CCR1996194RESOLUTION #194-96
APPROVAL OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
VICTORIAN VILLAS
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, between
the City of Muskego and Victorian Villas subject to approval of
the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the documents on behalf of the City.
DATED THIS 21th DAY OF AUGUST , 1996.
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 #194-96 which was adopted by the Common Council of the
~ 8/96 jrnb
DEVELOPER'S AGREEMENT
0 This Agreement, made this
by and between Birdsall/Horning And Assoc., Inc. for Victorian
Villas the "Developer" and the City of Muskego, a municipal
corporation of the State of Wisconsin, located in Waukesha County,
hereinafter called the "City".
day of August, 1996
WITNESSETH
proposed amendment to the Durham Meadows Planned Development known
as Victorian Villas, 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
and Operational Plan was approved by the City Plan Commission on
in the Office of the City Clerk, for which a Final Building, Site
WHEREAS, the Developer has submitted for approval by the City a
WHEREAS, Wisconsin Statutes and the City of Muskego Zoning
Ordinance provides that as a condition of approval, the governing
body of the City may require that the Developer make and install
certain public and private improvements reasonably necessary for the
improvements to be conditioned upon the construction of said
improvements according to municipal specifications without cost to
said municipality; and
development and further, may require dedication of certain
Committee, Public Utility Committee and Finance Committee have duly
approved, contingent of certain other approvals, Developer's plans
Commission and Common Council have duly approved the final
and specifications for development improvements, and the City's Plan
development plan contingent upon the execution and performance of
this agreement by the Developer.
WHEREAS, the City's Engineers, the City's Public Works
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
Developer, entirely at its expense, shall:
A. DRIVEWAY AND BIKE PATH RIGHT-OF-WAY
1. Developer shall construct, install, furhish and
vide as approved by the City engineer and Public Works
committee appopriate driveway access and bike path in
accordance with plans and specifications attached
hereto, and made a part hereof and marked Exhibit B.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1.
2.
3.
4.
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 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 final approval
Muskego.
and/or acceptance of improvements by the City of
The CITY shall furnish to the Developer such permits
or easements as may be required in any public street
described surface water drainage system therein.
or property to enter upon and install the above
with the Master Grading Plan attached hereto and made
Grade and improve all disturbed areas in conformance
a part hereof and marked Exhibit "C". Restore with
topsoil and seed. Establish dense vegetation. All
grades must be verified by Developer's Engineer after
completion with the following tolerances: All lot
corners must be from exact to plus or minus two (2)
inches. Overall lot grades must be from exact to
minus six (6) inches. House pads from exact to
minus twelve (12) inches. All swales and ditches must
be graded to exactly minus three (3) inches to allow
for standard finish. (See Section XI1,F.)
At Developer's expense, and prior to acceptance of
improvements and the issuance of building permits by
the City, all storm sewers shall be cleaned (See
Section XI1.D).
1. Developer shall construct, install, furnish, and
provide a complete system of water supply and
distribution, throughout the entire Development, as
approved and in accordance with the plans and
specifications attached hereto as
Exhibit "D" and in compliance with all State, County
and local regulations.
2. 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.
3. Any water used from hydrants shall be metered and a
permit taken out through the CITY OF MUSKEGO.
D. SANITARY SEWER:
1. Developer shall construct, install, furnish, and
provide a complete 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 asbuilt 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
connection of any residence to the sanitary sewer
systems.
4. The Developer shall televise the sanitary sewer
Engineer, and supply video tape to City of Muskego, and
system, repair any defects as determined by the City
clean all sewer lines prior to the issuance of building
permits, except for model homes, and acceptance of
improvements by the City (See Section X1I.E).
E. LAHDSCAPING:
1. Developer shall preserve existing trees outside of
the public right-of-way 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;
completed prior to 2nd building occupancy permit being
(c) and all rubbish. All demolition must be
issued or 18 months whichever comes first.
3. Developer shall plant street trees in accordance with
the approved landscape plan.
F. EROSION CONTROL MEASURES:
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 attached hereto as Exhibit
"F"and in accordance with the plans and specifications
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 turf cover 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 each individual building site at the
time any vegetation is disturbed and are
responsible for controlling erosion on site.
5. Thousand Dollars ( .OO) from the
Letter of Credit (under Section XIVI, 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 ($ .OO) portion of the
Letter of Credit is allowable upon verification of
fifty percent (50%) of disturbed areas are vegetated.
If, upon a written notification by the Building
Inspection Department of non-compliance of Chapter 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
Developer's Deposit to cover the cost of maintenance
time, additional funds may be required in the
as deemed appropriate by the Department.
