CCR1997178aCOMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #178-97
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF CERTIFIED SURVEY MAP,
(Miller)
WHEREAS, a Certified Survey Map was submitted on March 21, 1997
to finalize a four-parcel division of the Miller property on
Racine Avenue in the SW 1/4 of Section 5; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Donald G. Miller, as attached, and the Finance
Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
does hereby approve the Certified Survey Map to finalize a
four-parcel division of the Miller property on Racine Avenue in
Engineer and all objecting and approving agencies, and receipt
the SW 1/4 of Section 5, subject to approval of the City
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 Donald G. Miller, as attached, are hereby
approved subject to approval of the City Attorney and City
Engineer, all of said approvals to be obtained within thirty
(30) days of the date of approval of this Resolution or the same
will be null and void.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to passage of Ordinance #921.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City.
DATED THIS DAY OF , 1997.
SPONSORED BY:
Ald. Nancy C. Salentine
Resolution #178-97 which was adopted by the Common Council of
This is to certify that this is a true and accurate copy of
the City of Muskego.
Deferred 7/22/97
7/97jmb
Clerk-Treasurer
. -. : ~.* .
City if Muskego. Waukesha County. Wisconsin.
.
BLUEPRINT
(414) 542-8200
COMPANY, INC.
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CERTIFIED SURVEY MAP NO.
Being a part of the SE 1/4 and NE 1/4 of the SW 114 of Section 5, T 5 N, R 20 E, in the
City of Muskego, Waukesha County, Wisconsin.
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BEARINGS REFER TO THE WISCONS~N
STATE PLANE CO-ORDINATE SYSTEM
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SUBDIVIDER'S AGREEMENT
This Agreement, made this day of 1997
by and between Donald G. Miller the "Subdivider" and the City of
Muskego, a municipal corporation of the State of Wisconsin, located
in Waukesha County, hereinafter called the "City".
WITNESSETH
proposed Final Plat for Miller Townhouses , a boundary description
WHEREAS, the Subdivider has submitted for approval by the City a
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, Section 236.13 of the Wisconsin Statutes provides that
as a condition of plat approval, the governing body of the City may
require that the Developer make and install certain public
improvements reasonably necessary for the Subdivision and further,
within the Subdivision, to be conditioned upon the construction of
may require dedication of public streets, alleys or other ways
said improvements according to municipal specifications without cost
to said municipality; and
0
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, Subdivider's plans
and specifications for subdivision improvements, and the City's Plan
Commission and Common Council have duly approved the CSM of Miller
Townhouses contingent upon the execution and performance of this
agreement by the Subdivider.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. 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
with the plans and specifications attached hereto,
to a tile or storm sewer system, all in accordance
made a part hereof and marked Exhibit "C". The City
retains the right to require the Subdivider to install
additional storm drainage and erosion control measures
prior to acceptance of improvements by the City of
Muskego.
0
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
must be verified by Developer's Engineer after
and seed. Establish dense vegetation. All grades
corners must be from exact to plus or minus two (2)
completion with the following tolerances: All lot
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 0
the City (not including model homes which are governed
improvements and the issuance of building permits by
by separate agreement), all storm sewers shall be
cleaned (See Section XI1.D).
B. 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 asbuilt 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 0
systems.
4. The Subdivider shall televise the sanitary sewer
system, repair any defects as determined by the City
Engineer, and supply video tape to City of Muskego, and
clean all sewer lines prior to the issuance of building
permits, except for model homes, and acceptance of
improvements by the City (See Section XI1.E).
C. LANDSCAPING:
1. Subdivider shall preserve existing trees outside of
the public right-of-way whenever practical, when
installing the Subdivision improvements.
2. Subdivider shall remove and lawfully dispose of: (a)
all old barns, outbuildings; (b) destroyed trees,
brush, tree trunks, shrubs and other natural growth;
(c) and all rubbish.
'3. Subdivider shall plant street trees in accordance with
and Resolution #P.C. 101-93.
Section 18.60 of the Muskego Land Division Ordinance
D. 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 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 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
permit at the time any vegetation is disturbed and are
responsible for obtaining a separate erosion control
responsible for controlling erosion on their lot.
5. Five Thousand Dollars ($5,000.00) from the
Letter of Credit (under Section XIV), shall be
determined by the Building Inspection Department. A
retained until adequate vegetation is established as
reduction of fifty percent (50%) of the Five
Thousand Dollars ($m.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 Five Thousand Dollars
($s.ooO.OO) portion of the Letter of Credit to
correct the terms of non-conformance. From time to
time, additional funds may be required in the
Developer's Deposit to cover the cost of maintenance
as deemed appropriate by the Department.
