CCR1997179COMMON COUNCIL - CITY OF MUSKEGO
AMENDED
RESOLUTION #179-97
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
Deer Creek Addition No. 1
WHEREAS, a Final Plat was submitted on April 18, 1997 for the
Deer Creek Addition No. 1 Subdivision in the SW 1/4 of Section
10; and
WHEREAS, the Preliminary Plat was approved in Resolution #26-95;
and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for the Deer Creek Addition No. 1 Subdvision, 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 Deer Creek Addition
City of Muskego, upon the recommendation of the Plan Commission,
No. 1 Subdivision, 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, as amended, for Deer Creek Addition No. 1, 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 #937.
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 22nd DAY OF JULY , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of
Resolution #179-97 which was adopted by the Common Council of @ the City of Muskego.
"
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #179-97
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
Deer Creek Addition No. 1
WHEREAS, a Final Plat was submitted on April 18, 1997 fo
Deer Creek Addition No. 1
10; and
WHEREAS, the Preliminary Plat was approved in Resolu
and
WHEREAS, the Plan Commission has recommended appr
WHEREAS, the Subdivider's Agreement and Letter Credit have
been received for the Deer Creek Addition No.
attached, and the Finance Committee has reco
ubdvision, as
NOW, THEREFORE, BE IT RES
City of Muskego, upon the recommendation
does hereby approve the Final Plat for t
he Plan Commission,
er Creek Addition
No. 1 Subdivision, subjec
all objecting and approvi
provided in Section 18.14 of the Land ision Ordinance and any
special assessments which may be due.
BE IT FURTHER RESOLVED that the Su
Letter of Credit for Deer
hereby approved subject t
City Engineer, all of sai
thirty (30) days of the date proval of this Resolution or
the same will be null and voi
BE IT FURTHER RESOLVED tha
subject to passage of Ordi
proval of this Resolution is
BE IT FURTHER RESOLVED th
authorized to sign the n
City.
DATED THIS , 1997.
SPONSORED BY: / FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to rtify that this is a true and accurate copy of
the City o Muskego.
Resolution 179-97 which was adopted by the Common Council of P / Clerk-Treasurer
SU3DlVU)ER’S AGREEMENT
This Agreement, made this day of by and
between Premier Development, 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 subdwider has submitted for approval by the City a proposed
Final Plat for Deer Creek Addition # 1 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 Ofice of the City
Clerk, for whch 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, may require dedication of public streets, alleys or other ways within the
Subdvision, to be conditioned upon the construction of said improvements according to
municipal specifications without cost to said municipality; and
WHEREAS, the City’s Engineers, the City’s Public Works Committee, Public
Utility Committee and Finance Committee have duly approved, contingent of certain
other approvals, Subdvider’s plans and specifications for subdivision improvements,
and the City’s Plan Commission and Common Council have duly approved the final plat
of Deer Creek Addition #1 contingent upon the execution and performance of this
agreement by the Subdivider.
NOW, THEREFORE, in consideration of the covenants herein contained, the
parties hereto agrees as follows:
SECTION I. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in Deer Creek Addition #I
Subdivision in accordance with the plat of said Subdivision and
the plans and specifications attached hereto, made a part hereof
and marked Exhibit”B”, all in accordance with the City’s street
specifications.
SUB ARGMNT DEER CREEK
Page 2
2. Paving of Deer Creek Addition #I Subdivision streets and
pedestrianhike paths 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, hsh 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 Ehbit “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.
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 dmnage 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 comers
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 XILF.)
4. At subdivider’s expense, and prior to acceptance of improvements
and the 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 XI1.D.)
SUB ARGMNT DEER CREEK
Page 3
C. WATER.
1 Subdivider shall construct, install, furnish, and provide a complete
system of water supply and distribution, throughout the entire
Subdivision, as approved by the City Engineer and in accordance
with the plans and specifications attached hereto as Exhibit “D’
The cost oft he preparation of asbuilt plans shall be paid by the
Subdivider.
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 from hydrants shall be metered and a permit taken
out through the City of Muskego.
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
D. SANITARY SEWER.
1 Subdivider shall consmct, 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 systems.
SUI3 ARGMNT DEER CREEK
Page 4
4. The Subdivider shall televise the sanitary sewer system, repair any
defects as determined by the City Engineer, and supply video tape
to the 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:
I. Subdivider shall preserve existing trees outside of the public right-
of-way whenever practical, when installing the Subdivision
improvements.
