CCR1997040AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #40-97
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Lakewood Meadows Addition No. 2
WHEREAS, a Final Plat was originally submitted on October 21,
1996 for the 26-lot Lakewood Meadows Addition No. 2 Subdivision
in the SE 1/4 of Section 5; and
WHEREAS, the Preliminary Plat was approved in Resolution #329-91;
and
WHEREAS, the Plan Commission has recommended approval subject to
satisfactory fulfillment of concerns/conditions as identified by
the City Planning Department, Public Works Committee, the City
Trade and Consumer Protection; and Engineer, and the State of Wisconsin Department of Agriculture,
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lakewood Meadows Subdivision, as attached, and
the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
does hereby approve the Final Plat for the Lakewood Meadows
City of Muskego, upon the recommendation of the Plan Commission,
Addition No. 2 Subdivison, subject to approval of the City
Engineer and all objecting and approving agencies, and receipt of
all fees as provided in Section 18.14 of the Land Division
Ordinance and any special assessments which may be due.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Lakewood Meadows Addition No. 2 Subdivision,
Attorney and City Engineer, all of said approvals to be obtained
as attached, is hereby approved subject to approval of the City
within thirty (30) days of the date of approval of this
Resolution or the same will be null and void.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
hereby authorized to sign the necessary documents in the name of
the City.
0
DATED THIS 25th DAY OF MARCH , 1997.
SPONSORED BY:
Ald. Nancy Salentine
Deferred 3/11/97
This is to certify that this is a true and accurate Copy Of
Resolution #40-97 which was adouted bv the Common Council of the " a City of Muskego.
3/97 jmb
.4 Y
I
A
ClTlZ BANK OF MUKWONAGO
Ruekert Mielke
Professional Engineers
B Regisrered land Surveyors since 1946
February 28,1997
Mr. Matt Sadowski
Director of Plannine
City of Muskego
W 182 S8200 Racine Avenue
Post Office Box 903
Y
Muskego, WI 53 150
RE: Public Works Improvement Cost Breakdown
Lakewood Meadows Addition No. 2
Dear Matt:
We are in receipt of the attached Public Works Improvement Cost Breakdown for
Lakewood Meadows Addition No. 2 and have the following comments: k /bP Subject to the review by the City of the Erosion Control Bond value, Item 2m)'
w
only. The actual costs will be dependent upon ground condition, weather and the speed
and the SpeciaVMiscellaneous Item 8, the recommended Letter of Credit value is
as summarized on the attached summaries.
$60,720 The Construction Review and Administration summary attached is an estimate
and efficiency of the respective contractors.
If there are any questions regarding this matter, please contact our office.
Very truly yours,
RUEKERT & MIELKE, INC.
e
Richard Eberhdt, R.L.S.
RAE/sjd
R:\USERS\SID\WORD_Dl~~O228s~do.doc
13-92040.310
Enclosure
cc: Mayor David L. De Angelis
Larry Galeener, Lakewood Development Group, Inc.
Michael F. Campbell, Ruekert & Mielke, lnc.
File
W239 N1812 ROCKWOOD URlVE
(414) 542-5733
WAUKESHA. WISCONSIN 53188-1113
FAX (414)542-5631
Land Suweyms since 1946 onstruction Review and Administration Estimated Values:
I 1. I Road Construction 1 a. Base and Binder Pavement 1 $2,100.00
1 b. Surface Pavement 850.00
4. Concrete Improvements
~ ~~ ~
1,000.00
I 5. I ~anitarv Sewer 1 16,462.00 I ~ ~~~ I
6. I Water Main
-,
9,094.00
7. 1 Storm Sewer 1 12,540.00
8. I Miscellaneous N/A
9. Fees
b. Letter of Credit Administration 2,000.00
C. As-Builts I
1) Sanitary Sewer 2,605.00 I 2) Water 2,225.00 I
Lakewood Meadows Addition No. 2 - Summary P.I.C.B. Form
Item
1.
2.
-
3.
4.
5.
6.
7.
8.
