.
3. Developer shall construct certain water system improvements in Woods Road on
behalf of the City in accordance with the plans and specifications attached hereto
as Exhibit “D.” Such improvements are generally described as *384 feet of 12”
watermain, 2 hydrants with leads, 2 12” butterfly valves, and 1 80’ 1 % water
internal which comprise those water system improvements in Woods Road
commencing at the 12” “T” serving the Development and proceeding westerly to
the point of system termination. All costs of construction, restoration, costs of
preparation of as-built plans, inspection, and any guarantee or warranty related
expenses shall be paid by the City to the Developer within 30 days of submission
of invoice. Developer shall not include within the Financial Guarantee per
Section XIV any expenses relating to the above-described Woods Road City
improvement.
4. The City shall furnish the Developer 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.
5. Any water used from hydrants shall be metered and a permit taken out through the
City of Muskego.
6. Developer shall complete, to the satisfaction of the City Engineers, any remaining
punch list items concerning the water system, prior to issuance of occupancy
permits per Section XI1 of this Agreement.
D.
1. Developer shall construct, install, furnish and provide a complete private and
public sanitary sewage collection system throughout the entire Development, as .
approved by the City Engineer and the Public Utilities Committee, all in
accordance with the plans, specifications and drawings attached hereto as Exhibit
“E.” The cost of the preparation of as-built plans shall be paid by the Developer.
2. The City shall furnish the Developer such permits or easements as may be
required by any public street or public property to enter upon and install the
above-described sewage system therein.
3. Developer shall complete, to the satisfaction of the City Engineers, any remaining
punch list items concerning the Sanitary Sewer System prior to the issuance of
occupancy permits per Section XI1 of this Agreement.
4. The Developer shall televise the sanitary sewer system, repair any defects as
determined by the City Engineer, supply video tape to City of Muskego, and clean
all sewer lines prior to the issuance of occupancy permits, per Section XI1.E of
this Agreement and acceptance of improvements by the City.
Muskcgo Regency Developer’s Agreement Page 4
E.
1. Developer shall preserve existing trees outside of graded areas whenever practical
when installing the Development improvements.
2. Developer shall remove and lawfully dispose of: (a) all old barns, outbuildings;
(b) destroyed trees, brush, tree trunks, shrubs, and other natural growth; and (c) all
rubbish.
3. Developer shall construct, install, furnish and provide landscaping throughout the
entire Development in accordance with the approved Landscape Plan attached
hereto and marked Exhibit “F.”
4. Developer shall post a bond or letter of credit equal to twice the value of the
landscaping if occupancy of any building is requested prior to the installation of
same. The word “landscaping” shall include trees, shrubs, mulch, edging, grass,
berms, etc.
F.
1. Developer shall construct, install, furnish and provide a complete system of
Erosion Control Devices or measures in specified areas of the Development, as
approved by the City Engineer and the Building Inspection Department and in
accordance with the plans and specifications attached hereto as Exhibit “G,” also
in accordance with Chapter 29 of the City’s Municipal Code.
2. Install silt fencing in conformance with the approved plans prior to the grading
and construction work. Such fences shall be maintained by the Developer until
such time as turfcover is established in the Development. 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. Developer is responsible for obtaining Erosion Control Permits for the site, for
controlling erosion on the site, and for any off-site land disturbing activity
associated with subject development.
5. The sum of Fifteen Thousand Six Hundred Dollars ($15,600) from the letter of
Credit (under Section XIV) shall be retained until the adequate vegetation is
established as determined by the Building Inspection Department. A reduction of
fifty percent (50%) of the Fifteen Thousand Six Hundred Dollar ($1 5,600) portion
ofthe 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 29, the terms are not
corrected within five (5) days, the City may utilize the Fifteen Thousand Six
Hundred Dollar ($1 5,600) portion of the Letter of Credit to 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.