2. Subdviders shall remove and lafilly 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 Section 18.60
of the Muskego Land Division Ordnance and Resolution #P.C.
101-93.
F. EROSION CONTROL MEASLIRES: e
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 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 turfcover 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. 0
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SUB ARGMNT DEER CREEK
Page 5
5. ($ )from the Letter of
Credit (under Section XIV), shall be retained until adequate
vegetation is established as determined by the Building Inspection
Department. A reduction of fifty percent (50%) of the
Letter of Credit is allowable upon verification of fifty percent
(50%) of hstuhed 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
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.
($ ) portion of the
($ ) portion of the Letter of Credit to correct the terms of
SECTION U. TME 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. All pedestrianhike paths shall be installed
simultaneously with the first lift of road pavement. The final surface course pavement
shall be deferred until ninety percent (90%) of the homes have been completed or 36
months after the installation of the first lift of asphalt, whichever comes first.
If the final surface 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 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 immehately draw against the Letter of Credit.
SECTION 111. 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, bike paths,
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’s
successors and assigns, forever, free and clear of all encumbrances whatever together
SUE3 ARGMNT DEER CREEK
Page 6
with and including, without limitation because of enumeration, any and all land,
buildings, structures, mains, conduits, pipe lines, plant, machinery, equipment,
appurtenances and hereditaments which may in any way be a part of or pertain to such
improvements and together with any and all necessary easements for access thereto. The
City will be receptive to the dedications of said improvements, except roads and surface
water drainage facilities, after the first lift of bituminous concrete pavement has been
installed, when all said utilities have been completed and been installed, when all said
utilities have been completed and approved by the City Engineers and other agencies as
applicable.
SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES:
Subdivider shall pay and reimburse the City in advance of the signing of
Agreement, in accordance with Section 18.14 of the City’s Land Division Ordinance and
at times specified herein, but in any event, no later than thirty (30) days after billing, all
fees, expenses and disbursements which shall be incurred by the City prior to and
following the date hereof in connection with or relative to the construction, installation,
dedication and acceptance of the improvements covered by Section I, including without
limitation by reason of enumeration, 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. Easements: Provide any easements on SuMvider’s land deeded necessary
by the City Engineers prior to the Final Plat 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 street signs, traffic
signs and posts, including the cost of their installation.
C. Manner of Performance- Cause all construction called for by this
Agreement to be carried out and performed in a good and workmanlike
manner,
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SUB ARGh4T DEER CREEK
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D. Survev Monuments: Properly place and install any lot, block or other
monuments required by State Statute or City Ordinance.
E. Deed Restrictions: Execute and record deed restrictions and provide proof
of recording prior to sale of lots by Premier Development, Inc. in Deer
Creek Addition #1 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 tile in the ofice of the
Subdivider and the oftice of the City Building Inspector unless a change is
approved by the City Engineer. The Subdivider and/or the City andor 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 condtions and the property owner is
responsible for the cost of the same.”
F. 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.
G. Sight Distances: Restricts lots on the face of the plat so that no structure
of any kind which exceeds a height of 2 ‘h feet above the center of the
intersection shall be permitted in the vision setback area in conformance
with Section 17:5.02 (2) of the Zoning Ordinance.
H. Sump Pump 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.
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I. Street Lights: Install street lights in accordance with Section 18.091 I of
the City’s Land Division Ordinance.
J. Permits: Submit to the City valid copies ofall agency permits including
the Wasconsin D.N.R. and U.S. Army Corps of Engineers before
construction commences and prior to any pre-construction meeting.
SUB mcwr DEER CREEK
Page 8
K. Sewer Extension Permits: (a,) The City of Muskego has, pursuant to the
provision of Chapter 2 I of the City Code, granted the Subdivider sw three (73) Residential Equivalent Connections (REC's) as defmed 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 this phase. Subdivider is using thirty-six (36)
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 one (I) REC of
capacity.
(b.) Notwithstanding any of the above provisions, 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
the 21" day of December, 2002.
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, 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 (I) 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 VI1. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions of this
agreement or documents incorporated herein by reference, Subdwider shall indemnify
and save harmless, and agrees to accept tender of defense and to defend and pay any and
all reasonable legal, accounting, consulting, engineering and other expenses relating to
the defense of any claim asserted or imposed upon the City, its officers, agents, and
employees, and independent contractors growing out 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 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.
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SECTION VlII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The SuMvider 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 PERMITS:
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 (Ord. #560). No construction or grading can
begn until said permit is received from the City.