9.
e
Descriution
Road Construction
Site Grading
Subject to City approval of
Erosion Control Bond
Topsoil, Seeding/Sodding
Concrete Improvements
Sanitary Sewer
Water Main
Storm Sewer
Special Miscellaneous
Sub-Total
a. City Administration
b. Engineering Admin. (LOC)
C. As-Builts
2. Water 1. sanitary
TOTALS
W239N1812ROCKWOODURlVE
(414) 542.5731
WAUKESHA.WlSCONSlN51188-11l3
FAX (414) 542-5631
Construction I Review
$ 152,740.00
256.00 28,050.00
$ 2,950.00
5,000.00
12,540.00 94,497.00
9,094.00 8 1,082.00
16,462.00 113,144.00
1,000.00 23,800.00
200.00
1,075.00 0.00
499,388.00
2,000.00 0.00
2,000.00 0.00
42,502.00
0.00 I 2,605.00 0.00 2,225.00
$499,388.00 1 $51,332.00
Total
F 155,690.00
28,306.00
5,200.00
24,800.00
129,606.00
90,176.00
107,037.00
1,075.00
541,890.00
2,000.00
2.000.00
2,605.00
2,225.00
$ 550,720.00
10, ml? /g&
MUSK EGO PLANNING]
This Agreement, made this day of March, 1997 by and between
Lakewood Development Group, Inc. the “Subdivider” and the City of Muskego, a municipal
corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the
“City“.
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a proposed
Final Plat for Lakewood Meadows Addition No. 2 Subdivision, a boundary description of
which is attached hereto as Exhibit “A, the original of which will be recorded with the
Register of Deeds for Waukesha County, and a copy of which is on file in the Office of the
City Clerk, for which a Final Plat was approved by the City on
WHEREAS, 9 236.13, Stats. provides that as a condition of plat approval, the
governing body of the City may require that the Developer make and install certain public
improvements reasonably necessary for the Subdivision and further, may require dedication
of public streets, alleys or other ways within the Subdivision, to be conditioned upon the
construction of said improvements according to municipal specifications without cost to said
Utility Committee and Finance CbmmiGee have duly approved, contingent of certain other
approvals, Subdivider’s plans and specifications for subdivision improvements, and the city’s
Plan Commission and Common Council have duly approved the final plat of Lakewood
Meadows Subdivision contingent upon the execution and performance of this agreement by
the Subdivider;
NOW, THEFtEFOm, in consideration of the covenants herein contained, the
parties hereto agree as follows:
SECTION 1. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in Lakewood Meadows
Addition No. 2 Subdivision in accordance with the plat of said
Subdivision and the plans and specifications attached hereto,
made a part hereof and marked Exhibit ‘W, all in accordance
with the City’s street specifications.
2. Paving of Lakewood Meadows Addition No. 2 as shown on
Exhibit A shall be completed according to City Standards.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER
GRADING PLAN:
1. Subdivider shall construct, install, furnish and provide facilities
as approved by the City Engineer and Public Works Committee
for storm and surface water drainage throughout the entire
Subdivision, and a Master Grading Plan providing for sump
pump discharge to a tile or storm sewer system, all in
accordance with the plans and specifications attached hereto,
made a part hereof and marked Exhibit "C'. The City reserves
the right to require the Subdivider to install additional storm
drainage and erosion control measures prior to acceptance of
improvements by the City.
2. The City shall furnish to the Subdivider such permits or
easements as may be required in any public street or property
to enter upon and install the above described surface water
drainage system therein.
3. Grade and improve all lots in conformance with the Master
Grading Plan attached hereto and made a part hereof and
marked Exhibit "C'. Restore with topsoil and seed. Establish
dense vegetation. All grades must 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.)
4. At Subdivider's expense, and prior to acceptance of
improvements and issuance of building permits by the City (not
including model homes which are governed by separate
agreement), all storm sewers shall be cleaned (See Section
XU.D).
C. WATER:
1. Subdivider shall construct, install, furnish, and provide a
complete community well system of water supply and
distribution to Lakewood Meadows Addition No. 1 and
Addition No. 2, as approved by the City Engineer and Public
Utilities Committee and in accordance with the plans and
specifications attached hereto as Exhibit 'PI. The Subdivider
shall furnish "as built" plans of the entire system, including
hydrant and valve locations, and locations and elevations of
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laterals to lot lines. The cost of the preparation of "as built"
plans shall be paid by the Subdivider. Said facilities are
referred to as "Water Facilities" herein and specifically include
well site property 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 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 kom hydrants connected to the City's water
system shall be metered and a permit taken out through the
City.