Muskego Regency Developer’s Agreement Page 5
a SECTION II. TIME OF COMPLETION OF IMPROVEMENT
The improvements set forth in Section I above shall be completed by the Developer in total
within two (2) years from signing of this Agreement except that all public andor future public
improvements shall be completed within one (I) year of signing. Public improvements as non-
exclusively illustrated in Exhibits “A,” “B,” “C,” “D,” and “E consist of water system, sanitary
sewers as contained within public right of way, and acceleratioddeceleration lanes. Future public
improvements consist of off-site storm sewer system. The construction of parking areas and
landscaping associated with the northeasterly 32 unit structure and 2 easterly wings of the Assisted
Living facility shall be completed within three (3) years from signing of this Agreement.
lfthe improvements set forth in Section I as specifically described in the Public Improvement
Breakdown have not been completed within one (I) year of the date of this Agreement, the Developer
shall extend the Letter of Credit in a form acceptable to the City until such time as all are completed.
If the City receives notice ofthe intention to terminate the Letter of Credit prior to completion of the
improvements, 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.
SECTION 111. DEDlCATlON
Subject to all ofthe other provisions of this Agreement, Developer shall provide easements
~ .~.. ~~ - and without charge to the City, upon completion of the above-described sanitary sewers within public -
0 rights of way, watermains, off-site storm sewer system, and acceleratioddeceleration lanes as
provided in Section I.A.2. unconditionally give, grant, convey and fully dedicate said systems
(excluding those facilities which are to be owned and maintained by the Developer) as non-exclusively
illustrated in Exhibits “A,” “B,” “C,” “D,” and “E 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, conduits, pipe lines, plant, machinery,
equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such
improvements and together with any and all necessary easements for access thereto. The City will be
receptive to the dedications of public improvements as per Section II when all said improvements have
been completed and approved by the City Engineers and other agencies as applicable. The City shall
accept dedication of the off-site storm sewers improvements and assignment of easements as per
Exhibit L when said improvement has been completed and approved by the City Engineers and other
agencies as applicable.
SECTlON IV. INSPECTIONS AND ADMINISTRATION FEES
Developer 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, designs, plans and Specifications; supervision,
inspection to insure that construction is in compliance with the applicable plans, specifications,
regulations and ordinances; legal, administrative and fiscal work undertaken to assure and implement
such compliance, 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.
e
Muskego Regency Developer’s Agreement Page 6
0 SECTION V. MISCELLANEOUS REQUIREMENTS
The Developer shall:
A. Eaxmmis. Provide any easements on Developer’s land deemed necessary by the City
Engineers, provided such easements are not restrictive to the building of the Development.
B. StreetSiens. Reimburse the City for the cost of all street signs, traffic signs and posts,
including the cost of their installation. At Developer’s expense, “STOP” signs shall be
installed at all exits.
C. -. Cause all construction called for by this Agreement to be carried
out and performed in a good and workmanlike manner.
D. Survey -. Properly place and install any lot, block or other monuments
required by State Statute or City Ordinance.
E. Preservation. Execute and record the Preservation Easement and provide proof
of recording prior to issuance of occupancy permits by National Regency of New Berlin,
Inc., in the form attached hereto, made a part hereof and marked Exhibit “H.”
F. Ch.&,. Furnish to the Building Inspector and the City a copy of Exhibit “C” showing the
street grade in front of each building, the finished yard grade, the grade of all comers of
the parcel, and grades of the buildings on adjoining parcels, where applicable, as existing
and as proposed.
C. I . Restricts parcels so that no structure of any kind which exceeds a height
of 2-112 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.
H. Sump Pump Connech. The Developer shall furnish to the Plumbing lnspector of the
City a copy of storm drains and clean out locations in the form attached hereto and made
part hereof and marked Exhibit “I” showing the locations of connections whereby sump
pump drains can be connected where applicable to the storm sewer system. The ends of
each line shall have a clean out in conformance with the City Standard Details.
