CCR2000157AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #157-2000
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT,
LETTER OF CREDIT, AND
RETENTION POND MAINTENANCE AGREEMENT
Quietwood Creek Subdivision
WHEREAS, A Final Plat was submitted on June 12, 2000 for the Quietwood Creek
Subdivision located in the SE X of Section 3, and SE X and NE X of Section 10 to
create 142 single family lots and 7 outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution
#P.C. 126-2000, as amended; and
WHEREAS, The Subdivider's Agreement, Letter of Credit, and Retention Pond
Maintenance Agreement have been received for Quietwood Creek Subdivision 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 Quietwood Creek 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 Common Council of the City of Muskego waives
acquisition of isolated natural resource areas as illustrated in the Park and Open Space
Plan.
BE IT FURTHER RESOLVED That the Subdivider's Agreement, Letter of Credit, and
Retention Pond Maintenance Agreement for Quietwood Creek 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 the location of the utilities and the paved pedestrian
path across City property is subject to review and approval of the City's Engineering
and Building Inspection Director, Plan Director, and Parks and Recreation Director
BE IT FURTHER RESOLVED That this approval is subject to the passage and
publication of Ordinance #1033.
BE IT FURTHER RESOLVED That a DXF file of this final plat be submitted to the City
prior to City signatures being placed on the plat (3-1/2" diskette).
Reso. #157-2000
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City. 0
DATED THIS 25'" DAY OF JULY ,2000
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #157-2000 which
was adopted by the Common Council of the City of Muskego. 0 LK. w4
7100jmb
AMENDED
RESOLUTION #P.C.126-2000
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE QUIETWOOD
CREEK SUBDIVISION BY CARITY LAND CORPORATION LOCATED IN THE SE %
OF SECTION 3, AND SE %AND NE % OF SECTION 10
WHEREAS, A Final Plat was submitted by Quietwood Creek LLC for Quietwood Creek
for property located in the SE % of Section 3, and SE % and NE % of Section 10 being
generally located south of Janesville Road, east of the Guernsey Meadows plat, and
north of Woods Road, on June.12, 2000, and
WHEREAS, Said plat consist of approximately 140.6305 acres, and proposes one
hundred forty two (142) single family residential lots, seven (7) outlots encompassing
approximately 44 acres, and a commercial property fronting Janesville Road
encompassing approximately 27.9 acres, and
WHEREAS, Said property is currently zoned Rs-2, Suburban Residence District, and
Rs-3 Suburban Residence District, and
WHEREAS, Said Final Plat substantially conforms to that of the Plan Commission’s
previously approved Preliminary Plat, under Resolution #PC 1208-99 , and
WHEREAS, Lots 1-142 of said Final Plat substantially conform to the zoning
designations of RS-3 Suburban Residence District with Planned Development Overlay
as detailed in Common Council Resolution #80-99, a resolution which indicates the
Common Council’s present intention of zoning the subject property, and
WHEREAS, Lot 143 of said Final Plat substantially conforms to the zoning
designations of B-3 General Business District with Planned Development Overlay as
detailed in Common Council Resolution #EO-99, a resolution which indicates the
Common Council’s present intention of zoning the subject property, and
WHEREAS, Said OPD Planned Development Overlay zoning district is intended to
foster sound planning and affords the developer to vary lot area, width, setback and
offset requirements provided that the net density is maintained within the boundaries of
the Plat without specific compliance to the underlying zoning district regulations that
would otherwise be applicable to each lot, and
WHEREAS, The adopted 2005 Comprehensive Plan depicts this area for medium
density residential development, with limited commercial development adjacent to
Janesville Road, and
WHEREAS, The drafl 2010 Comprehensive Plan depicts this area for medium density
residential development, with limited commercial development adjacent to Janesville
Road, and
WHEREAS, Said parcels will be serviced by City sanitary sewer and water, and
WHEREAS, Access to Janesville Road is subject to Waukesha County Department of
Transportation approval, and the Plan Commission encourages limited access, and