4. Subdivider shall complete, to the satisfaction of the City
Engineers, any remaining punch list items concerning the water
system, prior to connection of any residence to the water
system.
5. Subdivider, and their successors, shall operate and maintain the
wells and water distribution system for Lakewood Meadows
Addition 1 and 2, and as required by the City Utility and any
applicable governmental agencies; the cost of operating and
maintaining such facilities, including provisions at reasonable
reserves for depreciation of facilities, shall be determined,
levied against those lots which are improved with dwelling
houses as per the policy defined in the Declaration of
Restrictions and Covenants.
6. Subdivider shall, upon completion, 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 State of Wisconsin in establishing or revising
a rate base.
7. Subdivider shall furnish well test data and other information
required by the Department of Natural Resources, the Public
Service Commission, and the City.
8. The following special provisions shall apply to the well, water
mains, and water laterals to be installed by the Subdivider
pursuant to this agreement:
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(a) If, and to the extent necessary, the City shall grant a
franchise to Subdivider, or their successors in title to the
Water Facility, or to a trust which shall 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 the rates
and service charges of such utility shall be formulated so
as not to recoup, or produce any return upon the initial
capital cost of installing the Water Facilities.
(b) The City shall have an indefinite option to require
transfer of the Water Facilities without consideration to
the 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 (30) days’ prior
written notice by the public owner of any municipal,
intermunicipal, or metropolitan water system, including
the City, either alone or in cooperation with other
municipalities or any statutory water district.
(c) The City grants to the Subdivider, and to their successors
in title to the Water Facilities, a perpetual right and
easement under all dedicated public streets in the
subdivision for the installation, maintenance, and repair
of the Water Facilities. The Subdivider, or their
successors in title to the Water Facilities, in connection
with any such maintenance and repair work, shalI 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, damaged, or removed in performing such work;
and shall indemnify the City and their agents,
consultants, and employees of each, and hold them
harmless against all 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, at all times, shall have the right to draw water
from said system through the fire hydrants, provided
therefor, for fire-fighting and other municipal purposes
without charge to such municipality.
(e) The Subdivider, and their successors in title to the Water
Facilities, agrees to preserve and maintain the water
capacity of the well and pumping facility measured in
terms of the Department of Natural Resources or other
governmental agencies, flow requirements and the
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requirements of the City Utility, to satisfactorily serve
the lots in the subdivision.
D. SANITARY SEWER:
1. Subdivider shall construct, install, furnish, and provide a
complete sanitary sewage collection system throughout the
entire Subdivision, as approved by the City Engineer and the
Public Utilities Committee all in accordance with the plans,
specifications and drawings attached hereto as Exhibit “E’’. The
cost of the preparation of as-built plans shall be paid by the
Subdivider.
2. The City shall furnish the Subdivider 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. Subdivider shall complete, to the satisfaction of the City
Engineers, any remaining punch list items concerning the
Sanitary Sewer System prior to the connection of any residence
to the sanitary sewer systems.
4. The Subdivider shall televise the sanitary sewer system, repair
any defects as determined by the City Engineer, and supply
video tape to City of Muskego, and clean all sewer lines prior
to the issuance of building permits, except for model homes,
and acceptance of improvements by the City (See Section
XILE).
E. LANDSCAPING:
1. Subdivider shall preserve existing trees outside of the public
right-of-way whenever practical, when installing the Subdivision
improvements.
2. Subdivider shall remove and lawfully dispose of:
(a) all old barns, outbuildings;
(b) destroyed trees, brush, tree trunks, shrubs and other
natural growth;
(c) and all rubbish.
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e 3. Subdivider shall plant street trees in accordance with Section
18.60 of the Muskego Land Division Ordinance and Resolution
NO. P.C. 101-93.