1. StreetLiehts. Install street lights at all entrancelexit points to the Development at
Developer’s Expense.
J. &I&. Submit to the City valid copies of all agency permits including the Wisconsin
D.N.R. and U.S. Army Corps of Engineers before conshuction commences and prior to
any pre-construction meeting.
K. Sewer Extension. (a) The City of Muskego has, pursuant to the provision of
Chapter 21 of the City Code, granted the Developer one hundred twenty five (125)
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 Developer
in all phases of this development. Developer is using sixty-four (64) of the above-noted
Muskego Rcgency Developer’s Agreement Page 7
REC’s in the phase of development to be initially build 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 sixty-one (61) REC’s of capacity available for future phases
ofthe development referenced in this Developer’s Agreement.
(b) The remaining sixty-one (61) REC’s of capacity shall automatically terminate and the
allocation of said capacity shall cease to the extent that said sewer extension is not
certified, by a representative appointed by the City to make said certification, to be
completely constructed and approved within four (4) years of the execution of the present
Developer’s Agreement.
(c) The Developer may, within the four year period referred to above, request that the
City enter into a Revised Developer’s Agreement for the extension of sewer for the
remainder ofthe 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 such Revised
Developer’s Agreemen6 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 Revised Developer’s Agreement.
(d) The Developer may request additional Revised Developer’s Agreement(s) be entered
into for subsequent phases. Any such agreements shall be subject to the same terms and
conditions as stated in subsections (a), (b), and (c) above.
(e) Notwithstanding any of the above provisions, all unused sewer capacity granted to the
Developer as referenced in this Agreement shall automatically terminate and the allocation
of said capacity shall cease on the 2lst day of December, 2002.
L. .. . Execute and record the Declaration of Restrictions and
provide proof of recording simultaneous with the execution of the Agreement in the form
attached hereto, made a part here and marked Exhibit J.
SECTION VI. GUARANTEES
The Developer shall guarantee the sanitary sewer mains, watermains, surface water drainage
improvements, acceleration and deceleration lanes on C.T.H. Y (Racine Avenue) and Woods Rood,
and all other improvements described in Section 1, Items A, B, C, and D, hereof, against defects due to
faulty materials or workmanship provided that such defects appear within a period of one (I) year
from the date of dedication and acceptance. The Developer 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 situations.
Muskcgo Regency Developer‘s Agreement Page 8
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, Developer 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 ofthis Agreement as
stated above by any party or parties. The Developer 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 Development and give the City evidence of
the same upon request by the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS
The Developer 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 interest in the Development. Further, that
the sale of the parcel shall not release the Developer from completing the work in the attached
Exhibits.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION
As and when the Developer shall have completed the improvements herein required, and shall -
e dedicate the same to the City as set forth herein, the same shall be accepted by the City if said
improvements have been completed as required by this Agreement and as required by applicable City
ordinances and other applicable law and approved by the City Engineer, City Finance Committee and
Common Council.
SECTION X. EROSION CONTROL PLAN AND PERMIT
The Developer 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.
SECTION XI. CONSTRUCTION PERMITS, ETC.
I, The City shall, within its authority, issue such permits, adopt such resolutions, and execute
such documents as may be necessary to permit the Developer to consmct the
improvements in accordance with the plans and specifications called for by this
Agreement, upon Developer’s compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations; and the City shall cooperate with
the Developer in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
2. The Developer shall be authorized to proceed with construction of improvements and
buildings providing compliance with the terms and conditions of Ordinance 872 as it
currently exists or as modified or amended in the future.
Muskego Regency Developer’s Agreement Page 9
3. The City shall, as a condition of the Developer executing this Agreement, make available
to the Developer or their nominee successors or assigns, building permits for the
construction of buildings upon execution of this Agreement and subject to the provision of
Section XI. 2 and Section MI.