WHEREAS, The Plan Commission has made great efforts to enhance the design
aesthetics of commercial areas adjacent to the Janesville Road corridor, and the Plan
Commission de'sires to see high quality development within the Quietwood Creek
commercial areas, and
WHEREAS, The DNR has determined that the unnamed creek located within the
boundaries of the Plat is a navigable body of water, and all parcels created by the Plat
must adhere to the 50 foot setback requirement, as measured from the ordinary high
water mark, and
WHEREAS, wetlands exist on the subject property, and
WHEREAS, an unmapped floodplain tributary to Bass Bay exists on the subject
property, and
WHEREAS, An isolated natural resource area exists on the subject property, and
WHEREAS, Section 18.26 of the Muskego Land Division Ordinance regulates
subdivision platting in wooded areas and requires tree preservation and replacement,
and a tree survey has been provided to the Planning Department concurrent with the
submittal of the Preliminary Plat, and
WHEREAS, On June 14, 1999 the Park Board determined that bike paths should be
required to serve pedestrian needs within the plat, and
THEREFORE BE IT RESOLVED, That the Plan Commission finds the Final Plat of
Quietwood Creek is in conformance with the 2005 Comprehensive Plan, as amended
by Plan Commission Resolution PC #54-99, and the draft 2010 Comprehensive Plan as
presented at a public hearing on May 2, 2000.
BE IT FURTHER RESOLVED, That the Plan Commission recommends approval to the
Common Council of a Final Plat for the Quietwood Creek Subdivision by Carity Land
Corporation, located in the SE X of Section 3 and SE X and NE % of Section IO.
BE IT FURTHER RESOLVED, That this approval is subject to resolution of technical
discrepancies as identified by the reports of the City Planning Director and City
Engineers, and payment of all applicable fees required by the Muskego Municipal
Code, and outstanding assessments if applicable. Said technical discrepancies are to
be corrected prior to receipt of City signatures on the Final Plat.
BE IT FURTHER RESOLVED, That in accordance with Section 18.26 of the Land
Division Ordinance, prior to commencement of any construction activity by Carity Land
Corporation, a plan for tree preservation shall be provided which includes details of the
preservation efforts, which includes 1,1 replacement of any trees with trunks greater
than 6’ diameter (as measured four (4) feet above grade) which are required to be
removed, and which includes the installation of street trees in accordance with adopted
Municipal ordinances and resolutions. Said tree plan shall require separate review and
approval by the Plan Commission prior to the issuance of building permits for any
residence in Quietwood Creek.
BE IT FURTHER RESOLVED, that a Street Tree Plan shall be provided to the Plan
Commission for-separate review and approval prior to the issuance of building permits
for any residence in Quietwood Creek.
BE IT FURTHER RESOLVED, That a landscape plan for the Woods Road landscape
buffer shall be provided to the Plan Commission for separate review and approval prior
to the issuance of building permits for any residence in Quietwood Creek.
BE IT FURTHER RESOLVED, That a landscape plan for the Janesville Road
landscape buffer shall be provided to the Plan Commission for separate review and
approval prior to the issuance of building permits for any structure on Lot 143 in
Quietwood Creek.
BE IT FURTHER RESOLVED, That Carity Land Corporation shall be responsible for
securing all necessary DNR and Army Corps. of Engineers permits prior to the start of
construction.
BE IT FURTHER RESOLVED, That Carity Land Corporation shall reconcile bike path 0 routes prior with the Park Board and Plan Commission prior to the start of any
construction activity, and the chosen routes shall be incorporated into the construction
plans for each phase of the Quietwood Creek subdivision.
BE IT FURTHER RESOLVED, That detailed landscape plans are required to be
submitted to the Plan Commission for the 30 foot landscape buffer abutting Janesville
Road prior to or concurrent with any application for Building, Site and Operation Plan
Approval.
BE IT FURTHER RESOLVED, That prior to or concurrent with Final Plat approval, the
Subdivider shall enter into a developers Agreement and shall tender a Letter of credit
for all required improvements.