($ .OO) portion of the Letter of Credit to
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section I above shall be completed
by the Develop in total within one (1) year from signing of this
Agreement or except if an earlier date is provided for in the
Agreement. The final surface course pavement shall be deferred
until ninety percent (90%) of the buildings have been completed or
36 months after the installation of the first lift of asphalt,
0 whichever comes first.
0 twelve (12) months of the date of this agreement, the Developer
If the final surface course of pavement is not completed within
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.
SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement,
Developer shall, without charge to the City, upon completeion of the
above described improvements, unconditionally give, grant, convey
and fully dedicate to the extend of the Developer's intrest, the
driveway facilities and bike path as illustrated on Exhibit "A" to
the City, it successors and assigns, forever, free and clear of all
encumberances whatever together with and including, without
limitation because of enumeration, any and all lands, structures,
conduits, pipes and hereditaments which may in any way be a part of
or pertain to such improvements and together with any and all
to dedication of said improvements after the final lift of
necessary easements for access thereto. The City will be receptive
utilities have been completed and approved by the City Engineers and
bituminous concrete pavement has been installed, when all said
other agencies as applicable.
SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES:
signing of the Agreement, 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
plans, specifications, regulations and ordinances; legal,
to insure that construction is in compliance with the applicable
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:
Developer shall pay and reimburse the City in advance of the
The Developer shall:
A. Easements: Provide any easements on Subdivider's land
deemed necessary by the City Engineers prior to the
Developer's Agreement 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.
B. Street Siqns: Reimburse the CITY for the cost of all
street signs, traffic signs and posts, including the cost
of their installation.
C. Manner of Performance: Cause all construction called
for bv this Aareement to be carried out and performed in a
good and workmanlike manner.
D. Survey Monuments: Properly place and install any lot,
block or other monuments required by State Statute or City
Ordinance.
E. 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
adjoining lots, where applicable, as existing and as
(4) corners of the lot and grades of the buildings on
proposed.
F. Siqht Distances: Restricts the property so that no
above the center of the intersection shall be permitted in
structure of any kind which exceeds a height of 2 1/2 feet
the vision setback area in conformance with Section
17:5.02(2) of the Zoning Ordinance.
G. Sump Pump Connections: The Developer shall furnish to
the Plumbino InsDector of the CITY a copy of storm drains
and clean out lobations 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.
~~~~ ~ ~ ~~~ ~2
H. Street Liqhts: Install street lights in accordance with
Section 18.0911 of the City's Land Division Ordinance.
I. 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.
J. Sewer Extension Permits: (a) The City of Muskego has,
pursuant to the provision of Chapter 21 of the City Code,
granted the Deveioper EIGHTEEN -
Equivalent Connections (REC's) as defined in Section 21.04
( 18) Residential
(22) of the City's Sewer Utility Ordinance, for the
development of all lands contemplated by the Developer in
all phases of this development including future phases.
Developer is using TWELVE ( 12) of the above-noted
REC's in the phase of development which is the subject of
this Developer'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 SIX ( 6) REC's of capacity for
future phases of the development.
(b) The remaining s IX ( 6) REC's of capacity
shall automatically terminate and the allocation of said
capacity shall cease to the extent that said sewer
by the City to make said certification, to be completely
extension is not certified, by a representative appointed
constructed and approved within four (4) years of the
execution of the present Subdivider's Agreement.
(c) The Developer may, within the four year period
referred to above, request that the City enter into an
additional Developer's Agreement for the next phase of the
within the four years as noted above may be extended
development. Any remaining REC's which have not been used
pursuant to the terms of said Developer'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
date of execution of that subsequent Developer's Agreement. and policies herein shall expire within four years of the
(d) The Developer may request additional Developer'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.
(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 21st
day of December, 2002.
SECTION VI. GUARANTEES:
The Developer shall guarantee the public roads and streets,
sanitary sewers, watermains, surface water drainage improvements and
all other improvements described in Section I, Items A, B, C, & D,
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 Developer shall pay
materials or workmanship. This guarantee shall not be a bar to any
for any damages to CITY property resulting from such faulty
0 Wisconsin law on negligence shall govern such situation.
action the CITY might have for negligent workmanship or materials.
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
expenses relating to the defense of any claim asserted or imposed
reasonable legal, accounting, consulting, engineering and other
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 Developer shall also name as additional
agents, and employees, and any independent contractors hired by the
insured on its general liability insurance the CITY, its officers,
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 lot or any interest in any property
or building in the Development. Further, that the sale of any lot or
parcel shall not release the Developer from completing the work on
the attached Exhibits.
SECTION IX. ACCEPTANCE OF WORK AM) DEDICATION:
herein required, and shall dedicate the same 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 Finance Committee and Common
Council.