SECTION XU. BUILDING AND OCCUPANCY PERMlTS
It is expressly understood and agreed that no construction for any buildings shall proceed
above proposed surface grade elevation until the City Engineers have determined that all erosion
control facilities and surface water drainage detention facilities are sufficiently complete as to prohibit
downstream siltation and discharge greater than pre-development levels. It is further understood and
agreed that no Occupancy Permits for any buildings shall be issued until the City’s Engineers have
determined that the following conditions have been satisfied for that portion of the Development:
A. The sanitary sewer, water and surface water drainage facilities required to serve the
portion of Development for which occupancy permits are requested is connected with an
operational system as required therein, and
been installed. (See Section I.A. I .)
B. The Building Inspector verifies that the installation of the parking and drive areas have
C. The recording of the Preservation Easement (Exhibit H).
D. Cleaning of storm sewer system completed (See Section I.B.5).
E. Video tape of sanitary sewer system completed. (See Section I.D.4).
F. Lot grades shall conform to the Master Grading Plan (See Section 1.B.4).
G. 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 GUARANTEE
A. hr of Cre&
Prior to the execution of this Agreement by the City, the Developer shall file with the City a
Letter of Credit setting forth terms and conditions approved by the City Attorney in the
amount of $478,421 as a guarantee that the required plans, improvements, and approval will
be completed by the Developer 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 Development are satisfied.
City will give Developer at least 15 days prior written notice via Certified Mail of a material
defect in construction of the improvements in accordance with this Agreement before drawing
on said Letter of Credit provided that the City can do so and still have a reasonable time to
draw on the Letter of Credit.
Murkego Regency Developer’s Agreement Page IO
B.
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 Developer’s Agreement.
c. p
The Developer 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 XIV.D).
D.
The Developer 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 ofthe
Finance Committee (See Section XIV.C).
SECTION XV PARTIES BOUND
The Developer, its successors, heirs, and assigns shall be and are bound by the terms of this
agreement, a short form of which shall be recorded pursuant to this paragraph, and its terms and
conditions shall be covenants running with the land which is legally described on Exhibit “K” which is
attached hereto and made a part hereof; ifthe improvements required by this agreement including, but
not limited to, surface water drainage, water system, sanitary sewer, roads and streets, and other
similar improvements are not made by the owners of this property as required by the Developer’s
Agreement and if no earlier time limit is stated in this Agreement within 36 months of execution of
this Agreement andlor are not maintained in a reasonable manner, the City may specially assess and/or
specially charge all of the owners of the propeq described on Exhibit “A” the cost of making and/or
maintaining said improvements and the City, its agents, employees, and/or contractors are granted and
shall have the right to enter on the lands described in Exhibit “A” so as to make and/or maintain said
improvements. This entire Agreement shall run with the land as a deed restriction.
SECTION XVI. ASSIGNMENT
Developer shall not assign this Agreement without the written consent of the City.
SECTION XVII. AMENDMENTS
The City and the Developer, by mutual consent, may amend this Agreement by written
agreement between the City and the Developer.
Muskcgo Regency Developer’s Agreement Page I1
0 IN WITNESS HEREOF, Developer 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.
Developer: National Regency of New Berlin, Inc.
Daniel P. Blask, President
BY:
Donald W Fundingsland, Secretary
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , 1996, the above named
Daniel P. Blask, President, and Donald W Fundingsland, Secretary, of National Regency of New
Berlin, Inc., to me known to be the persons who executed the foregoing instrument and, and to me
known to be such President and Secretary of said corporation, and acknowledged that they executed
the foregoing instrument as such officers of said corporation by its authority.
Notary Public - State of Wisconsin
My Commission Expires
Muskego Regency Developer’s Agreement Page I2
City of Muskego:
BY:
David L. De Angelis, Mayor
BY:
Jean Marenda, City Clerk
STATEOF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , 1996, 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 who 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 ,
1996.
