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CCR1996190AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #190-96 APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT FOR CHAMPIONS VILLAGE ADDITION NO. 1 OF COUNTRY CLUB VILLAGES WHEREAS, a Final Plat was submitted on November 3, 1995 for the 40-lot Champions Village Addition No. 1 of Country Club Villages Subdivision in the SW 1/4 of Section 25; and WHEREAS, the Preliminary Plat was approved in Resolution #113-93; and WHEREAS, the Plan Commission has recommended approval; and WHEREAS, the Subdivider's Agreement has been received for Champions Village Addition No. 1 of Country Club Villages, 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 40-lot Champions Village Addition No. 1 of Country Club Villages Subdivision in the SW 1/4 of Section 25, subject to approval of the City all fees as provided in Section 18.14 of the Land Division Engineer and all objecting and approving agencies, and receipt of Ordinance. BE IT FURTHER RESOLVED that the Subdivider's Agreement for attached, is hereby approved subject to approval of the City within thirty (30) days of the date of approval of this Attorney and City Engineer, all of said approvals to be obtained Resolution or the same will be null and void. BE IT FURTHER RESOLVED that a Letter of Credit or cash deposit agreement is required subject to approval of the City Attorney and technical changes to the Subdivider's Agreement. BE IT FURTHER RESOLVED that approval of this Resolution is subject to passage of Ordinance #901-96. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City. DATED THIS 27th DAY OF AUGUST , 1996. 0 Champions Village Addition No. 1 of Country Club Villages, as SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Mark Suhr This is to certify that this is a true and accurate copy of City of Muskego. Resolution #190-96 which was adopted by the Common Council of the 8/96 jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #190-96 APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT FOR CHAMPIONS VILLAGE ADDITION NO. 1 OF COUNTRY CLUB VILLAGES WHEREAS, a Final Plat for the 40-lot Champion Villages Subdivision in the SW 1/4 of Se WHEREAS, the Prelimin esolution #113-93; and WHEREAS, the Plan Commi WHEREAS, the Subdivider Champions Village Addit attached, and the Finance Committee NOW, THEREFORE, BE IT RESOLVED th unci1 of the City of Muskego, upon t does hereby approve the Village Addition No. 1 of Coun the SW 1/4 of Section 25, sub Engineer and all objecting all fees as provided in approving agencies, and receipt of Ordinance. BE IT FURTHER RESOLVED t the Subdivider's Agreement for Champions Village Addit No. 1 of Country Club Villages, as attached, is hereby app within thirty (30) da Attorney and City Eng Resolution or the same will be null and void. BE IT FURTHER RESOL,ED J that approval of this Resolution is subject to passage of Ordinance #901-96. lan Commission, BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City. i DATED THIS DAY OF , 1996. I SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Mark Suhr This is to certify that this is a true and accurate copy of Resolution #190-96 which was adopted by the Common Council of the City of Muskego. 8/96 jmb Clerk-Treasurer 3 BURKE PROPERTIES August 22, 1996 Mr. Matthew Sadowski City of Muskego W182 58200 Racine Avenue Muskego, WI 53150 Via Hand Delivery Dear Matt, Champions Village Addition No. 1 which reflects changes requested I have enclosed a revised draft of the Subdivider's Agreement for by the Planning Commission. As we discussed today on the phone, I am very concerned that the as-built plans for the subdivision have not been submitted to the Milwaukee Metropolitan Sewerage District. discovered that the plans were not submitted in June their should Now that we have be some urgency to submit them. Please find out what is causing possible. this delay by the City's Engineers and get back to me es soon as Thank you in advance for your prompt attention to this matter. Very Truly Yours, - " -/I Bernhardt cc: Paul Votto Scott Krause SUBAGRMT-8/23/96 SUBDIVIDER'S AGREEMENT FOR CHAMPIONS VILLAGE OF COUNTRY CLUB VILLAGES A Phased Development of Residential, Commercial and Recreational Muskego Lakes Country Club Located In the City of Muskego, Facilities and Amenities Adjacent To And Within the Confines Of Wisconsin. THIS AGREEMENT, made this day of August, 1996, by and between THE VILLAGESAT MUSKEGO LAKES PARTNERSHIP, hereinafter called the "SUBDIVIDER", and the CITY OF MUSKEGO, WISCONSIN, a municipal corporation, of the State of Wisconsin, located in Waukesha County, hereinafter called the "CITY". WITNESSETH: WHEREAS, the ''SUBDIVIDER'' wi-ll be develo-ping and shall submit to the City, various plats of "Villages" to be incorporated into a Development to be known as COUNTRY CLUB VILLAGES, being, in concept, a Planned Unit Development approved by the CITY of Muskego, (hereinafter referred to as the DEVELOPMENT); and, WHEREAS, the