As and when the Developer shall have completed the improvements
SECTION X. EROSION CONTROL PLAN AND PERMIT:
The Developer shall submit to the CITY, an application for a
with the requirements of Section 29.06 of the CITY's Erosion
Land Disturbing Permit and an Erosion Control Plan in accordance
Control Ordinance (Ord. #560). No construction or grading can begin
until 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 Developer to construct 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 CITY shall, as a condition of the Developer executing
this Agreement, make available to the Developer or their
construction of single family residences subject to the
nominee successors or assigns, building permits for the
provision of Section XII. 2 n,/P
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
shall be issued for any
have determined that:
understood and agreed that no
A. The sanitarysewer and surface water \
drainage facl\lities required to serve such
prior to issuance building permits, and
operational prior to issuance of
connected with\? operational system as required
6 p.. Water system to buildings are connected
3 c*
occupancy
The Building Inspector verifies that the installation of
gravel drive base has been installed to each building pad.
\\ CD. Video tape of sanitary sewer system completed if applicable
prior to occupancy (See Section
All lot grades shall conform to the
Negative balance in Developer's
to building permits or occupancy
6 E. prior to occupancy (See Section I.A.3).
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:
2. 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
provision of Section XII.
construction of multi family residences subject to the
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
or occupancy permits shall be issued for any building or unit until
the City's Engineers have determined that:
It is expressly understood and agreed that no building permits
A.
B.
C.
D.
E.
E.
F.
No building permits shall be issued prior to the surface
water drainage facilities required to serve such buildings
are connected with an operational system as required herein
prior, and
No Occupancy permits shall be issued prior to the sanitary
sewer being connected with an operational system as required
herein.
Water system to serve such buildings are connected with an
operational system as required prior to issuance of
occupancy permits, and
No building permits shall be issued prior to the Building
base has been installed to each building pad.
Inspector verifing that the installation of gravel drive
No occupancy permits shall be issued prior to the video
taping of the sanitary sewer system being completed if
applicable prior to occupancy (See Section I.D.4)
All lot grades shall conform to the Master Grading Plan
prior to occupancy prior to the occupancy of the second
building (See Section I.A.3).
Negative balance in Developer's Deposit is satisfied prior
to building permits or occupancy permits 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
required hereunder shall be performed and carried out in strict
length herein. This Agreement and all work and improvements
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
Developer shall file with the CITY a Letter of Credit
setting forth terms and conditions approved by the CITY
Attorney in the amount of .$
the required plans, improvements, and approvals will be
completed by the Developer 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
subcontractors for work on the Development are satisfied
further guarantee that all obligations to the
(See Section XIV. D. regarding Developer's Deposit).
as a guarantee that
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 Developer's Agreement.
C. RELEASE OF FUNDS FROM LETTER OF CREDIT:
The Subdivider shall provide CITY with a written request to
Amendment to Letter of Credit form, invoices for work
the Finance Committee accompanied by: Request for
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 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
Section X1V.C.).
following a recommendation of the Finance Committee (See
SECTION XV. PARTIES BOUND:
1. Developer or his assignees shall be bound by the terms of
phase of the development.
this agreement or any part herein as it applies to any
2. Approval by the City shall not be deemed a waiver as the
ultimate responsibility for the proper design and
installation of streets improvements, drive and parking
areas, water facilities, drainage facilities, ditches,
landscaping and all other improvements shall be the
Developers. The fact that the City or it's engineers, or
it's attorney, or it's staff may approve a specific project
shall not constitute a waiver, or relieve the Developer
and function of the Development and related infrastructure. from ultimate responsibility for the design, performance,
SECTION XVI. ASSIGNMENT: ,e Developer shall not assign this Agreement without the written consent of the CITY.
SECTION XVI I, AMENDMEWl'S :
agreement, by written agreement between the CITY and the Developer.
The CITY and the Developer, by mutual consent, may amend this
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:
IN WITNESS HEREOF, Developer and CITY have caused this Agreement
0
By :
By :
CITY OF MUSKEGO:
BY :
David L. De Angelis, Mayor
BY:
Jean Marenda, City Clerk
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of
Muskego, Wisconsin, as entered into on the
the Subdivider's Agreement for Victorian Villas Development,
August, 1996, by and between
pursuant to the authorization by the Common Council from their
meeting on the day of August, 1996.
day of
and the CITY OF MUSKEGO,
PUBLIC IMPROVEMENT COST BREAKDOWN
Indicate the cost of each public improvement to be installed. List
amounts for each category and sub-category item. Contractors bid
ereview this breakdown and approve a total amount to establish a Letter of
estimates shall be submitted with this breakdown. The City Engineer will
Credit.
Amount
1.
2.
0
3.
4.
5.
