CCR1997183COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #183-97
APPROVAL OF FINAL PLAT,
SUBDIVIDERS AGREEMENT AND LETTER OF CREDIT
Park Estates
WHEREAS, a Final Plat was submitted on May 12, 1997 for the Park Estates
Subdivison in the SE X of Section 18 to create 22 single family lots and 5 duplex lots;
and
WHEREAS, the Preliminary Plat was approved in Resolution #50-97; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for
the Park Estates Subdivision, as attached, and the Finance Committee has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
Final Plat for the Park Estates 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.
0 BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit, as
amended, for the Park Estates Subdivision, 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 #939.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
DATED THIS 12TH DAY OF AUGUST, 1997
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #183-97 which was
adopted by the Common Council of the City of Muskego.
8/97jrnb
CITIZENS BANK OF MUKWONAGO
M~T 0ff.c 301 N. RochulcrSi.
Mulrwonago, Wl.531490223
P.O. Box 223
fa: (414) 363-6515
(414) 3636500
BigBmdOfjk
W230 S9l25 Chk SI.
Bip&nd,,Wl53103022Q
P.O. Box 220
far: (414) 662-2418
(4'14) 662-3561
Gmrr office
P.O. Box 97
Cmre Dcpor. WI 53127-7
(414) 968-6500
far: (414) 968-5505
07 S4821 Hly. 83
W236 S7050 Big Bnd Dr.
P.O. Box 250
Bip Ed, W153 103-0250
(414) 662-2727
fox: (414) 662-4755
vnm office
~~WOnrnOfFcL
827s. Rockrrcr St.
Mdwmp. Wl53149-1653
Suj* 104
(414) 363-6400
far: (414) 363-6405
Muckgo Cffice
In rhc Pili 'n Saw Smr
S74 W1700J jmrwnlle Rd.
Murkgo, WI 53150-0344
P.O. Bo144
(414) 422.9200
far: (414) 422-9999
In rk Vilkqe Morktploce
Ear TT~ Office
3238 W. Moin SI s, WI 531200173
P.O. Box 173
f414) M2-67W
(414) 642-6709
ESTABLISHED 1892
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
DATE :
LETTER OF CREDIT II
AMOUNT: $
APPLICANT: PEGARL L.L.P.
Muskego, WI 53150
BENEFICIARY: CITY OF MUSKEG0
W182 S8200 Racine Avenue
Muskego, WI 53150
Dear Sirs:
We hereby i.ssue this irrevocable documentary credit in your favor
which is available by beneficiary's draft(s) at si.ght drawn on the
Citizens Bank of Mukwonago. Each draft's accompanying documents
must state "Drawn under Citizens Bank of Mukwonago Documentary
Credit No. I,
Thi.s Standby Credit is to provide a guarantee to the Ci.ty of Muskego
for the performance of PEGARL L. L.P. obligations under that certain
agreement dated between the City of Muskego and applicant;
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that
PEGARL L.L.P. has failed to complete the construction of subdivi.si.on
i.mprovements in accordance with said Agreement. Said statement shall
set forth the estimated amount necessary for the Ci.ty of Muskego to
complete such improvements.
SPECIAL CONDITIONS
This Standby Credit will terminate on
however, the Citizens Bank of Mukwonago shall given written notice
to the beneficiary of it's intention to terminate this Standby Credit
at least 90 days prior to . AEter the date, this
-Letter of Credit can only terminate upon 90 days written notice to
the benefi.ciary.
It is hereby agreed by all perties hereto that the reference to
Mukwonago" to inquire into it's term and obligations.
shall not be construed in any manner to require "Citizens Bank of
We engage wi.th 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 wi.th any drawings hereunder for our
endorsement of any payments effected by us and/or for cancellations.
Sincerely,
, provided,
e, Agreement" is for identification purposes only and such reference
Douglas R. Brui~ns, V.P.
Citizens Bank oE Mukwonago
SUBDIVIDER'S AGREEMENT
This Agreement, made this
by and between PEGARL L.L.P.
the "Subdivider" and the City of Muskeqo, a municiDa1 COrDOratiOn of
day of
the State of Wisconsin, located in Waukesha County; hereinafter
called the "City".
WHEREAS, the Subdivider has submitted for approval by the City a
proposed Final Plat for Park Estates
description of which is attached hereto as Exhibit A, the original
, a boundary
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,
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 municipality; and
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 final plat of
Park Estates cpntingent upon the execution and performance Of
this agreement by the Subdivider.
WHEREAS, the City's Engineers, the City's Public Works
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in
Park Fct=tnc in accordance with the plat of said Subdivision and the plans and specifications
attached hereto, made a part hereof and marked Exhibit
0
I.