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 the Building Inspection Department and in
accordance with the plans and specifications, attached hereto as
=bit IF'' and incorporated herein by reference, and also in
accordance with Chapter 29 of the City's Municipal Code.
2. Install silt fencing in conformance with the approved plans prior
to the grading and construction work. Such fences shall be
maintained by the Subdivider until such time as turf cover is
established in the Subdivision. No grading shall occur without
a two (2) day notice to the City.
3. Mulching and seeding of all disturbed areas to comply with
Chapter 29.
4. Subdivider is responsible for obtaining Erosion Control Permits
for the site for controlling erosion on the site and each
individual lot owner is responsible for obtaining a separate
erosion control permit at the time any vegetation is disturbed
and are responsible for controlling erosion on their lot.
5. Seven Thousand Dollars ( &Oipfrom the Letter of Credit,
shall be retained until adequate vegetation is established as
determined by the Building Inspection Department. A
Q reduction of fifty percent (50%) of the Seven Thousand Dollars /b,@ ($'r;saQOO) portion of the htter of Credit is allowable upon
verification that fifty percent (50%) of disturbed areas are
vegetated. If, upon a written notification by the Building
Inspection Department of noncompliance of Chapter 29, the
terms are not corrected within five (5) days, the City may utilize
the Seven Thousand Dollarsf$9+XQOO) portion of the Letter
of Credit to correct the terms ofbcom liance.
/ ~,Oo%
SECTION II. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be completed by the ) Subdivider in total within one (1) year from signing of this Agreement or except if an earlier
date is provided for in the Agreement. The final surface course pavement shall be deferred
until ninety percent (90%) of the homes have been completed or 36 months after the
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installation of the first lift of asphalt, whichever comes first. If the final course of pavement
is not completed within twelve (12) months of the date of this agreement, the Subdivider
shall extend the Letter of Credit in a form acceptable to the City until such time as the final
surface course 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.
The City agrees to provide the subdivider with a 30 day notice to cure default before
drawing on the Letter of Credit provided that the City receives the Notice of Intention to
Terminate the Letter of Credit at least 90 days prior to the effective date of termination.
The City’s failure to provide such notice shall in no event constitute a waiver of the City’s
right to draw upon the Letter of Credit.
SECTION IU. DEDICATION
Subject to all of the other provisions of this agreement, Subdivider shall,
without charge to the City, upon completion of the above-described improvements,
unconditionally give, grant, convey and fully dedicate the roads and streets, sanitary sewers,
water mains, storm and surface water drainage facilities (excluding those facilities which are
to be owned and maintained by the Homeowners Association) as illustrated on Ekhibit “A“
and as described in the deed restrictions, to the City, it successors and assigns, forever, free
and clear of all encumbrances whatever together with and including, without limitation
because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines,
plant, machinery, equipment, appurtenances and hereditaments which may in any way be
a part of or pertain to such improvements and together with any and all necessary
easements for access thereto. The City will be receptive to the dedications of the said
improvements, except for roads and surface water drainage facilities, after the first lift of
bituminous concrete pavement has been installed, when all said utilities have been complete
and approved by the City Engineers and other agencies as applicable.
SECTION lV. INSPECTIONS AND ADMINISTRATIONS FEES:
Subdivider shall reimburse the City in advance of the signing of the agreement,
in accordance with Section 18.14 of the City’s Land Division Ordinance and Ordinance No.
909, and at times specified herein, but in any event, no later than 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.
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SECTION V. MISCELLANEOUS REQUIREMENTS:
The Subdivider shall:
A.
B.
C.
D.
E.
F.
G.
Easements: Provide any easements on Subdivider's land deeded
necessary by the City Engineers prior to the Final Plat being signed,
provided such easements are along lines or to the rear of the lots and
are not any more restrictive to the building of homes beyond the
applicable sideyard and offset distances required by the zoning for such
lots.
Street Signs: Reimburse the City for the cost of all street signs, traffic
signs and posts, including the cost of their installation.
Manner of Performance: Cause all construction called for by this
Agreement to be canied out and performed in a good and
workmanlike manner.
Survey Monuments: Properly place and install any lot, block or other
monuments required by State Statute or City Ordinance.