0
Road
a. Excavation to subgrade
b. Stone base material
c. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Other - BM& pH&/ B07L C''
g. Engineering inspections /& 00 dL)
TOTAL i0 2 76 '*
> z2
+ L)L"
Site Grading-Landscaping
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction 2.250 **
d. Parking area construction-incl. pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
g. Erosion control -=30
h. Engineering inspections '3L)* 0')
i. Other
TOTAL
i
+ 3 82-0
Topsoil, Seeding/Sodding
a. Road ditch area
b. Terrace areas-in R.O.W.
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering inspections
g. Other
TOTAL
Concrete Improvements
a. Curb & gutter
b. Sidewalk - I
c. Blvd./traffic islands
d. Ditch inverts
e. Engineering inspections
TOTAL
f. Other
Sanitary Sewer System
a. Mains, risers & manholes>
b. Laterals
c. Dumping station & generator
d. Force main
e. Grinder pumps & chamber-
individual dwelling
f. Engineering Inspections
g. Other
TOTAL
" 5so *" -
.z.3*G"o
f4/ I Oi
2ubli.c Improvement Cost Breakdown
raqe 2
Amount
6. Water Main System
a. Mains, valves, h manholes
b. Hydrants h leads
d. Well h pumphouse
c. Water services
e. Engineering inspections
TOTAL
f. Other
I. Storm Sewer System
- .-
a. Mains & manholes
b. Catch basins & leads
c. Culverts /cj+L'h
d. Drain tile
e. Headwalls/discharge structures
f. Engineering inspections is0 =.
g. Other,
TOTAL +3$4 4L
8. Special/Misc. Improvements & Retainage
a. Street lights
b. Street signs - fh3NGkd /56 'u
c. Signs as specified by City
d. Erosion Control/Vegetation Retainage 370@J0
TOTAL
e. Other '39 5 6 co
Fees
a. City administration
b. Engineering inspections-See each Section
(required for all Letters of Credit)
c. Engineering-as built drawings for w/s. /300
d. Legal /do0 O0
e. Land acquisition
f. Other
TOTAL 2 675 e'
.T75 c 0
TOTAL PROJECT ESTIMATE
NOTE: At time of submittal of
developer, as per Section 10.8 of the Land Division Ordinance, shall
submit an administrative fee of $75 plus $50 per public improvement
category; excepting the categories of Special/Misc. Improvements and
Fees. (Categories 8 h 9)
TXTCITY/PLAN:M-PCBRKD.OWN
O-Wauwatosa vv = - - SAVINGS BANK 7503W. SlateSI. / Wauwatosa'NI 53213 / (414)258-5880
MODEL LETTER OF CREDIT
IRREVOCABLE STANDBY DOCUMENTARY CFEDIT
CREDIT NO: 14-179461-9 AMOUNT.
DATE:
APPLICANT. BIRDSALL/HORNING &ASSOCIATES, INC.
BENEFICIARY ClTY OF MUSKEGO
-W182 S8200 RACINE AVENUE
MUSKEGO,WI 53150
a Dear Sirs: -
We hereby issue this irrevocable documentary credit in your favor which available by
beneficiary's drafI(s) at sight drawn on WAUWATOSA SAVINGS BANK. Each draft
accompanying documents must state ''Drawn Under WAUWATOSA SAVINGS BANK
Documentary Credit No. 14-179461-9"
This Standby Credit is to provide a guarantee to the City of Muskego for the performance
of BIRDSALL/HORNING &ASSOCIATES, INC. obligations under the certain
agreement dated between the City of Muskego and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that
BIRDSALL/HORNING & ASSOCIATES, 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.
Page 2, An integral part of Standby Credit No. 14-179461-9.
SPECIAL. CONDITIONS:
This Standby Credit mill terminate on , provided, however,
WAUWATOSA SAVINGS BANK shall give written notice to the beneficiary of its
intention to terminate this Standby Credit at 90 days prior to
After the date, this Letter of Credit can only terminate upon 90 days written notice to the
beneficiary.
It is hereby agreed by all parties hereto that the reference to “Agreement” is for
identification purposes only and such reference shall not be construed in any manner to
require WAUWATOSA SAVINGS BANK, to inquire into its term and obligations.
We engage with you.that.drafts drawn under and m compliance with the terms of this
credit will be duly honored ifpresented on or before the expiration date. This original
Standby Credit must be submitted to us together with any drawings hereunder for OUT
endorsement of any payments effectedby us andor for cancellations.
Very Truly Yours,
WAUWATOSA SAVINGS BANK
Lyle W. Larcheid
Sr. Vice President
APPROVAL OF DEVELOPMENT AGREEMENT .
BETWEEN THE CITY OF MUSKEG0 Ah
VICTORIAN VILLAS /
upon the recommendation of the Finance C does hereby
BE IT RESOLVED that the Common Council of Muskego,
approve the attached Developer's between the City of
Muskego and Victorian Villas of the City
Attorney.