BE IT FURTHER RESOLVED, That any part of this Resolution and Final Plat approval
that is in conflict with the plan approvals received from the Public Works Committee or
Public Utilities Committee shall be reconciled prior to Common Council approval of the
Final Plat, or the recommendations of the Plan Commission pertaining to the Final Plat
of Quietwood Creek shall be null and void,
BE IT FURTHER RESOLVED, That a diQital DXF file of this final Dlat be submitted to
e the City on 3.5” diskette or CD ROM prior to City signatures being placed upon the
Final Plat.
Plan Commission
City of Muskego
Adopted June 20,2000
Defeated
Deferred
Introduced: June 20,2000
ATTEST Sandi Asti, Recording Secretary
QUIETWOOD CREEK
RETENTION POND MAINTENANCE AGREEMENT
This Agreement, made and entered into this day of 2000,
by and between Quietwood Creek LLC, hereinafter referred to as Developer,
and the City of Muskego, a Municipal Corporation located in the County of
Waukesha and the State of Wisconsin, hereinafter referred to as “City”
WITNESSETH:
WHEREAS, the DEVELOPER is the owner of certain lands being a part of the
Southeast Quarter (SE 114) of the Southeast Quarter (SE 114) of Section 3, and
the Northeast Quarter (NE 1/4) and Southeast Quarter (SE 114) of the Northeast
Quarter (NE 1/4), and the Northeast Quarter (NE 1/4) and Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 114) of Section 10, Town 5 North, Range
20 East, City of Muskego, Waukesha County, Wisconsin. Further identified as
lots 1-143 and outlots 1-7 in Quietwood Creek, a recorded subdivision, also
described in Exhibit “A attached hereto, and which outlots 1-7 in Quietwood
Creek Subdivision are hereinafler referred to as the “Property”; and
WHEREAS, the City has approved the plat of Quietwood Creek and the
construction of storm water retention ponds within said outlots on the Property;
and
WHEREAS, the Developer has received various City permits and Wisconsin
Department of Natural Resources permits hereinafter referred to as DNR permits
to construct Quietwood Creek Subdivision; and
WHEREAS, QUIETWOOD CREEK Subdivision contains a navigable stream
which is directly upstream from Big Muskego Lake and Bass Bay, and the City
and DNR has expended great effort and expense to remove sediment and rough
fish from Big Muskego Lake; and
WHEREAS, the City and the DNR has established certain requirements for
retention ponds and storm water management to be constructed in Quietwood
Creek Subdivision to minimize flooding and sediment migration to the adjacent
navigable stream including Big Muskego Lake and adjacent wetlands and other
tributary properties and to prevent rough fish propagation and reintroduction into
Big Muskego Lake; and
WHEREAS, the Developer has established Quietwood Creek Homeowner‘s
Association hereinafter referred to as the Association, which shall become the
owner of the outlots upon recording of the final plat and the Quietwood Creek
Quietwood Creek
Retention Pond Maintenance Agreement
Page 2
Deed Restrictions. Upon completion of the storm water retention ponds the e
Association shall be responsible for the maintenance of the retention ponds
constructed thereon; and
WHEREAS, the City intends to reserve the right to enforce the requirement that
the storm water retention pond areas are maintained in a manner consistent with
DNR requirements and with this agreement and the storm water management
plan dated June 26, 2000 on file in the offices of the City of Muskego Building
Department as required by the City of Muskego Storm Water Management
ordinance;
NOW THEREFORE, in consideration of the mutual covenants and agreements.
IT IS AGREED. as follows:
1 The Association unless otherwise provided for in the storm water
management plan shall be responsible for maintenance of the storm water
management measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved storm water management plan dated June 26,
2000 on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm water Management Ordinance.
3. The City of Muskego is authorized to access the Property to conduct
inspections of storm water practices as necessary to ascertain that the
practices are being maintained and operated in accordance with the
approved storm water management plan.
4. The Association, on an annual basis, shall provide maintenance of each
storm water management measure, including but not limited to, removal of
debris, maintenance of vegetative areas, maintenance of structural storm
water management measures and sediment removal.