Deed Restrictions: Execute and record deed restrictions and provide
proof of recording prior to sale of lots in Lakewood Meadows Addition
No. 2 Subdivision in the form attached hereto, made a part hereof and
marked Exhibit "G". The deed restrictions shall contain the following
language:
"Each lot owner must strictly adhere to and finish grade his lot in
accordance with the Master Grading Plan on file in the ofice of the
Subdivider and the ofEice of the City Building Inspector unless a
change is approved by the City Engineer. The Subdivider and/or the
City and/or the agents, employees or independent contractors shall
have the right to enter upon any lot, at any time, for the purpose of
inspection, maintenance, correction of any drainage conditions and the
property owner is responsible for the cost of the same."
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) comers of the lot and grades of
the buildings on adjoining lots, where applicable, as existing and as
proposed.
Sight Distances: Restricts lots on the face of the plat so that no
structure of any kind which exceeds a height of two and one-half (24)
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.
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0
a
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.
I. Street Lights: Install street lights in accordance with Section 18.60 of
the City's Land Division Ordinance.
J. Permits: Submit to the City valid copies of all agency permits
including the Wisconsin Department of Natural Resources and United
States Army Corps of Engineers before construction commences and
prior to any preconstruction meeting.
K Sewer Extension Permits:
1. The City of Muskego has, pursuant to the provision of Chapter
21 of the City Code, granted the Subdivider Fiftyseven (57)
Residential Equivalent Connections (REC's) as defined in
Section 21.04 (22) of the City's Sewer Utility Ordinance, for the
development of all lands contemplated by the Subdivider in all
phases of this development including future phases. Subdivider
is using Twenty-Six (26) of the above-noted REC's in the phase
of development which is the subject of this Subdivider's
Agreement and shall secure the installation of said sewer
extensions as provided elsewhere in this agreement and as
required by the City Code. There will then remain Zero (0)
REC's of capacity for future phases of the development.
2. The remaining Zero (0) REC's of capacity shall automatically
terminate and the allocation of said capacity shall cease to the
extent that said sewer extension is not certified, by a
representative appointed by the City to make said certification,
to be completely constructed and approved within four (4) years
of the execution of the present Subdivider's Agreement.
3. The Subdivider may, within the four (4) year period referred to
above, request that the City enter into an additional
Subdivider's Agreement for the next phase of the development.
Any remaining REC's which have not been used within the four
(4) years as noted above may be extended pursuant to the terms
of said Subdivider's Agreement provided, however, that the
installation of sewer extensions must be secured as provided in
this agreement or when not prohibited by other ordinances or
resolutions of the City, upon other security deemed appropriate
-9-
I ’.
0 by the City and under terms and conditions satisfactory to the
City and in accordance with the City’s ordinances, resolutions
and policies herein shall expire within four (4) years of the date
of execution of that subsequent Subdivider’s Agreement.
4. The Subdivider may request additional Subdivider’s
Agreement(s) be entered into for subsequent phases. Any such
agreement shall be subject to the same terms and conditions as
stated in subsections (l), (2) and (3) above.
5. Notwithstanding any of the above provisions, unless mutually
agreed upon by the Subdivider and the City, all unused sewer
capacity granted to the Subdivider as referenced in this
agreement shall automatically terminate and the allocation of
said capacity shall cease on December 21, 2002.
SECTION VI. GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary se
water mains, surface water drainage improvements and all other improvements de
in Section I, Items A, B, C, and D, hereof, against defects due to faulty materials
workmanship provided that such defects appear within a period of one (1) year fr
date of dedication and acceptance. The Subdivider shall pay for any damages to City
property resulting from such faulty materials or worlananship. Th~s guarantee shall not be 0 a bar to any action the City might have for negligent workmanship or materials. Wisconsin
law on negligence shall govern such situation.
SECTION W. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions of
agreement or documents incorporated herein by reference, Subdivider shall indemnify an
save harmless and agrees to accept tender of defense and to defend and pay any an
reasonable legal, accounting, consulting, engineering and other expenses relating to th
defense of any claim asserted or imposed upon the City, its officers, agents, and employees,
and independent contractors growing out of this agreement as stated above by any party or
parties. The Subdivider shall also name as additional insured on its general liability
insurance the City, its officers, agents, and employees, and any independent contractors
hired by the City to perform service as to this Subdivision and give the City evidence of th
same upon request by the City.