BE IT FURTHER RESOLVED that are
authorized to execute the
DATED THIS DAY OF / , 1996. / / SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #194-96 which was adopted by the Common Council of the
Clerk-Treasurer
8/96imb
.-
DEVELOPER'S AGREEMENT
This Agreement, made this day of July, 1996
by and between Birdsall/Horning And Assoc., Inc. for Victorian
Villas 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
proposed amendment to the Durham Meadows Planned Development known
as Victorian Villas, 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 Building, Site
and Operational Plan was approved by the City Plan Commission on
WHEREAS, Wisconsin Statutes and the City of Muskego Zoning
Ordinance provides that as a condition of approval, the governing
certain public and private improvements reasonably necessary for the
development and further, may require dedication of certain
improvements according to municipal specifications without cost to
improvements to be conditioned upon the construction of said
said municipality; and
~ body of the City may require that the Developer make and install
WHEREAS, the City's Engineers, the City's Public Works
Committee, Public Utility Committee and Finance Committee have duly
approved, contingent of certain other approvals, Developer's plans
and specifications for development improvements, and the City's Plan
Commission and Common Council have duly approved the final
development 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 I. IMPROVEMENTS:
Developer, entirely at its expense, shall:
A. DRIVEWAY AND BIKE PATH RIGHT-OF-WAY
1. Developer shall construct, install, furhish and
vide as approved by the City engineer and Public Works
committee appopriate driveway access and bike path in
0
0
accordance with plans and specifications attached
hereto, and made a part hereof and marked Exhibit B.
B. STORM AND SURFACE WATER DRAINAGE AM) MASTER GRADING PLAN:
1. Developer shall construct, install, furnish and
provide facilities as approved by the City Engineer
water drainage throughout the entire Development all
and Public Works Committee for storm and surface
attached hereto, made a part hereof and marked
in accordance with the plans and specifications
Exhibit "C". The City retains the right to require
the Developer to install additional storm drainage and
erosion control measures prior to final approval
and/or acceptance of improvements by the City of
Muskego.
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. Grade and improve all disturbed areas in conformance
with the Master Grading Plan attached hereto and made
a part hereof and marked Exhibit "C". Restore with
grades must be verified by Developer's Engineer after
topsoil and seed. Establish dense vegetation. All
completion with the following tolerances: All lot
corners must be from exact to plus or minus two (2)
inches. Overall lot grades must be from exact to
minus six (6) inches. House pads from exact to
minus twelve (12) inches. All swales and ditches must
be graded to exactly minus three (3) inches to allow
for standard finish. (See Section XI1,F.)
4. At Developer's expense, and prior to acceptance of
improvements and the issuance of building permits by
the City, all storm sewers shall be cleaned (See
Section XI1.D).
C . WATER:
1. Developer shall construct, install, furnish, and
provide a complete system of water supply and
distribution, throughout the entire Development, as
approved and in accordance with the plans and
specifications attached hereto as
Exhibit "D" and in compliance with all State, County
and local regulations.
2. The CITY shall furnish the Developer such permits or
public property to enter upon and install the above
easement as may be required in any public street or
described water system therein.
3. Any water used from hydrants shall be metered and a
permit taken out through the CITY OF MUSKEGO.
D. SANITARY SEWER:
1. Developer shall construct, install, furnish, and
provide a complete sanitary sewage collection system
throughout the entire Development, as approved by the
City Engineer and the Public Utilities Committee all
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
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
connection of any residence to the sanitary sewer
systems.
4. The Developer 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. Developer shall preserve existing trees outside of
the public right-of-way 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;
(c) and all rubbish. All demolition must be
completed prior to 2nd building occupancy permit being
issued or 18 months whichever comes first.
3. Developer shall plant street trees in accordance with
the approved landscape plan.
F. EROSION CONTROL MEASURES:
1. Developer shall construct, install, furnish and
provide a complete system of Erosion Control Devices
or measures in specified areas of the Development, as
1 e
0
approved by the City Engineer and the Building
Inspection Department attached hereto as Exhibit
with Chapter 29 of the City's Municipal Code.
"F"and in accordance with the plans and specifications
2. 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 Developer
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 each individual building site at the
time any vegetation is disturbed and are
responsible for controlling erosion on site.
5. Thousand Dollars (
Letter of Credit (under Section XIV), shall be
retained until adequate vegetation is established as
determined by the Building Inspection Department. A
Thousand Dollars ($
reduction of fifty percent (50%) of the
.OO) portion of the
Letter of Credit is allowable upon verification of
fifty percent (50%) of disturbed areas are vegetated.