SECTION XI. CONSTRUCTION PERMITS, ETC ... .
1. The City shall, withm its authority, issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit
the SuMvider 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.
2. The City shall, as a condition of the Subdwider 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 XII.
a
SUB ARGMNT DEER CREEK
Page IO
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.
F.
G.
The sanitary sewer, water and surface water drainage facilities required to
serve such homes are connected with an operational system as required
herein, and
The Buildng Inspector verifies that the installation of the bituminous
concrete base course pavement has been installed including
pedestrianhike paths.
No Build~ng Permits shall be issued prior to all signatures being obtained
on the Deed Restrictions, (Exhibit “G”),
Cleaning of storm sewer system completed (See Section I.B.4).
Video tape of sanitary sewer system completed (See Section I.D.4).
All lot grades shall conform to the Master Gdng Plan (See Section
1.B.3).
Negative balance in Developer’s Deposit is satisfied unless otherwise
authorized by the Planning Director.
SECTION XIIl. 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 the
subject to the provisions of said ordinances.
SUB ARGMNT DEER CREEK
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SECTION XIV. FNANCIAL GUARANTEES:
A. LETTER OF CREDIT:
Prior to the execution of this agreement by the City, the Subdivider shall
tile with the City a Letter of Credit setting forth terms and conditions
approved by the City Attorney in the amount of $6l5,199.00 as a
guarantee that the required plans, improvements, and approvals will be
completed by the Subdivider and his subcontractors no later that 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 Subdivision are satisfied (See Section XIV
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.
C. RELEASE OF FUNDS FROM LETTER OF CREDIT:
The Subdivider shall provide City with a wTitten request to the Finance
Committee accompanied by: Request for Amendment of 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. DEVELOPER’S DEPOSIT:
The Subdivider shall maintain a positive balance in the Developer’s
Deposit. No release from the Letter of Credit shall be entertained until
the Developer’s Deposit is satisfied unless otherwise authorized by the
Common Council following a recommendation of the Finance Committee
(See Section X1V.C.).
SUB ARGMNT DEER CREEK
Page 12
SECTION XV. PARTIES BOUND:
Subdivider or his assignees shall be bound by the terms of this agreement or any
pari herein as it applies to any phase of the development of the Subdivision.
SECTION XVI. ASSIGNMENT:
Subdwider shall not assign this Agreement without the written consent of the
City
SECTION XW. AMENDMENTS:
The City and the Subdivider, by mutual consent, may amend tlus agreement, by
written agreement between the City and the Subdivider.
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Page 1 3
IN WITNESS HEREOF. Subdivider and Cih, have caused this Agreement to b
signed by their appropriate oficers and their seals to be hereunto affixed in duplicate
original counterparts on the date and year first written above.
PREMIER DEVELOPMENT, INC.
By:
Clark Tabbert, President
By:
Keith L. Lillquist, Vice President
CITY OF MUSKEGO:
0 By:
David L. De Angelis, Mayor
By:
Jean Marenda, City Clerk1 ~~CU~U~PU'
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of ~ 1997,
to me known to be the person who
executed the foregoing instrument and acknowledged the same.
e Notary Public-State of Wisconsin
My Commission Expires
SUB ARGMNT DEER CREEK
Page 14
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 1997, 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 foregoing instrument as
such ofticers as the deed of said municipal corporation by its authority and pursuant to
the authorization by the Common Council form their meeting on the day of
, 1997
Notary Public-State of Wisconsin
My Commission Expires
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SUB ARGMNT DEER CREEK
Page 15
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CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdvider’s
Agreement for Deer Creek Subdivision, Muskego, Wisconsin, as entered into on the
and the City of Muskego, pursuant to the authorization by the Common Council from
their meeting on the day of ,1997
day of , 1997, by and between Premier Development, Inc.