0
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
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 improvements set forth in Section I above shall be completed
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 City receives notice of the intention to terminate the
SECTION 111. DEDICATION:
Subdivider shall, without charge to the CITY, upon completion of the
Subject to all of the other provisions of this agreement,
above described improvements, unconditionally give, grant, convey
and fully dedicate the sanitary sewers, watermains, storm and
surface water drainage facilities (excluding those facilities which
are to be owned and maintained by the Homeowners Association) as
illustrated on Exhibit "A" and as described in the deed
restrictions, to the CITY, it successors and assigns, forever, free
and clear of all encumbrances whatever 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 said improvements, except
bituminous concrete Davement has been installed, when all said
roads and surface water drainage facilities, after the first lift of
utilities have been completed and approved by the City Engineers and
other agencies as applicable. 0
SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES:
signing of the Agreement, in accordance with Section 18.14 of the
Subdivider shall pay and reimburse the City in advance of the
@ CITY'S Land Division Ordinance and Ordinance No. 909, and at times
after billing, all fees, expenses and disbursements which shall be
specified herein, but in any event, no later than thirty (30) days
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 REOUIREMENTS:
The Subdivider shall:
A.
B.
C.
D.
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
restrictive to the building of homes beyond the applicable
lot lines or to the rear of the lots and are not any more
sideyard and offset distances required by the zoning for
such lots.
Manner of Performance: Cause all construction called
for by this Agreement to be carried out and performed in a
good and workmanlike manner.
Survey Monuments: Properly place and install any lot,
block or other monuments required by State Statute or City
Ordinance.
Deed Restrictions: Execute and record deed restrictions
and provide proof of recording prior to sale of lots by
Donald G. Miller in Miller Townhouses in the form attached
hereto, made a part hereof and marked Exhibit "G". The
deed restrictions shall contain the following language:
his lot in accordance with the Master Grading Plan on file
"Each lot owner must strictly adhere to and finish grade
in the office of the Subdivider and the office 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.
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. Siaht Distances: Restricts lots on the face of the plat
so that no structure of any kind which exceeds a height
of 2 1/2 feet above the center of the intersection shall
be permitted in the vision setback area in conformance with
Section 17:5.02(2) of the Zoning Ordinance.
G. Sumv Pumv 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.
H. Street Liahts: - 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
preconstruction meeting.
of Engineers before construction commences and prior to any
J. Sewer Extension Permits: (a) The City of Muskego has,
pursuant to the provision of Chapter 21 of the City Code,
granted the Subdivider Eight ( 8)
Residential Equivalent Connections (REC's) as defined in
Section 21.04 (22) of the City's Sewer Utility Ordinance,
Subdivider in all phases of this development including
for the development of all lands contemplated by the
future phases. Subdivider is using Eiaht( 8 ) 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
will then remain None(
in this agreement and as required by the City Code. There
) REC's of capacity for future
phases of the development.
automatically terminate and the allocation of said capacity
(b) The remaining None( ) REC's of capacity shall
shall cease to the extent that said sewer extension is not
make said certification, to be completely constructed and
certified, by a representative appointed by the City to 0
approved within four (4) years of the execution of the
present Subdivider's Agreement.
referred to above, request that the City enter into an
(c) The Subdivider may, within the four year period
development. Any remaining REC's which have not been used
additional Subdivider's Agreement for the next phase of the
within the four years as noted above may be extended
pursuant to the terms of said Subdivider's Agreement
provided, however, that the installation of sewer
when not prohibited by other ordinances or resolutions of
extensions must be secured as provided in this agreement or
City and under terms and conditions satisfactory to the
the City, upon other security deemed appropriate by the
City and in accord with the City's ordinances, resolutions
and policies herein shall expire within four years of the
date of execution of that subsequent Subdivider's Agreement.
Agreement(s) be entered into for subsequent phases. Any
(d) The Subdivider may request additional Subdivider's
such agreement shall be subject to the same terms and
conditions as stated in subsections (a), (b) and (c) above.
unused sewer capacity granted to the Subdivider as
(e) Notwithstanding any of the above provisions, all
referenced in this agreement shall automatically terminate
day of December, 2002.
and the allocation of said capacity shall cease on the 21st
L. Declaration of Restrictions: Provide a copy of signed
document if a Planned Unit Development.