SUBDIVIDER has submitted for approval by the CITY, a proposed Final Plat for Champions Village Addition No. 1, to be known as "CHAMPIONS VILLAGE", a boundary description of which is attached hereto as Exhibit "A" (hereinafter referred to as the "SUBDIVISION" and 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 (June -, 1996); and WHEREAS, Section 236.13 of the Wisconsin Statutes provides that, as a condition of the 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 streecs, alleys or other ways within the Subdivision, to be conditioned upon the construc- tion of said improvements according to municipel specifications without cost to said municipality; and WHEREAS, the CITY’s engineers, the CITY’s Public Works Committee, Public Utility Committee and Finance Committee have duly approved, contingent upon 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 Plat of CHAMPIONS VILLAGE ADDITION NO. 1, contingent upon the execution and performance of this Agreement by the SUBDIVIDER. NOW, THEREFORE, in consideration of the covenants herein con- tained, the parties hereto agree as follows: SECTION I. IMPROVEMENTS The SUBDIVIDER, entirely at its expense, shall: A. Roads and Streets 1. Grade and improve all roads and streets in Champions Village Addition No. 1, a part of Country Club Villages, (the DEVELOPMENT), in accordance with the plat of said sub- division and the plans and specifications attached hereto, made a part hereof and marked Exhibit “B”, all in accord- ance with the City’s street specifications. B. Surface Water Drainage and Master Grading Plan 1. SUBDIVIDER shall construct, install, furnish and provide facilities as approved by the City Engineer and Public Works Committee for storm and sueace 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 marked Exhibit “C“ . specifications attached hereto, made a part hereof and a) The SUBDIVIDER shall clean all storm sewers prior to issuance of building permits and acceptance of the improvements by the City of Muskego. b) the CITY reserves the right to require the SUBDIVIDER to install additional storm drainage and erosion control measures prior to acceptance of improvenents 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 prop- erty to enter upon and install the above described surface water drainage system therein. 3. SUBDIVIDER shall grade and improve all lots in conformance with the Master Grading Plan attached hereto and mede a part hereof and marked Exhibit “C”. This shall include restoration of removed topsoil (if any) and establishment . grades must be verified by Subdivider‘s engineers efter of dense vegetation where required by City of Muskego. All - completion of grading to the following tolerances: All lot corners must be from exact to plus or minus two (2) inches; overall grades must be from exact to minus six (6) inches; house pads must be from minus ten (10) inches to minus twenty-two (22) inches; all swales and ditches must be graded to exactly minus three (3) inches to allow for standard finish. (See Section XII, 1, B, 6) 4. At the Subdivider's expense, and prior to acceptance of the improvements and the issuance of building permits by the City, (not including model homes which are governed by a separate section within this Agreement) all storm sewers shall be cleaned. C. Water 1. SUBDIVIDER shall construct, install, furnish, and provide a complete community well system of water supply and distribution for Champions Village, as approved by the City Engineer, Public Utility Committee and other appropriate governmental agencies. Said water distribution system attached hereto as Exhibit "D". Said water supply system shall be in accordance with the plans and specifications shall be in accordance with plans and specifications to be submitted and approved, prior to construction of said appropriate governmental agencies. The SUBDIVIDER shall system, by the City Engineer, Public Utility Committee and furnish "as built" plans of the entire system, including hydrant and valve locations and locations and elevations of built" plans shall be paid by the SUBDIVIDER. Said laterals to lot lines. The cost of the preparation of "as- facilities are referred to as "Water Facilities" herein and specifically include well site property(ies) and all other property and easements and other property interests necessary to operate, repair, construct or reconstruct the water system. 2. The CITY shall furnish the SUBDIVIDER such permits or easements as may be required in any public street or public property to enter upon and install the above described water system therein. 3. SUBDIVIDER shall complete, to the satisfaction of the City water system prior to connection of any residence to the Engineers, any remaining punch list items concerning the water system. 