Notary Public - State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Developer’s Agreement for
National Regency of New Berlin, Inc., development of the northeast comer of Woods Road and
Racine Avenue in the City of Muskego, Wisconsin, as entered into on the __day of , 1996,
by and between National Regency of New Berlin, Inc., and the City of Muskego, pursuant to the
authorization by the Common Council from their meeting on the - day of , 1996.
Jean K. Marenda, City Clerk
City of Muskego, Wisconsin
g:\docsleg_rr\murkego\ciry-mur\dev-agr.doc
Public Improvement Cost Breakdown
Indicate the cost of each public improvement to be installed. List amounts for each category and
subcategory 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.
4EI2m.d
B Beaudoin
SS Sunnyslope
R Rawson
RM RuekeNMielke mt - Totals
1, Road Construction Acceleration/Deceleration
SS a. Excavation to subgrade 2,000
B b. Stone base material 3,226
B c. Bituminous base course pavement 4.348
B d. Bituminous surface course pavement 2,244
e. Concrete pavement
f. Other
Total S 13.798
RM g. Engineering inspections 1.980
2. Site Grading - Landscaping
a. Lot grading
R b. Drainage ditch construction 7.500
SS c. Retention pond construction 36,410
0 d. Parking area construction including pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
SS g. Erosion control 15,600
RM h. Engineering inspections 1,035
i. Other
Total S 60,545
3. Topsoil, SeedinglSodding
SS a. Road ditch area Woods N. Ditch 5,333
R c. Drainage ditches 5,200
b. Terrace areas - in R.O.W.
SS d. Retention ponds
RM f. Engineering inspections 720
e. Areas as specified by City
g. Other
Total S 11,253
4. Concrete Improvements
B a. Curb 8 gutter
b. Sidewalk
c. Boulevardltraffic islands .e RM e. Engineering inspections
d. Ditch inverts
f. Other
Total
1.974
12.640
5,160
S 19,774
5. Sanitary Sewer System
a. Mains, risers 8 manholes 100,932
b. Laterals 15,400
c. Dumping station 8 generator
d. Force main
e. Grinder pumps 8, chamber - individual dwelling
RM f. Engineering inspections
..
g. Other
Total
6. Water Main System
R a. Mains, valves, 8 rnanhcles
R b. Hydrants 8 leads
R c. Water services
d. Well 8 pumphouse
f. Other
Total
RM e. Engineering inspections
7 Storm Sewer System
R a. Mains 8 manholes
b. Catch basins 8, leads
c. Culverts
d. Drain tile
R e. Headwallsldischarge structures
RM f. Engineering inspections
g. Other
Total
8. Special/Miscellaneous Improvements 8 Retainage
RM a. Street lights
b. Street signs
RM c. Signs as specified by Ciry
RM d. Erosion contr0lNegeta:ion retainage
e. Other
Tots1
9. Fees
RM a. City administration
b. Engineering inspections - See each Section
(Required for all Letters of Credit)
RM c. Engineering ~ as built drawings for W.S.
RM d. Legal
e. Land acquisition
f. Other
Total
TOTAL PROJECT ESTIMATE
14,120
S 130,452 Water System
Improvements lnstzlled
on Behalf of the Citv
115.961 12.754
28,050 3.300
35,000 2.400
11,880
1,250
9.960
S 22.508
1,000
150
15,600
N/A
S 16.750
1,600
See each section
8.850
2.000
ote: At time of submittal of the Letter of Credit, the developer, as per Section 10.8 of the Land
Division Ordinance, shall submit an administrative fee of $75 plus S50 per public
category; excepting the categories of SpeciaVMiscellaneous Improvements and Fees.
(Categories 8 8 ‘I)
Swlk: BOMKUS 44
Telex Nurnner 673?$43 -
Answer Ea&: BANK ONE. Fax: 41Pi65-3440
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.......... ." " ... ."
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.ZONE -
Telex Number 6733943
Swill: EOMKUS 44
Answer Back: BANK ONE
Fax: 414-765-3440
ORiGlNAl