SECTION VI. GUARANTEES:
The Subdivider shall guarantee the public roads and streets,
all other improvements described in Section I, Items A & B hereof,
sanitary sewers, watermains, surface water drainage improvements and
against defects due to faulty materials or workmanship provided that
such defects appear within a period of one (1) year from the date of
dedication and acceptance. The Subdivider shall pay for any damages
to CITY property resulting from such faulty materials or
workmanship. This guarantee shall not be a bar to any action the
CITY might have for negligent workmanship or materials. Wisconsin
law on negligence shall govern such situation.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any
provisions of this agreement or documents incorporated herein by
reference, Subdivider shall indemnify and save harmless, and agrees
reasonable legal, accounting, consulting, engineering and other
to accept tender of defense and to defend and pay any and all
expenses relating to the defense of any claim asserted or imposed
upon the CITY, its officers, agents, and employees, and independent
Contractors growing out of this agreement as stated above by any
party or parties. The Subdivider shall also name as additional
insured on its general liability insurance the CITY, its officers, 0
agents, and employees, and any independent contractors hired by the
CITY to perform service as to this Subdivision and give the CITY
evidence of the same upon request by the CITY.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the CITY'S
rights herein, the provisions of this Agreement shall be for the
benefit of the purchaser of any lot or any interest in any lot or
parcel of land in the Subdivision. Further, that the sale of any lot
or parcel shall not release the Subdivider from completing the work
on the attached Exhibits.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Subdivider shall have completed the improvements
herein 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 PERMIT: 0
The Subdivider 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 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
other authorities having jurisdiction in the premises.
similar permits, resolutions and documents as may be necessary from
2. 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 XTI.
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 either for the said 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.
B.
C.
D.
E.
The sanitary sewer, and surface water drainage
facilities required to serve such homes are connected
with an operational system as required herein, and
No Building Permits shall be issued prior to all
signatures being obtained on the Deed Restrictions,
(Exhibit "G" ) ,
Video tape of sanitary sewer system completed (See
Section I.D.4)
All lot grades shall conform to the Master Grading
Plan (See Section I.B.3).
Negative balance in Developer's Deposit is satisfied
unless otherwise authorized by the Planning Director
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the CITY'S ordinances are incorporated
herein by reference, and all such provisions shall bind the parties
hereto and be a part of this Agreement as fully as if set forth at
length herein. This Agreement and all work and improvements
required hereunder shall be performed and carried out in strict
accordance with and subject to the provisions of said ordinances.
SECTION XIV. FINANCIAL GUARANTEES:
A. LETTER OF CREDIT:
Prior to the execution of this agreement by the CITY, the
Subdivider shall file with the CITY a Letter of Credit
setting forth terms and conditions approved by the CITY
Attorney in the amount of $ as a guarantee that
the required plans, improvements, and approvals will be
completed by the Subdivider and his subcontractors no later
another date is provided within this Agreement and as a
than one (1) year from signing of the Agreement, except if
further guarantee that all obligations to the
subcontractors for work on the Subdivision are satisfied
(See Section XIV. D. regarding Developer's Deposit).
B. INVOICES :
addressed in the Letter of Credit, but attributable to the
Invoices documenting public improvements addressed and not
subject development shall be provided to the CITY at the time of the signing of this Subdivider's Agreement. 0
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
request (See Section X1V.D.).
form, lien waivers for all work which is subject of release
D. DEVELOPER'S DEPOSIT:
The Subdivider shall maintain a positive balance in the
Developer's Deposit. No release from the Letter of Credit
shall be entertained until the Developer's Deposit is
satisfied unless otherwise authorized by the Common Council
Section X1V.C.).
following a recommendation of the Finance Committee (See
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. 0
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
Subdividers. The fact that the City or it's engineers, or
landscaping and all other improvements shall be the
project shall not constitute a waiver, or relieve the
it's attorney, or it's staff may approve a specific
performance, and function of the Development and related
Subdivider from ultimate responsibility for the design,
infrastructure.
SECTION XVI. ASSIGNMENT:
Subdivider shall not assign this Agreement without the written
consent of the CITY.
SECTION XVII. AMENDMENTS:
agreement, by written agreement between the CITY and the Subdivider.
The CITY and the Subdivider, by mutual consent, may amend this
Agreement to be signed by their appropriate officers and their seals
IN WITNESS HEREOF, Subdivider and CITY have caused this e
to be hereunto affixed in duplicate original counterparts on the
date and year first written above.
Subdivider:
By :
By :
By :
STATE OF WISCONSIN ) SS WAUKESHA COUNTY )
PERSONALLY came before me this
1994,
the person who executed the foregoing instrument and acknowledged
the same.
day of
to me known to be
Notary Public-State of Wisconsin
My Commission Expires
CITY OF MUSKEGO:
BY :
David L. De Angelis, Mayor
BY :
Jean Marenda, City Clerk/Treasurer
STATE OF WISCONSIN ) SS WAUKESHA COUNTY 1
PERSONALLY came before me this
199 , 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
Clerk/Treasurer of said municipal corporation, and acknowledged that
instrument, and to me known to be such Mayor and City
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
day of , 199 .
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of
the Subdivider's Agreement for Subdivision,
Muskego, Wisconsin, as entered into on the day of , 199 , by and between
and the CITY OF MUSKEGO,
pursuant to the authorization by the Common Council from their
meeting on the day of , 199 .
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 199 .
(Notary Public)
MY commission expires