4. SUBDIVIDER and its successors and/or assigns shall operate and maintain the wells and water distribution system for Champions Villaqe as required by the City Utility and any applicable governmental agencies. The cost of operating and mainteining such facilities, including provisions for reasonable reserves and depreciation of facilities, shall be determined and levied against those lots which are improved with dwellings as per the Covenants and Restric- e 5. I 6. I I tions and Water Trust for Champions Village and Country Club Villages. SUBDIVIDER shall, upon completion of the system, furnish and provide the CITY with a complete summary of the actual construction costs for such system of water supply and distribution broken down in sufficient detail to satisfy the requirements of the Public Service Commission of the base. State of Wisconsin in establishing or revising a rate SUBDIVIDER shall furnish well test data and other infor- mation required by the Wisconsin Department of Natural Resources, the Wisconsin Public Service Commission and the City of Muskego. well(s), water mains and water laterals to be installed by The following special provisions shall apply to the the SUBDIVIDER pursuant to this agreement: (a) To the extent necessary, the CITY shall grant a to the Water Facilities, or to a Trust which shall franchise to the SUBDIVIDER, its successors in title hold legal title to said facilities for the benefit of all owners of lots within the subdivision, to operate a private utility to serve the subdivision; provided however, that the2ates and service charges produce any return upon the initial capital costs of such utility shall be formulated soas not to of installing the Water Facilities. (b) The CITY shall have an indefinite option to require transfer of the Water Facilities, without consider- ation to SUBDIVIDER, or their successors in title to the Water Facilities, or any property owner, as of the end of any calendar month upon at least thirty any municipal, intermunicipal, or metropolitan water (30) days prior written notice by the public owner of system, including the City of Muskego, either alone or in cooperation with other municipalities or any statutory water district. (c) The CITY grants to the SUBDIVIDER, and to its suc- cessors in title to the Water Facilities, a perpetual right and easement under all dedicated public streets and repair of the Water Facilities. SUBDIVIDER, or in the subdivision for the installation, maintenance its successors in title to the Water Facilities, in connection with any such maintenance and repair work, shall erect suitable, lighted barricades; shall repair, restore and rebuild as necessary all streets . and other public improvements located in dedicated streets which may be opened, demaqed or removed in D. E performing such work; and shall indemnify the CITY and its agents, consultants and employees of each, and hold them harmless against ell loss, damage claims and expenses to or by any third party as a result of such work performed within the right-of-way of a public street. (d) The CITY shall, at all times, heve the right to draw water from said system through tie fire hydrants municipal purposes, without charge to the CITY. provided therefor, for fire-fighting and other (e) The SUBDIVIDER, and its successors in title to the Water Facilities, agrees to preserve and maintain the water capacity of the well(s) and pumping facility (ies) measured in terms of the Wisconsin Department of Natural Resources, or other povernmental agency(ies), flow requirements end the requirements of the CITY Utility, to satisfactorily serve the lots in the subdivision. Sanitary Sewer 1. SUBDIVIDER shall construct, install, furnish and provide a the entire Subdivision as approved by the City Engineer complete sanitary sewerage collection system throughout and the Public Utilities Committee, ell in accordance with the plans, specifications and drawings attached hereto as Exhibit "E". The cost 'of preparation of as-built plans shall be paid by the SUBDIVIDER. 2. The CITY shall furnish the DEVELOPER such permits or ease- ments as may be required by any public streets or public property to enter upon and install tne above described sewerage system therein. 3. SUBDIVIDER shall complete, to the satisfaction of the City Engineers, any remaining punch list item concerning the to the sanitary sewer system. Sanitary Sewer System prior to connection of any residence 4. The Subdivider shall televise the senitary sewer system, repair any defects as determined by the City Engineer, supply video tape to the City of Muskego, and clean all and acceptance of the improvements by the City. (See sewer lines prior to the issuance of building permits Section XII,l, b, 5) Landscaping 1. SUBDIVIDER shall preserve existing trees outside of the public right-of-way wherever practicel, when installing the Subdivision improvements. 2. SUBDIVIDER shall remove and lawfully dispose of: (a) all old barns and out-buildings; (b) destroyed trees, brush, tree trunks, shrubs and other natural growth and; (c) all rubbish. 0 3. SUBDIVIDER shall plant street trees in accordance with Resolution #P.C. 101-93. Section 18.0913 of the Muskego Land Division Ordinance and F. 