lean Marenda, City Clerk
Clerk of the City of Muskego
SUB ARGMNT DEER CREEK
Page 16
LIST OF EXHIBITS
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
E&IT
A
B
C
D
E
F
G
H
J
BOUNDARY DESCRIPTION & FINAL PLAT
GRADING PLAN
STORM SEWER PLAN
WATER PLANS
SANITARY SEWER
EROSION CONTROL PLAN
DEED RESTRICTIONS
SUMP PUMP DRAINS & CLEANOUTS
DECLARATION OF RESTRICTIONS
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PUl3LIC MPROVEMENT COST BREAKDOWN
Amount
1. Road Construction
a. Excavation to subgrade
b. Stone base material
c. Bituminous base come pavement
d. Bituminous surface course pavement
e. Concrete pavement
E Other
g. Engineering inspections
TOTAL
2. Site Grading-Landscaping
a. Lot @ng
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction - including pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
g. Eiosion control
h. Engmeering inspections
i. Erosion control bond
TOTAL
3. Topsoil, SeedindSodding
a. Road ditch area
b. Terrace areas-in R.0.W
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering inspections
g. Other
TOTAL
MPROVEMENT COST BREAKDOWN
4. Concrete Improvements
a. Curb & gutter
b. Sidewalk
c. Blvd./traffic islands
d. Ditch inverts
e. Engineering inspections
f. Other
TOTAL
5. Sanitary Sewer System
a. Mains, risers, & manholes
b. Laterals
c. Dumping station & generator
d. Force main
e. Grinder pumps & chamber-individual dwelling
E Engineering Inspections
g. Other
TOTAL
6. Water Main System
a. Mains, valves, & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering inspections
f. Other
TOTAL
7 Storm Sewer System
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Drain tile
e. Headwallsldischarge structures
f. Engineering inspections
g. Other
TOTAL
IMPROVEMENT COST BREAKDOWN
8. SpecialMisc. Improvements & Retainage
a. Street lights
b. Street signs
c. Signs as specified by City
d. Asphalt bike path
e. Other
TOTAL,
9. Fees
a. City administration
b. Engineering inspections - See each Section
(required for all Letters of Crdt)
c. Engineering - as built drawings for w/s
e. Land acquisition
f. Other
TOTAL.
MINUS OVERSIZING COSTS u
TOTAL PROJECT ESTIMATE
d. Legal
1 * 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 ahstrative fee of $25.00 plus
$50.00 per public improvement category; excepting the categories of SpeciaVMisc.
Imurovements and Fees. (Categories 8 & 9)
BUILDERS MORTGAGE CORPORATION
403 Jackson Street, Sulto 301
Anoka, MN 65303
(612) 323-0823, Fax (612) 323-QlO5
ConrOucdon Loan Spacirbstc hr Prokraionrl Bwldvrs "
IRREVOCABLE STANOBY OOCUMENTARY CREDIT
CREDIT NO:
DATE:
Applfant:
Benrfipy:
I
Premier Development, Inc.
505 Capitol Drive
Pewaukee. Wl53072
City of Muskego
W1.32 S8ZOO Reclne Avenue
MUS~~QO, WI 53150
AMOUNT: $
.- - ._
e
We hereby ioaue thlJ inevacable documentary credit in your favor in the ernaunt Of
U.S.) which Is available by benekiary's draft(s) at sight dnwn on Builders Morlgege
Corporution. Eech draft accompanying documents must state 'Drawn under Builders
Mortgage Corporation's Documentary Credit No.
This Standby Credit io to provide a guarantee to the Clty of Muskego for the
paformenee of Premler Development. Inc.'s obligations under that certain agreement
dated -, I997 between the City of Muskego and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statemsnt signed by Ihe Mayor 01 the C~ty of Musks90 stating that Premler
Developmenl. Inc has failed to complete the construction of subdivision improvements
In accordance wlth said Agreement. Said statemant shell set forth the estimated
amount nmcmssery for the City of Muskego to complete su&. mprovements
Contlnued on page two (2). whlch is an integral part of thls Standby Credlf.
- -. .. "._ -. m/lOO Dollars ($"
-
"
0
e
Page 2, An integral par( of Standby Credit No.
SPECIAL CONDITIONS:
This Standby Credit will terminate! on or 90 days provldsd, however,
Bu~lders Mortgage Corporation shall give wrlnen notice to tke beneficiary of its intention
to terminate this Standby Credit 81 least 80 days prior to . Affer the dale
stated in this persgraph, Ihls Letter of Credlt csn oniy twminete upon-90 days written
notice to the Ponoficlery.
It is hereby agreed by all parties hereto that the reference to "Agreement' is for
Menlicetion purposes only end such reference shall not be construed in 8ny manner to
require Builders Martgage Corporation to inquire Into Its term and obligation.
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 explration date. This original
Standby Credit must be submltted to us together with any drawings hereunder for our
endonement of any payments sffected by us adw for cancellottons.
Very truty ywm,
BUILDERS MORTGAGE CORPORATION
Ronald G. Stranon
Presidenl
RGSh