I, B I,
specifications.
, all in accordance with the City's street
2. Paving Of Pasadena Drive as shown on
Exhibit "A" shall be completed according to City
Standards. Bike / gedestrian path shall be completed according to Clty tandards.
B. STORM SURPACE WATER DRAINAGE AND MASTER GRADING PLAN: ..
1. Subdivider shall construct, install, furnish and
provide facilities as approved by the City Engineer
drainage throughout the entire Subdivision, and a
and Public Works Committee. for storm and surface water
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.
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)
minus six (6) inches. House pads from exact to minus
inches. Overall lot grades must be from exact to
twelve (12) inches. All swales and ditches must be
graded to exactly minus three (3) inches to.allow for
stqndard finish. (See Section XI1,F.)
4. At Subdivider's expense, and prior to acceptance Of
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).
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 of the 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 construct, install, furnish, and
provide a complete sanitary sewage collection system
City Engineer and the Public Utilities Committee all
throughout the entire Subdivision, as approved by the
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
public property to enter upon and install the above
easements as may be requited by any public street or
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. Thd' Subdivider shall televise the sanitary sewer
system, repair any defects as determined by the City
clean all sewer lines prior to the issuance of building
Engineer, and supply video tape to City of Muskego, and
permits, except for model homes, and acceptance Of
improvements by the City (See Section X1I.E).
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.
3. Subdivider shall plant street trees in accordance with
Section 18.60 of the Muskego Land Division Ordinance
and Resolution #P.C. 101-93.
F. EROSION CONTROL MEASURES:
1.
2.
3.
4.
5.
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 Engine.er and the Building
Inspection Department attached hereto as Exhibit "F"and
Chapter 29 of the City's Municipal Code.
in accordance with the plans and specifications with
Install silt fencing in conformance with the approved
plans prior to the grading and construction work.
until such time as turf cover is established in the
Such fences shall be maintained by the Subdivider
day notice to the City.
Subdivision. No grading shall occur without'a two (2)
Mulching and seeding of all disturbed areas to comply
with Chapter 29.
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.
Six Thousand Dollars ($6,000 .OO) 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 six
Letter of Credit is allowable upon verification Of
Thoysand Dollars ($6,000 .OO) portion of the
fifty percent (50%) of disturbed areas are vegetated.
Inspection Department of non-compliance of Chapter 29,
If, upon a written notification by the Building
the terms are not corrected within five (5) days, the
City may utilize the six Thousand Dollars
correct the terms of non-conformance. From time to
($ 6,000.00) portion of the Letter of Credit to
time, additional funds may be required in the
Developer's Deposit to cover the cost of maintenance
as deemed appropriate by the Department.
..
.-
SECTION 11. 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 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 immediately draw against the Letter of Credit. ..
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
watermains, storm and surface water drainage facilities (excluding
and fully dedicate the roads and streets, sanitary sewers, bike path,
Homeowners Association) as illustrated on Exhibit "A" and as
those facilities which are to be owned and maintained by the
described in the deed restrictions, to the CITY, it successors and
assigns, forever, free and clear of all encumbrances whatever
together with apd including, without limitation because of
enumeration, any and all land, buildings, structures, mains,
and hereditaments which may in any way be a part of or pertain to
conduits, pipes lines, plant, machinery, equipment, appurtenances
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
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
CITY'S Land Division Ordinance and at times specified herein, but
signing of the Agreement, in accordance with Section 18.14 of the
in any event, no later than thirty (30) days after billing, all
prior to and following the date hereof in connection with or
fees, expenses and disbursements which shall be incurred.by the CITY
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
assure and implement such compliance. Failure to pay or reimburse
the City in a timely manner may cause the City to cease all
outstanding inspection and administration fees have been satisfied.
construction inspections until such time as all anticipatsd or
ordinances; legal, administrative and fiscal work undertaken to
SECTION V. MISCELLANEOUS REQUIREMEHTS:
The Subdivider shall:
A. 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
lot lines or to the rear of the lots and are not any more
restrictive to the building of homes beyond the applicable
sideyard and offset distances required by the zoning for
such lots.
B. Street Siqns: Reimburse the CITY for the cost of all
of their installation.
street signs, traffic signs and posts, including the cost
C. Manner of Performance: Cause all construction called
for by this Agreement to be carried out and performed in a
good and workmanlike manner.
D. 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 PEGARL L.L.P. "
in Park Estates in the form attached hereto, made a
part hereof and marked Exhibit "G". The deed restrictions
shall coqtain 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 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 ."