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 Building Inspection Department and in accordance with the plans and specifications attached hereto as Exhibit "F" which must also be 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 time as turf cover is established in the Subdivision. No fences shall be maintained by the SUBDIVIDER until such grading shall occur without a two (2) day notice to the CITY. 3. Mulching, seeding and/or sodding of all disturbed areas to comply with Chapter 29. 4. The Subdivider is responsible for obtaining Erosion Control Permits for'the site ~foi"control1ing erosion on obtaining a separate erosion control permit at the time the site and each individual lot owner is responsible for any vegetation is disturbed and are responsible for controlling erosion on their lot. 5. Five Thousand Dollars ($5,000.00) from the Developers Deposit Section XIV), shall be retained until adequate vegetation is established as determined by the Building of Five Thousand Dollars ($5,000.00) is allowable upon Inspection Department. A reduction of fifty percent (50%) verification that fifty percent (50%) of disturbed areas are vegetated. If, upon written notification of within five (5) days, the City may utilize up to Five noncompliance with Chapter 29, the items are not corrected Thousand Dollars ($5,000) of the Developer's De;?osit to correct the items of non-compliance. From time to time to cover the cost of maintenance as deemed appropriate by additional funds may be required in the Developers Deposit the Department. G. Bike Path 1. The Subdivider is responsible for construction of a asphalt path and/or boerdwalk which will provide access to and from the bike peth to be constructed to and over the Wisconsin Electric right of way. The design and location of the path will be subject to the prior approval of the City of Muskego. SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section I above shall be completed by the SUBDIVIDER and his subcontractors in total within one (1) year from the signing of this Agreement. The final surface course pavement shall be deferred until such time as ninety-percent (90%) of the homes within the subdivision have been completed or thirty-six (36) months after installation of the first lift of asphalt, whichever occurs first. If the final surface course of pavement or any other improvement is not completed within twelve (12) months of the date of this Agreement, the Subdivider shall extend the Letter of Credit, in form acceptable to the City, until such time as the final surface course of asphalt pavement and all other improvements have been the Letter of Credit prior to completion of the final surface completed. If the City receives notice of the intent to terminate course of asphalt pavement and all other improvements, such notice shall be considered a failure to complete the improvements in accordance with this Agreement and shall entitle the City to immediately draw against the Letter of Credit for such completion. SECTION 111. DEDICATION - :e,, 0 Subject to all of the other provisions of this Agreement, SUBDIVIDER shall, without charge to the CITY, upon completion of grant, convey and fully dedicate the roads and streets, sanitary the above described public improvements, unconditionally give, those facilities which are to be owned and maintained by the sewers, storm and surface water drainage facilities (excluding Homeowners Association(s) as illustrated in Exhibit "A" and as described in the "Deed Restrictions"), to the CITY, its successors and assigns, forever, free and clear of all liens and encumbrances whatsoever, together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, machinery, plants, equipment, appurtenances and hereditaments which may, in any way, be a part of or pertain to such public improvements, together with any and all necessary easements for access thereto. The CITY will be receptive to the dedications of said improvements, except for roads and surface water drainage facilities, after the first lift of bituminous concrete pavement has been installed and when all said utilities are completed and approved by the City Engineers and other agencies as applicable. SECTION IV. INSPECTIONS AND ADMINISTRATION FEES SUBDIVIDER shall pay and reimburse the CITY in advance of the CITY'S Land Division Ordinance and at times specified therein but signing of this Agreement, in accordance with Section 18.14 of the in any event no more 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 accept- ance of the improvements covered by Section I, including, without paring, checking and review of designs, plans and specifications; limitation by reason of enumeration, design, engineering, pre- pliance with the applicable plans, specifications, regulations supervision, inspection to insure that construction is in com- and ordinances; legal, administrative and fiscel 