If, upon a written notification by the Building
the terms are not corrected within five (5) days, the
Inspection Department of non-compliance of Chapter 29,
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) from the
.OO) portion of the Letter of Credit to
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
by the Develop in total within one (1) year from signing of this
Agreement or except if an earlier date is provided for in the
Agreement. The final surface course pavement shall be deferred
until ninety percent (90%) of the buildings have been completed or
36 months after the installation of the first lift of asphalt,
The improvements set forth in Section I above shall be completed
0 whichever comes first.
twelve (12) months of the date of this agreement, the Developer 0 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 I11 DEDICATION
Subject to all of the other provisions of this agreement,
Developer shall, without charge to the City, upon completeion of the
above described improvements, unconditionally give, grant, convey and
fully dedicate to the extend of the Developer's intrest, the driveway
facilities and bike path as illustrated on Exhibit "A" to the City,
it successors and assigns, forever, free and clear of all
encumberances whatever together with and including, without
limitation because of enumeration, any and all lands, structures,
or pertain to such improvements and together with any and all
conduits, pipes and hereditaments which may in any way be a part of
necessary easements for access thereto. The City will be receptive
to dedication of said improvements after the final lift of bituminous
been completed and approved by the City Engineers and other agencies
concrete pavement has been installed, when all said utilities have
as applicable.
SECTION IV , INSPECTIONS AND ADMINISTRATIONS FEES:
signing of the Agreement, 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
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:
Developer shall pay and reimburse the City in advance of the
The Developer shall:
A. Easements: Provide any easements on Subdivider's land
deemed necessary by the City Engineers prior to the
Developer's Agreement 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.
B. Street Signs: Reimburse the CITY for the cost of all
of their installation.
street signs, traffic signs and posts, including the cost
C. Manner of Performance: Cause all construction called
for by this Agreement to be carried out and performed in a
good and workmanlike manner.
D. Survey Monuments: Properly place and install any lot,
block or other monuments required by State Statute or City
Ordinance.
E. Grades: Furnish to the Building Inspector and the CITY
a copy of Exhibit "C" showing the street grade in front of
each lot, the finished yard grade, the grade of all four
(4) corners of the lot and grades of the buildings'on
adjoining lots, where applicable, as existing and as
proposed.
e F. Sight Distances: Restricts the property 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.
G. Sump Pump Connections: The Developer 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
The ends of each line shall have a clean out in conformance
connected from each dwelling to the storm sewer system.
with the City Standard Details.
H. Street Lights: Install street lights in accordance with
Section 18.0911 of the City's Land Division Ordinance.
I. 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.
J. Sewer Extension Permits: (a) The City of Muskego has,
pursuant to the Drovision of Chaoter 21 of the Citv Code,
granted the Deveioper EIGHTEEN ( 18) Residential.
Equivalent Connections (REC's) as defined in Section 21.04-
development of all lands contemplated by the Developer in
(22) of the City's Sewer Utility Ordinance, for the
an
r
Pa
all phases of this development including future phases.
Developer is using TWELVE
REC's in the phase of development which is the subject of
( 12) of the above-noted
this Developer'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 s IX ( 6) REC's of capacity for future
phases of the development.
(b) The remaining SIX ( 6) REC's of capacity
shall automatically terminate and the allocation of said
capacity shall cease to the extent that said sewer
by the City to make said certification, to be completely
extension is not certified, by a representative appointed
constructed and approved within four (4) years of the
execution of the present Subdivider's Agreement.
(c) The Developer may, within the four year period
referred to above, request that the City enter into an
additional Developer'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 Developer'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 Developer's Agreement.
(d) The Developer may request additional Developer'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.
(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 21st
day of December, 2002.
SECTION UI. GUARANTEES:
The Developer shall guarantee the public roads and streets,
sanitary sewers, watermains, surface water drainage improvements
all other improvements described in Section I, Items A, B, C, &
hereof, against defects due to faulty materials or workmanship
provided that such defects appear within a period of one (1) yea
from the date of dedication and acceptance. The Developer shall
materials or workmanship. This guarantee shall not be a bar to
for any damages to CITY property resulting from such faulty
action the CITY might have for negligent workmanship or material
Wisconsin law on negligence shall govern such situation.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, a
provisions of this agreement or documents incorporated herein by
reference, Developer shall indemnify and save harmless, and agre
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 impose
upon the CITY, its officers, agents, and employees, and independ
contractors growing out of this 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 officer
agents, and employees, and any independent contractors hired by
CITY to perform service as to this Development and give the CITY
evidence of the same upon request by the CITY.
es
d
ent
S,
the
rty
to
on
ent
nd
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 lot or any interest in any prope
or building in the Development. Further, that the sale of any lo
parcel shall not release the Developer from completing the work
the attached Exhibits.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the improvem
herein required, and shall 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 a
as required by applicable CITY ordinances and other applicable 1
and approved by the City Engineer, City Finance Committee and Co
Council.