.-
I
F. Grades: Furnish to the Building Inspector and the CITY
each lot, the finished yard grade, the grade of all four
a copy of Exhibit "C" showing the street grade in front of
(4) corners of the lot and grades of the buildings on
proposed.
adjoining lots, where applicable, as existing and as
G. Siqht Distances: Restricts lots on the face of the plat
of 2 1/2 feet above the center of the intersection shall
so that no structure of any kind which exceeds a height
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 Plumbins Inspector of the CITY a CODY of storm drains
and clean o6t locations in the form atteched 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 Liqhts: Install street lights in accordance with
Section 18.0911 of the City's Land Division Ordinance.
J. Permits: Submit to the CITY valid copies of all agency
permits including the Wisconsin D.N.R. and U.S. Amy Corps
of Engineers before construction commences and prior to any
preconstruction meeting.
X. Sewer Extension Permits: (a) The City of Muskego-has.
pursuant to the provision of Chapter 21 of the City Code,
granted the Subdivider thirty-four (34 1
Residential Eauivalent Connections (REC's) as defined in
I.
I ~~ ~~
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 usingthirty-four (34 1
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.
(b) The remaining n/a b/a ) REC's of capacity shall automaticallv terminate and the allocation of said
capacity shall cease to the extent that said sewer
by the City to make said certification, to be completely
extension is not certified, by a representative appointed
execution of the present Subdivider's Agreement.
constructed and approved within four (4) years of the
(c) The Subdivider may, within the four year period
referred to above, request that the City enter into an
additional Subdivider's Agreement for the next phase of the
within the four years as noted above may be extended
development. Any remaining REC's which have not been used
.
pursuant to the terms of said 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 by the
City and in accord with the City's ordinances, resolutions
City and under terms and conditions satisfactory to the
date of execution of that subsequent Subdivider's Agreement.
and policies herein shall expire within four years of the
(d) 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 (a), (b) and (c) above.
(e) Notwithstanding any of the above provisions, all
unused sewer capacity granted to the Subdivider as
and the allocation of said capacity shall cease on the 21st
referenced in this agreement shall automatically terminate
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,bike path,
sanitary sewers, watermains, surface water drainage improvements and
all other improvements described in Section I, Items A, B, C, & D,
provided that such defects appear within a period of one (1) year
hereof, against defects due to faulty materials or workmanship
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:
I
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,
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 cI'?y's
rights herein, the provisions of this Agreement shall be for the
parcel of land in the Subdivision. Further, that the sale of any lot
benefit of the purchaser of any lot or any interest in any lot or
or parcel shall not release the Subdivider from completing the work
on the attached Exhibits.
SECTION IX. ACCEPTANCE OP'WORK AND DEDICATION:
herein.required, and shall dedicate the same to the CITY as set
forth herein, the same shall be accepted by the CITY if said
as required by applicable CITY ordinances and other applicable law
improvements have been completed as required by this Agreement and
and approved by the City Engineer, City Finance Committee and Common
Counc i 1.
SECTION X. EROSION CONTROL PLAN AND PERMIT:
As.and when the Subdivider shall have completed the improvements
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 begin
until said permit is received from the CITY.
The Subdivider shall submit to the CITY, an application for a
SECTION XI. CONSTRUCTION PERMITS, ETC...:
adopt such resolutions, ,and execute such documents as may be
necessary to permit the Subdivider to construct the impro6ements 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.
1. The CITY shall, within its authority, issue such permits,
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 XII.
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. 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.
C. No Building Permits shall be issued prior to all
signatures being obtained on the Deed Restrictions,
(Exhibit "G" ) ,
D. Cleaning of storm sewer system completed (See Section
I.B.4).
E, Video tape of sanitary sewer system completed (See
F. All lot grades shall conform to the Master GGading
Section I.D.4)
Plan (See Section I.B.3).
G. Negative balance in Developer's Deposit is satisfied
unless otherwise authorized by the Planning Director.
SECTION XIII. GENERAL CONDITIONS AlQD REXWLATIONS:
herein by reference, and all such provisions shall bind the parties
All the provisions of the CITY'S ordinances are incorporated
hereto and be a part of this Agreement as fully as if set forth at
required hereunder shall be performed and carried out in strict
length herein. This Agreement and all work and improvements
accordance with and subject to the provisions of said ordinances.
SECTION XIV. FINANCIAL GUARAUTEES:
A.
B.
C.
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 a roved by the CITY
Attorney in the amount of $ 5441000. BB as a guarantee that
the requi,red plans, improvements, and approvals will be
complete4 by the Subdivider and his subcontractors no later
than one (1) year from signing of the Agreement, except if
another date is provided within this Agreement and as a
further guarantee that all obligations to the
subcontractors for work on the Subdivision are satisfied
(See Section XIV. D. regarding Developer's Deposit).