5. Upon notification of the Association, by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be
taken within a reasonable time frame as set by the City of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified
in the inspection report if the Association does not make the required
corrections in the specified time period. The costs and expenses shall be
entered on the tax roll as a special assessment against lots 1-142 on a pro-
rata basis and collected with any other taxes levied thereon for the year in
which the work is completed.
Quietwood Creek
Page 3
Retention Pond Maintenance Agreement
0 7 The Developer shall deposit in a segregated account with the 'City four thousand dollars ($ 4,000.00) to cover the estimated costs associated with
the pond draw downs necessary for the first five (5) years. Upon
commencement of the sixth (6) year, and continuing in each year thereafter,
the City shall invoice the Quietwood Creek Homeowner's Association in an
amount sufficient to return the account balance to $800.00. Said billing shall
occur prior to November 1, to cover the costs associated with the pond draw
downs in the following year
8. Any annual costs in excess of the $800.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the
Association. Costs not paid shall be placed in equal amounts on the tax bills
for the 142 lots. If the Homeowner's Association has not been Incorporated
upon commencement of the sixth (6) year, the Developer shall deposit a
minimum of $ 800.00 per year for each year said incorporation does not
occur, plus any additional costs as deemed necessary by the City.
Quietwood Creek
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, Subdivider has caused this Agreement to be signed
by its appropriate officers and their seals to be hereunto affixed in duplicate
original counterparts on the date and year first written above.
A. QUIETWOOD CREEK LLC
By:
William W. Carity, member
By:
P Kenneth Servi, member
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of
2000, P Kenneth Servi to me known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of
2000, William W. Carity to me known to be the person who executed the
foregoing instrument and acknowledged the same.
I Notary Public, Waukesha County, Wisconsin
I My commission expires
Quietwood Creek
Page 5
Retention Pond Maintenance Agreement
IN WITNESS WHEREOF, City has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above
City of Muskego
By:
David L. DeAngelis, Mayor
By:
Jean K. Marenda, City ClerklTreasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
Personally came before me this day of ,2000.
the above named David DeAngelis, Mayor and Jean Marenda, City
ClerklTreasurer, 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 ClerWreasurer of said municipal corporation,
and acknowledged that they executed the foregoing instrument as such officers
as the deed of said municipal corporation by its authority and pursuant to the
authorization by the Common Council from their meeting on this day of
,2000.
Notary Public, Waukesha County, Wisconsin
My commission expires
Quietwood Creek
Paoe 6
Retention Pond Maintenance Agreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention
Pond Maintenance Agreement for Quietwood Creek Subdivision, Muskego,
Wisconsin, as entered into on this day of , 2000
by and between Quietwood Creek LLC and the City of Muskego, pursuant to the
authorization by the Common Council from their meeting on the day of
,2000.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerWreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of ,2000.
Notary Public, Waukesha County, Wisconsin
My commission expires
QUIETWOOD CREEK
STORM WATER MANAGEMENT PLAN
The City of Muskego Storm Water Management Ordinance requires the filing of
a storm water management plan and grading plan. The grading plan including
all hydraulic calculations together with storm sewer plans and appurtenant storm
water structures has been filed by the developer’s engineer with the City of
Muskego. Such information was utilized by the City of Muskego to evaluate the
environmental characteristics of the area affected by the land development
activity in Quietwood Creek, the potential impacts of the development upon the
quality and quantity of storm water discharges, the potential impacts upon water
resources and drainage systems and the effectiveness and acceptability of
proposed storm water management measures in meeting the performance
standards set forth in the storm water ordinance.
The intent of this storm water management plan is to set forth specific storm
water management measures to guide the developer, the City of Muskego and
the Quietwood Creek Homeowner’s Association regarding the management of
storm water in Quietwood Creek Subdivision. Storm water management
measures shall not be limited to those expressed in this plan which may be
expanded upon by the Wisconsin Department of Natural Resources, the City of
Muskego or any other party having jurisdiction. This plan shall be broken down
into three sections:
0
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE
DEVELOPER.
The developer shall at his expense:
2. Create the above referenced grading plans hydraulic calculations and
storm sewer plans and after approval of same by the City of Muskego file
all such approved plans with the City.