SECTION Vm. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City’s rights herein, the
provisions of this agreement shall be for the benefit of the purchaser of any lot or any
interest in any lot or parcel of land in the subdivision. Further, that the sale of any lot or
parcel shall not release the Subdivider from completing the work on the attached exhibits.
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SECTION M. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Subdivider shall have completed the improvements 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 and as required by applicable City ordinances and other applicable law and
approved by the City Engineer, City Finance Committee and Common Council.
SECTION X. EROSION CONTROL PLAN AND PERMFT:
The Subdivider shall submit to the City, an application for a Land Disturbing
Permit and an Erosion Control Plan in accordance with the requirements of Section 29.06
of the City’s Erosion Control Ordinance (Ordinance No. 560). No construction or grading
can begin until said permit is received from the City.
SECTION XI. CONSTRUCTION PERMITS, ETC...:
A. The City shall, within its authority, issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit
the Subdivider to construct the improvements in accordance with the
plans and specifications called for by this agreement, upon Subdivider’s
compliance with any deposit provisions or other requirements of the
applicable ordinances or regulations; and the City shall cooperate with
the Subdivider in obtaining similar permits, resolutions and documents
as may be necessary from other authorities having jurisdiction in the
premises.
B. The City shall, as a condition of the Subdivider executing this
Agreement, make available to the Subdivider or their nominee
successors or assigns, building permits for the construction of single
family residences subject to the provision of Section XI.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
The Subdivider shall be allowed to construct no more than two (2) model
homes by separate agreement with the City. It is expressly understood and agreed that no
Occupancy Permits shall be issued for the model homes, and no Building Permits or
Occupancy Permits shall be issued for any other homes until the City’s Engineers have
determined that:
A. The sanitary sewer, water and surface water drainage facilities required
to serve such homes are connected with an operational system as
required herein, and,
B. The Building Inspector verifies that the installation of the bituminous
concrete base course pavement has been installed, and,
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C. No Building Permits shall be issued prior to all signatures being
obtained on the Deed Restrictions, (Exhibit "G"), and,
D. Cleaning of storm sewer system completed (See Section I .B.4), and,
E. Video tape of sanitary sewer system completed (See Section I.D. 4),
and,
F. All lot grades shall conform to the Master Grading Plan (See Section
I.B. 3), and,
G. The water system shall be completed (See Section I.C.4), and,
H. Negative balance in Developer's deposit is satisfied unless otherwise
authorized by the Planning Director.
SECTION WI. GENERAL CONDlTIONS 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. Thjs 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 Mv. FINANCIAL GUARANTEES
A. LE'ITER OF CREDIT:
Prior to the execution of this agreement by the City, the Subdivider shall file
with the City a Letter of Credit setting forth terms and conditions approved
by the City Attorney in the amount of $ as a guarantee
that the required plans, improvements, and approvals will be completed by the
Subdivider and his subcontractors no later than one (1) year kom signing of
the Agreemen4 except if another date is provided within this Agreement and
as a further guarantee that all obligations to the subcontractors for work on
the Subdivision are satisfied(See Section XW. D. regarding Developer's
Deposit).
B. INVOICES:
Invoices documenting public improvements addressed and not addressed in
the Letter of Credit, but attributable to the subject development shall be
provided to the City at the time of the signing of this Subdivider's Agreement.
- 12-
C. RELEASE OF FUNDS FROM LETTER OF CREDIT:
The Subdivider shall provide City with a written request to the Finance
Committee accompanied by: Request for Amendment to Letter of Credit
form, invoices for work completed for which a release is being requested,
breakdown of invoices in format of Public Improvement Cost Breakdown
form, lien waivers for all work which is subject of release request (See Section XIV. D.).
D. DEVELOPERS DEPOSIT:
The Subdivider shall maintain a positive balance in the Developer’s Deposit.