INVOICES :
addressed in the Letter of Credit, but attributable to the
Invoices documenting public improvements addressed and not
subject development shall be provided to the CITY at the
time of the signing of this Subdivider's Agreement.
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
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 o'f 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.).
SECTION XV. PARTIES BOUND:
1. Subdivider or his assignees shall be bound by the
any phase of the development.
terms of this agreement or any part herein as it applies to
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, or relieve the
Subdivider from ultimate responsibility for the design,
performance, and function of the Development and related
infrastructure.
SECTION XVI. ASSIGNMENT:
Subdivider shall not assign this Agreement without the written
consent of the CfT'I.
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 WITNESS HEREOF, Subdivider and CITY have caused this
Agreement to be signed by their appropriate officers and their seals
to be hereunto affixed in duplicate original counterparts on the
date and year first written above.
0 Subdivider:
PEGARL L.L.P.
0 By :
Wayne G. Salentine
By :
Reno R. Berg
By :
CITY OF MUSKEGO:
BY :
David L. De Angelis, Mayor
BY:
Marenda, City Clerk Jean
STATE OF
WAUKESKA
WISCONSIN )
COUNTY 1
I'
ss
PERSONALLY came before me this day of
1994,
the person who executed the foregoing instrument
the kame.
to me knQwn to be
and acknowledged
Notary Public-State of Wisconsin
My Commission Expires
STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) 0
PERSONALLY came before me this
City Clerk, of the above-named
1994, the above named David L.
Muskego, to me known to be the
instrument, and to me known to
day of I De Angelis, Mayor, and Jean Marenda,
municipal corporation CITY of
persons executed the foregoing
be such Mayor and City Clerk of said
municipal corporation, and acknowledged that they executed the
corporation by its authority and pursuant to the authorization by
foregoing instrument as such officers as the deed of said municipal
the Common Council from their meeting, on the day of , 1994.
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 , 1994, by and between
and the CITY OF MUSKEGO,
pursuant to the authorization by the Common Council from their
meeting on the day of , 1994.
PUBLIC IMPROVEMENT COST BREAKDOWN
Indicate the cost of each public improvement to be installed. List
estimates shall be submitted with this breakdown. The City Engineer will
amounts for each category and sub-category item. Contractors bid
Amount
1. Road Construction
a. Excavation to subgrade" erosion control 59,431.
b. Stone base material 21,100.
.d. Bituminous surface course pavement
c. Bituminous base course pavement
e. Concrete pavement 1 asphalt 35,435.
f. Other cleaning b Janesville Road 26,765.
g. Engineering inspections
TOTAL
8,000
e
I
e
2. Site Grading-Landscaping
a. Lot grading 32,570.
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl. pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
h. Engineering inspections
g. Erosion control
i. Other bike path
TOTAL $46.920.00
7,000.
3,000.
3. Topsoil, Seeding/Sodding
a. Road ditch area
b. Terrace areas-in R.O.W.
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering inspections
g. Other
TOTAL
It
. ..
-~
16.519.
6,000.
4. Concrete Improvements
a. Curb h gutter 25,800.
b. Sidewalk
c. Blvd./traffic islands
d. Ditch inverts
e. Engineering inspections 6,000.
TOTAL
f. Other
$31.,800.QO
5. Sanitary Sewer System
a. Mains, risers & manholes
b. Laterals
c. Dumping station & generator
d. Force main
e. Grinder pumps h chamber-
individual dwelling
f. Engineering Inspections
g. Other
TOTAL
60,862.
18,696.
8.non
$87,558.00
Public Improvement Cost Breakdown
Page 2
Amoullt
6. Water Main System
a. Mains, valves, & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering inspections
TOTAL
f. Other
7. Storm Sewer System
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Drain tile
e. Headwalls/discharge structures
f. Engineering inspections
g. Other
TOTAL
8. Special/Misc. Improvements & Retainage
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion control/Vegetation Retainage
e. Other
TOTAL
61,466.
11,118.
8,000.
$80,584.00
86,806.
7,000.
$93,806.00
1,500.
500.
23,000.
$25,000.00
9. Fees
a. City administration
b. Engineering inspections-See each Section
(required for all Letters of Credit)
c. Engineering-as built drawings for w/s. 2,400.
d. Legal 1,000.
e. Land acquisition
f. Other
TOTAL $ 4,400.00
._
1,000.
.-
,'
TOTAL PROJECT ESTIMATE $543,318.00
NOTE: At time of submittal of the Letter of Credit, the
developer, a5 per Section 10.8 of the Land Division Ordinance, shall
submit an administrative fee of $75 plus $50 per public improvement
Fees. (Categories 8 & 9)
category; excepting the categories of Special/Misc. Improvements and
TXTCITY/PLAN:M-PCBRKD.OWN
-