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 be satisfied. SECTION V. MISCELLANEOUS REQUIREMENTS A. B. C. D. E. The SUBDIVIDER shall: Easements: Provide any easements on SUBDIVIDER’S land deemed necessary by the City Engineers prior to the Final Plat being signed, provided such easements are along lot lines or to the rear of lots, and are not any more restrictive to the building of homes beyond the applicable sideyard and offset distances required by the zoning for such lots. Street Signs: Reimburse the CITY for the cost of all street signs, traffic signs and-posts, inci’hding the cost of their installation except for such street and other signs approved by the CITY, installed by the SUBDIVIDER and subsequently made the responsibility of the Subdivision Maintenance Association. 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 Village of Country Club Villages in the form attached hereto, provide proof of recording prior to sale of lots in Champions made a part hereof and marked Exhibit “G-1”. The deed restrictions shall also contain the following language: “Each lot owner must strictly adhere to end finish grade his office of the SUBDIVIDER and the office of the CITY Building lot in accordance with the Master Grading Plan on file in the The SUBDIVIDER and/or the CITY and/or the qents, employees or Inspector unless a change is approved by the City Engineer. independent contractors shall have the right to enter upon any . lot, at any time, for the purpose of inspection, maintenance, - and/or correction of any drainage conditior! and the Property Owner is responsible for the cost of same." (See Section Covenants and Restrictions for Champions Village of Country 11.7.- "Construction Standards", Schedule A - Declaration of Club Villages) F. Grades: Furnish to the Building Inspector of 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 corners of the lot, and the corner grades of the buildings on adjoining lots, where applicable, as existing and as proposed. Lot grades shall be in compliance with specifications as expressed in Section I, B, 3 of this Agreement. G. 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) F & G of the Zoning Ordinance. 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 "H" 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. " ~.L I. Declaration of Restrictions: Execute and record Declaration of Restrictions in the form attached hereto and made a part hereof and marked Exhibit "I". J. Street Lights: Install street lights in accordance with Section 18.60 of the City's Land Division Ordinance. K. 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. L. Reimbursement for Offsite Sanitary Sewer: Should the SUBDIVIDER install or make available, outside of the normal constructs servicing the Subdivision, sanitary sewers to service properties outside of the Subdivision, the CITY hereby agrees to reimburse the SUBDIVIDER/DEVELOPER, within thirty (30) days of final approval of this improvement by the City Engineer and within thirty (30) days of submittal of an itemized bill for installation of said improvements, whichever occurs last, the full cost of such improvenents. 0 M. Reimbursement for Offsite Improvements: Should the DEVELOPER install or make availzble outside of the norms1 constructs 0 N. servicing the Subdivision, any public improvements to service properties outside of the Subdivision, the CITY hereby agrees to reimburse the DEVELOPER, within thirty (30) days of final approval of such improvements by the City Engineer and within thirty (30) days of submittal of an itemized bill for installation of said improvements, whichever occurs last, the full costs of such improvements. Sewer Extension Permits: The CITY has granted six-hundred between the CITY and the SUBDIVIDER, including Subdivider's (600) sewer extension permits pursuant to the Agreement successors and assigns, entitled "Petition for Improvements and Agreement Regarding Special Assessments" dated February 3, 1992, as amended. Said sewer extension permits shall be governed by said Agreement executed by the CITY and the SUBDIVIDER which is made a part of this Agreement by reference. Sewer extension permits in this case are similar to RECs referred to in said Agreement. SECTION VI. GUARANTEES The SUBDIVIDER shall guarantee the public roads and streets, sanitary sewers, surface water drainage improvements and all other improvements described in Section I, items A, B, C, D, & G 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 by the CITY. The SUBDIVIDER shall pay for any damages to-CITY proper:y resulting from such 0 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. 