No release from the Letter of Credit shall be entertained until the
Developer’s Deposit is satisfied unless otherwise authorized by the Common
Council following a recommendation of the Finance Committee (See Section XN. C.).
SECTION XV. PARTIES BOUND:
1. Subdivider, or his assignees, shall be bound by the terms of this
agreement or any part herein as it applies to any phase of the
development.
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
Subdividers. 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,
p? ~ Si’teeiye the Subdivider from ultimate responsibility for the design,
performance, and function of the Development and related
infrastructure.
\i&
SECTION XVI. ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the
City.
SECTION XVII. AMENDMENTS:
The City and the Subdivider, by mutual consent, may amend this agreement,
by written agreement between the City and the Subdivider.
IN WJTNESS ELEREOF, Subdivider and City have caused this Agreement to
be signed by their appropriate of€icers and their seals to be hereunto afiixed in duplicate
original counterparts on the date and year first written above.
- 13 -
SUBDIVIDER:
BY:
BY.
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this - day of ,19- the
above-named , to me hown to be the persons
who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, WI
Commissionexpires:
CITY OF MUSKEG0
BY:
DAVID L. DE ANGELIS, Mayor
BY:
JEAN MARENDA, City Clerk/Treasurer
STATE OF WISCONSIN 1
WAUKESHA COUNTY
) ss.
1
Personally came before me this - day of , 19. the
above named David L. De Angelis, Mayor, and Jean Marenda, City Clerk/Treasurer, of the
above-named municipal corporation City of Muskego, to me known to be the persons
executed the foregoing instrument, and to me known to be such Mayor and City Clerk of
said municipal corporation, and acknowledged that they executed the foregoing instrument
as such officers as the deed of said municipal corporation by its authority and pursuant to
the authorization by the Common Council from their meeting on the __ day of -
Notary Public, Waukesha County, WI
Commissionexpires:
.
0
0
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the
Subdivider’s Agreement for Lakewood Meadows Addition NO. 2 Subdivision, Muskego,
Wisconsin, as entered into on the - day of , 19- by and
between and the City of Muskego, pursuant to the authorization by
the Common Council from their meeting on the - day of
19”.
- 15 -
BANKLETERHEAD
MODEL LETER OF CREDIT
IRREVOCABLE STANDBY DOCUMEWARY CREDIT
CREDIT NO: AMOUNT:
DATE:
Applicant:
Beneficiary: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor which is available by
beneficiary's draft(s) at sight drawn on 'BANK'S NAME". Each draft accompanying
documents must state ''Drawn Under 'BANK'S NAME"' Documentary Credit No.
This Standby Credit is to provide a guarantee to the City of Muskego for the performance
of "SUBDIVIDERS NAME" obligations under that certain agreement dated
between the City of Muskego and applicant.
DRAFTS ARE TO BE ACCOMPANJED BY
A statement signed by the Mayor of the City of Muskego stating that "SUBDIVIDERS
NAME," 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.
SPECIAL CONDITIONS:
This Standby Credit will terminate ninety (90) days after the termination date, provided,
however, the 'BANK'S NAME" 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 "BANK'S NAME", to inquire into its term and obligations.
We engage with you that drafts drawn under and in compliance with the terms of this credit
will be duly honored if presented on or before the expiration date. This original Standby
Credit must be submitted to us together with any drawings hereunder for our endorsement
of any payments effected by us and/or for cancellations.
Very Truly Yours,
"BANK'S NAME"
Senior Vice President
- 17 -
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 Credit.
Amount
1. Road Construction
a. Excavation to subgrade
b. Stone base material
C. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Other
g. Engineering inspections
TOTAL
2. Site Grading-Landscaping
a.
b.
d.
e.
f.
g. h.
C.
1.
Lot grading
Drainage ditch construction
Retention pond construction
Parking area construction - including pavement
Tree and shrub plantings
Landscaping as specified by City
Erosion control
Engineering inspections
Other
TOTAL
3. Topsoil, Seeding/Sodding
a. Road ditch area
b. Terrace areas - in right-of-way
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering inspections
€5 Other TOTAL
- 18-
4.
5.
6.
I.