SECTION X. EROSION CONTROL PLAN AND PERMIT:
The Developer shall submit to the CITY, an application for
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 b
until said permit is received from the CITY.
SECTION XI. CONSTRUCTION PERMITS, ETC...:
1. The CITY shall, within its authority, issue such permit
adopt such resolutions, and execute such documents as may be
necessary to permit the Developer to construct the improvements
accordance with the plans and specifications called for by this
agreement, upon Developer's compliance with any deposit provisio
or other requirements of the applicable ordinances or regulation
e
and the CITY shall cooperate with the Developer in obtaining sim
permits, resolutions and documents as may be necessary from othe
authorities having jurisdiction in the premises.
2. The CITY shall, as a condition of the Developer executi
this Agreement, make available to the Developer or their nominee
successors or assigns, building permits for the construction of
single family residences subject to the provision of Section XI1
r
ied
d
ies
at
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building
permits or occupancy permits shall be issued for any
building or unit until the City's Engineers have determined
that:
A. The sanitary sewer and surface water drainage
are connected with an operational system as
facilities required to serve such buildings
building permits, and
required herein prior to issuance of
C. Water system to serve such buildings are
connected with an operational system as
required prior to issuance of occupancy
permits, and
D. The Building Inspector verifies that the
installation of gravel drive base has been
installed to each building pad.
E. Video tape of sanitary sewer system completed
if applicable prior to occupancy (See Secti
I.D.4)
F. All lot grades shall conform to the Master
Plan prior to occupancy (See Section I.A.3
on
Gradin
G. Negative balance in Developer's Deposit is satisf
pior to building permits or occupancy permits
unless otherwise authorized by the Planning
Director.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the CITY'S ordinances are incorporate
herein by reference, and all such provisions shall bind the part
hereto and be a part of this Agreement as fully as if set forth
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:
0
E.
C.
D.
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 $
the required plans, improvements, and approvals 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
(See Section XIV. D. regarding Developer's Deposit).
INVOICES :
addressed in the Letter of Credit, but attributable to the
Invoices documenting public improvements addressed and not
time of the signing of this Developer's Agreement.
subject development shall be provided to the CITY at the
RELEASE OF FUNDS FROM LETTER OF CREDIT:
The Subdivider shall provide CITY with a written request to
Amendment to Letter of Credit form, invoices for work
the Finance Committee accompanied by: Request for
completed for which a release is being requested, breakdown
of invoices in format of Public Improvement Cost Breakdown
request (See Section X1V.D.).
form, lien waivers for all work which is subject of release
as a guarantee that
DEVELOPER'S DEPOSIT:
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 bv the Common Council ~ ~~~
following a recommendation of the Finance Committee (See
Section X1V.C.).
SECTION XV. PARTIES BOUND:
1. Developer 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.
2. Approval by the City shall not be deemed a waiver as the
ultimate responsibility for the proper design and
areas, water facilities, drainage facilities, ditches,
installation of streets improvements, drive and parking
landscaping and all other improvements shall be the
Developers. The fact that the City or it's engineers, or
shall not constitute a waiver, or relieve the Developer
it's attorney, or it's staff may approve a specific project
from ultimate responsibility for the design, performance,
and function of the Development and related infrastructure.
SECTION XVI. ASSIGNMENT:
Developer shall not assign this Agreement without the written
consent of the CITY.
SECTION XVII. AMENDMENTS:
agreement, by written agreement between the CITY and the Developer.
The CITY and the Developer, by mutual consent, may amend this
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:
IN WITNESS HEREOF, Developer and CITY have caused this Agreement
CITY OF MUSKEGO:
BY :
David L. De Angelis, Mayor
BY :
Jean Marenda, City Clerk 0
WAUKESHA COUNTY
STATE OF WISCONSIN ) SS
)
PERSONALLY came before me this day of July
1996, to me known to be
the person who executed the foregoing instrument and acknowledged
the same.
Notary Public-State of Wisconsin
My Commission Expires
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY
PERSONALLY came before me this day of July,
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 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
corporation by its authority and pursuant to the authorization by
foregoing instrument as such officers as the deed of said municipal
the Common Council from their meeting on the day of
h 1
, 1996.
My Commission Expires
Notary Public-State of Wisconsin
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of
the Subdivider's Aareement for Victorian Villas DeVelODment.
Muskego, Wisconsin, as entered into on the
1996, by and between
Dursuant to the authorization bv the Common Council from their
a day of. July,
and the CITY OF MUSKEGO,
meeting on the day of hly, 1996.