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 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 above by any party or parties. The SUBDIVIDER shall also name as independent contractors growing out of this Agreement as stated additional insureds on its general liebility insurance the CITY, its officers, agents, employees and any independent contractors give the CITY evidence of the same upon request by the CITY. hired by the CITY to perform service as to this subdivision and SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS The SUBDIVIDER agrees that, in eddition to the CITY'S rights herein, the provisions of this Agreernent shell be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision and that the sale of any lot or parcel shall not release the Subdivider from the obligation to complete the work on the attached exhibits. SECTION IX. ACCEPTANCE OF WORK AND DEDICATION As and when the SUBDIVIDER shall have completed the improvements herein required, and shall dedicate the sane to the CITY as set forth herein, the same shall be accepted by the CITY if said as required by applicable CITY ordinances and other applicable law improvements have been completed as required by this Agreement and and approved by the City Engineer, City Finence Committee and Common Council. SECTION X. EROSION CONTROL PLAN AND PERMIT The SUBDIVIDER shall submit to the CITY, en epplication for a with the requirements of Section 29.06 of the CITY'S Erosion Land Disturbing Permit and an Erosion Control Plan in accordance begin until said permit has been received from the City of Muskego Control Ordinance (Ord. #560). No construction or grading may SECTION XI. CONSTRUCTION PERMITS, ETC. 1. The CITY shall, within its authority, issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit SUBDIVIDER to constract the improvements in accordance with the plans and spzY2ifications called for by this Agreement, upon SUBDIVIDER'S compliince with any deposit provisions or other requirements of the zpplicable ordinances or regulations; and the CITY shall cooperate with the SUBDIVIDER in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. e 2. The CITY shall, as a condition of the SiiaDIVIDER executing this Agreement, make available to the SUBDIVIDER or its nominee successors or assigns, building permits for the provisions of Section XII. construction of single family residences subject to the SECTION XII. BUILDING AND OCCUPANCY PERMITS 1. The SUBDIVIDER shall be allowed to obtein six (6) building permits for the construction of no more the3 six Model Homes, including a sales center. Permits shall be issued for such "Model Homes" until the a. It is expressly understood ana agreed that no Building Building Inspector verifies that the insizllition of the first lift of asphalt has been installed to the ferthest lot line of lots containing such model homes and seles center. b. It is further understood and agreed that no Occupancy I Permits shall be issued for such Model Homes, or any other homes, until such time as: 1) The City Engineer has verified that sanitary sewer, community water, surface water drainage facilities and other utilities required to serve such homes have been fully installed and are connected with an operating system as required herein and, 2) The City's Building Inspector verifies that the installation of the first lift of asphelt has been installed to service such homes and, 3) All required signatures have been obtained on the Covenants and Restrictions and same are filed with the CITY and other proper authorities (Exhibit "c"'). 4) Cleaning of the Storm Sewer System hes been completed in accordance with Section I, B, 4 and, 5) Video Tape of the Sanitary Sewer Systen has been completed in accordance with Section I, B, 3. unless otherwise authorized by the Planning Director. 6) Negative Balance in Developer's De2osit is satisfied 2. The SUBDIVIDER (or assignees) shall be allowed to obtain building permits and begYXconstruction of homes up to six (6) months prior to the estimated time of completion of the City's sanitary sewer system and lift station and connection to the distribution system as estimated by the CITY'S engineers, under sewer system within the development; and the private water the following conditions: a. The sanitary sewer, community water end surface water drainage facilities and all other utilities required to serve such homes within the Development have been fully the City's operating system when completed and as installed, are operable and/or ready for connection to required herein and, b. The Building Inspector verifies that the installation of the first lift of asphalt has been installed in the entire platted phase of development end, c. All required signatures have been obteined on the Coven- ants and Restrictions (Exhibit "G") end, io d. Written evidence of the permittee's and/or owner(s)'s of Permit will be issued until and unless the sanitary sewer, record understanding and agreement thet no Occupancy utilities necessary to service such homes have been fully community water, surface water drainace and all other installed and are connected with an operating system as City's Building Department concurrent with the application required herein and such evidence is delivered to the for such Building Permit (Exhibit "J") and that the provisions of Section XII, 1, b, 2, 3, 4, 5, 6 and 7 have been complied with. SECTION XIII. GENERAL CONDITIONS AND REGULATIONS All the provisions of the CITY'S ordinances as well as the Agreement between the CITY and the SUBDIVIDER, including Subdivider's successors end assigns, entitled "Petition for Improvements and Agreement Regarding Special Assessments" dated February 3, 1992, as amended, 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, unless previously amended and/or voided by other Agreements between the CITY end the SUBDIVIDER. 