Concrete Improvements
a. Curb and gutter
b. Sidewalk
c. Boulevard/traffic islands
d. Ditch inverts
e. Engineering inspections
f. Other
TOTAL
Sanitary Sewer System
a. Mains, risers and manholes
b. Laterals
c. Dumping station and generator
d. Force main
e. Grinder pumps and chamber individual dwelling
g. Other
f. Engineering Inspections
TOTAL
Water Main System
a. Mains, valves, and manholes
b. Hydrants and leads
C. Water services
d. Well and pumphouse
e. Engineering inspections
f. Other
TOTAL
Storm Sewer System
a. Mains and manholes
b. Catch basins and leads
C. Culverts
d. Drain tile
e. Headwalls/discharge structures
f. Engineering inspections
g. Other TOTAL
Amount
- 19-
Amount
8. Special/Miscellaneous Jinprovements and Retainage
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion Control/Vegetation Retainage
e. Other
TOTAL
9. Fees
a. City administration
b. Engineering inspections - See each Section (required for all Letters of
c. Engineering - as-built drawings for w/s.
d. Legal
e. Land acquisition
f. Other
TOTAL
Credit)
TOTAL PROJECT ES'IIMATE
NOTE: At time of submittal of the Letter of Credit, the developer, as per
Section 10.8 of the Land Division Ordinance, shall submit an administrative fee of $75.00
plus $50.00 per public improvement category; excepting the categories of
Special/Miscellaneous Improvements and Fees. (Categories 8 and 9.)
- 20 -
I
- .I . .<.. REQUEST FOR AMENDMENT TO LElTER OF CREDIT
DATE:
NAME OF DEVELOPMENT:
DEVELOPER
NAME:
ADDRESS:
PHONE NO.:
BANK
NAME.
ADDRESS:
PHONE NO.:
..............................
TO CITY OF MUSKEGO:
Please authorize the Letter of Credit for the above development to be reduced by $-
for work umpleted as follows: (See attached contractor invoices): All other terms
and conditions of said Letter of Credit remain unchanged.
*** ATTACH ALL LIEN WAIVERS FOR SUBJECT WORK ***
DATED: DATED:
BY: BY:
(Signature of Developer) (Signature of Bank Official)
..............................
For Office Use Only:
Approved by Ruekert & Mielke
Approved by Finance Committee
- 21 -
. .* . ._ , . ". I
..............................
I AUTBOFUZATION TO BANK TO REDUCE LETTER OF CREDTT:
Reduce by $ . Balance of Letter of Credit: $
BY:
DAVID L. De ANGELIS, Mayor
..............................
CONFIRMATION BY BANK OF RELEASE OF $ . After Release, Letter
of Credit Balance will be $ . All other terms and conditions of the Letter of
Credit remain unchanged.
Date:
BY:
Bank Official Signature
- sad\agreemen\lakewd.sa
- 22 -
PROPOSAL B
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #40-97
REJECTION OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Lakewood Meadows Addition No. 2
WHEREAS, a Final Plat was originally submitted on October 21,
1996 for the 26-lot Lakewood Meadows Addition No. 2 Subdivision
in the SE 1/4 of Section 5; and
WHEREAS, the Preliminary Plat was approved in Resolution #329-91;
and
WHEREAS, the Plan Commission has recommended approval subject to
satisfactory fulfillment of concerns/conditions as identified by
the City Planning Department, Public Works Committee, the City
Engineer, and the State of Wisconsin Department of Agriculture,
Trade and Consumer Protection; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lakewood Meadows Addition No. 2 and the Finance
Committee has recommended approval; and
WHEREAS, Section 18.32(1)(i) of the Land Division Ordinance
states that all corrections required by the objecting and
placement on the Common Council agenda.
approving agencies shall be made to the final plat prior to
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby reject the Final Plat, Subdivider's
Agreement and Letter of Credit for the Lakewood Meadows Addition
No. 2 Subdivision based on corrections, if any, required by the
objecting and approving agencies which must be made to the final
plat prior to placement on the Common Council agenda.
DATED THIS DAY OF , 1996.
SPONSORED BY:
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #40-97 which was adopted by the Common Council of the
3/97 jmb
Clerk-Treasurer