PUBLIC IMPROVEMENT COST BREAKDOWN
Indicate the cost of each public improvement to be installed. List
amounts for each category and sub-category item. Contractors bid
estimates shall be submitted with this breakdown. The City Engineer will
review this breakdown and approve a total amount to establish a Letter of 0 Credit.
1.
2.
0 3.
4.
5.
0
Amount
Road Construction - LI~,~'w~ v io &ON d.
b. Stone base material
a. Excavation to subgrade
c. Bituminous base course pavement 3> 2+2&"'
d. Bituminous surface course pavement
e. Concrete pavement
f . Other - ,9k& pMb/
g. Engineering inspections
ft.76 Cc)
TOTAL
/& 00 JU
ic9 2 76 "'
Site Grading-Laidscaping
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl. pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
g. Erosion control
h. Engineering inspections
TOTAL
i. Other
Topsoil, Seeding/Sodding
a. Road ditch area
b. Terrace areas-in R.O.W.
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering inspections
g. Other
TOTAL
Concrete Improvements
a. Curb & gutter
b. Sidewalk -
c. Blvd./traffic islands
d. Ditch inverts
e. Engineering inspections
f. Other
TOTAL
Sanitary Sewer System
a. Mains, risers & manholes>
b. Laterals
c. Dumping station & generator
d. Force main
e. Grinder pumps & charnber-
individual dwelling
f. Engineering Inspections
g. Other
TOTAL
2ubliC Improvement Cost Breakdown
rage 2
Amount
6.
e
-
7.
8.
Water Main System
a. Mains, valves, L manholes
b. Hydrants h leads
c. Water services
d. Well h pumphouse
e. Engineering inspections
f. Other
TOTAL
Storm Sewer System
b. Catch basins & leads
a. Mains h manholes
d. Drain tile
c. Culverts
e. Headwalls/discharge structures
f. Engineering inspections
g. Other
TOTAL
Special/Misc. Improvements L Retainage
a. Street lights
b. Street signs - wg/‘L/
c. Signs as specified by City
d. Erosion Control/Vegetation Retainage
e. Other
TOTAL
Fees
a. City administration
b. Engineering inspections-See each Section
(required for all Letters of Credit)
d. Legal
c. Engineering-as built drawings for w/s.
e. Land acquisition
f’. Other
TOTAL
~~
-0 -
3700
3p <o cu
TOTAL PROJECT ESTIMATE
NOTE: At time of submittal of
developer, as per Section 10.8 of the Land Division Ordinance, shall
submit an administrative fee of $75 plus $50 per public improvement
category; excepting the categories of SpecialjMisc. 1mpro;ements and
Fees. (Categories 8 h 9)
- - SAVINGS BANK 75CO W Slate St. 1 Wawarosa. WI 53213 1 (414) 258-5880
MODEL LETTER OF CREDIT
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO: 14-179461-9 AMOUNT.
DATE:
APPLICANT. BIRDSALLMORNING & ASSOCIATES, INC.
BENEFICmY: ClTY OF MUSKEG0
~W182S8200 RACtNE AVENUE
MUSKEGO, WI 53150
0 Dear Sirs:
We herebv issue this irrevocable documentarv credit in your favor which is available bv
benefi&’s draft(s) at sight drawn on WALhATOSA SAVINGS BANK. Each drak
accompanying documents must state“Drawn Under WAUWATOSA SAVLNGS BANK
Documentary Credit No. 14-179461-9”.
This Standby Credit is to provide a guarantee to the City of Muskego for the performance
of BIRDSALL/HORNING & ASSOCIATES, INC. obligations under the certain
agreement dated between the City of Muskego and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that
BIRDSALL/HORNING & ASSOCIATES, INC. has failed to complete the construction
of subdivision improvements in accordance with said Ageement. Said statement shall set
forth the estimated amount necessary for the City of hluskego to complete such
improvements.
Continued on Page two (2) which is an integral part of this Standby Credit.
Page 2, An integral part of Standby Credit No. 14-179461-9.
SPECIAL CONDITIONS:
This Standby Credit will terminate on , provided, however,
WAWATOSA SAVINGS BANK shall give written notice to the beneficiary of its
intention to terminate this Standby Credit at 90 days prior to
After the date, this Letter of Credit can only terminate upon 90 days written notice to the
beneficiary
It is hereby agreed by all parties hereto that the reference to “Agreement” is for
identification purposes only and such reference shall not be construed in any manner to
require WAUWATOSA SAVINGS ,, BANK, to inquire into its term and obligations.
We engage with you that drafts drawn under and in compliance with the tern of this
credit will be duly honored ifpresented 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 paGents effected by us and/or for cancellations.
IO Very Truly Yours,
I
- WAUWATOSA SAVINGS BANK
I Lyle W, Larcheid