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 and Agreement. SECTION XIV. FINANCIAL C-UARWTEE A. CASH DEPOSIT: Prior to the execution of this Agreement by the City, the SUBDIVIDER shall place Ten Thousand One Hundred and Twenty Five Dollars ($10,125.00) with the-City as a gzarantee that the required plans, improvements, end approvels will be completed by the SUBDIVIDER and his subcontractors no later than one (1) year from the signing of the Agreement, except that, if the City fails to complete construction of the necessary sewerege collection and lift allowed ninety (90) additional days beyond the date of such station system within this time period the SUBDIVIDER shall be completion or, if during a time of year when excavation or such construction is impossible cue to weather, as determined by the City Engineer, ninety (90) days after such construction becomes possible, to comply with the provisions contained herein and es a further guarantee that e11 obligations to the subcontrectors for work on the Subdivision ere satisfied. The CITY and the SUBDIViDER agree that the Letter of Credit deted June 27, 1995 increased by the amount stated above will be used to guarantee the performence of the SUBDIVIDER for both Phase I and Phase IA of Country Club Villages. B. Invoices addressed in the Letter of Credit, but attributable to the subject Invoices documenting public improvements sdaressed and not development shall be provided to the CITY at the time of signing of the Subdivider's Agrement. 0 C. Release of Funds From Letter of Credit the Finance Committee accompanied by: Request for Amendment to The SUBDIVIDER shall provide the CITY with a written request to release is being requested, breakdown of invoices in format of Letter of Credit form, invoices for work completed for which a . Public Improvements 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 recommenda- tion of the Finance Committee (See Section X1V.C.) SECTION XV. PARTIES BOUND SUBDIVIDER, or its assigns, and the CITY shall be bound by the terms of this Agreement, or any part herein, fis it applies to any phase of the development of Champions Villhge of Country Club Villages. SECTION XVI. ASSIGNMENT SUBDIVIDER shall not assign this Agreement without the written consent of the CITY. SECTION XVII. AMENDMENTS " ~ Any amendments to this Agreement or Exhibits shall be approved by the Common Council and shall be made part of this Agreene2t. IN WITNESS WHEREOF, SUBDIVIDER AND THE 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. SUBDIVIDER: CITY OF MUSKEGO: THE VILLAGES AT MUSKEGO LAKES, PARTNERSHIP a .. . BY: BY Scott F. Krause, President David De Angelis, Mayor . Country Club Villages, Inc. BY: BY Paul Votto, Member Lakeside Villages, LLC Jean Ferenda, City Clerk STATE OF WISCONSIN 1 \ WAUKESHA COUNTY ) Personally came before me this day of I19- the above-named Scott F. Krause and Paul Votto, partners in the Partnership, to me known as the parties who executed the foregoing instrument and acknowledged the same as representatives of the SUBDIVIDER. Notary Public, Waukesha, WI Fy Commission Expires: STATE OF WISCONSIN ) WAUKESHA COUNTY ) ) Personally came before me this day of 19- the above named David DeAngelis, Mayor ana Jeen K. Marenda, City Clerk, of the above-named municipal corporation, CITY of Muskego, to ne known to be the persons executing the foregoing instrument, and to me known to be such Fayor 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 19 Notary Public, Kuskego, WI My Commission Expires: 0 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Champions Village of Country Club Villages, located in the City of Muskego, Wisconsin, as entered into on the day of 19 -I by and between THE VILLAGES AT MUSKEGO LAKES PARTNERSHIP, and the CITY OF MUSKEGO, pursuant to the authorization by the Common Council from its meeting on the day of I19- Jean K. Marenda, City Clerk Clerk of Muskego, Wisconsin LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M BOUNDARY DESCRIPTION & SUBDIVISION FINAL PLAT GRADING PLAN STORM SEWER PLAN WATER PLANS SANITARY SEWZR PLANS EROSION CONTROL PLAN COVENANTS AND RESTRICTIONS SUMP PUMP DRAINS & CLEANOUTS DECLP.RATIONS OF RESTRICTIONS - OPD PERMITTEE'S PND/OR 0WNERfS)'S OF RECORD AGREEMENT AND UNDERSTP~VDING AS TO OCCUPANCY PERMITS "" ". WATER TRUST ASSIGNMENT 01 RECs PERMITTEE'S AND/OR OWNER(S) OF RECORD AGREEMENT LVD UNDERSTPNDING AS TO OCCUPANCY PERMITS (WATER)