3. The developer shall improve the site by constructing said grading and
storm water conveyance systems together with all specified erosion
control measures including final stabilization of the site all in accordance
with the Developer’s Agreement and approved plans..on file with the City.
4. The developer shall construct storm water retention ponds to be
contained in the out lots in Quietwood Creek. The developer shall as -
built the finish grade of the ponds and provide the as - built plans to the
Quietwood Creek
Stormwater Management Plan
Page 2
City and Quietwood Creek Homeowner‘s Association. The developer
shall also provide a bench mark at each pond to be illustrated on the as-
built drawings.
5. The developer upon completion of the above referenced improvements
convey by final plat and deed restrictions the improvements to Quietwood
Creek Homeowner‘s Association, who shall be responsible for carrying
out the storm water measures on an ongoing basis expressed in this plan.
It is understood that the ownership and maintenance of the storm water
management improvements including storm sewers by Quietwood Creek
commences outside of City owned Right of Way. All improvements
contained within the City owned Right of Way shall be the responsibility of
the City to and maintain.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY OF
MUSKEGO.
The City of Muskego and the Department of Natural Resources (DNR) has
expended great effort and expense to remove sediment and rough fish from Big
Muskego Lake and the City and the DNR has established certain requirements
for retention pond and storm water management on Quietwood Creek
Subdivision to minimize flooding and sediment migration to the adjacent
navigable stream including Big Muskego Lake and adjacent wetlands and other
tributary properties to prevent rough fish propagation and reintroduction into Big
Muskego Lake. To assure quality control the City of Muskego is willing to
administer an annual “draw down” of each retention pond that will result in
reducing the depth of the water during the cold months of the year This draw
down of the depth of the storm water ponds will freeze-out all fish resulting in a
rough fish free pond thereby minimizing the risk of reintroduction of rough fish
during flooding conditions into the navigable stream which is tributary to
Muskego Lake. The City shall also administer an annual inspection of the storm
water retention ponds to monitor any build-up of sedimentation on the floor of
the respective ponds.
Under Section 1, the developer shall provide the City with an as-built drawing of
the ponds after construction together with a bench mark at each pond which data
shall become the basis for measurement of sediment build-up. The costs and
expenses for the City to provide these services shall be entered on the tax roll
as a special assessment against the out lots which contain the storm water
retention ponds collected with any other taxes levied thereon for the year in
which the work is completed.
Quietwood Creek
Page 3
Stormwater Management Plan
Set forth below, is an outline of the City’s responsibilities which has been agreed
to by the DNR:
1 City of Muskego shall administer draw down and inspect for sediment
build-up.
2. Draw down of all retention ponds shall occur annually within the first two
weeks of November
3. Draw down may only occur after determination that sediment build-up will
not be transported through the 4 discharge pipe. If sediment build-up
has occurred above the invert elevation of the discharge pipe it must be
removed prior to draw down.
4. Draw down gate valves shall be closed within one week of
commencement of the draw down.
5. Sediment build-up in ponds shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment shall be administered by
the Homeowner’s Association according to Section 3.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
QUIETWOOD CREEK HOMEOWNER’S ASSOCIATION.
An unincorporated association of the owners of all single family lots in
Quietwood Creek has been created for the purposes of managing and
controlling Common Areas including the out lots which contain the storm water
retention ponds. This owner’s association is formally titled Quietwood Creek
Homeowner’s Association, and it is referred to herein as the Association.
The ownership and maintenance including all payment for associated costs for
the storm water retention ponds shall be the responsibility of the Association.
The guidelines set forth below shall not limit additional measures which may
from time to time be mandated by the City, DNR or any other party having
jurisdiction:
1 The Association on an annual basis, shall provide maintenance of each
storm water retention pond, including but not limited to, removal of debris,
maintenance of vegetative areas, maintenance of storm water structures,
emergency overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention ponds. When sediment
build-up reaches 15, the City shall notify the Association to remove the
sediment. The DNR has required that any pumping of sediment laden
Quietwood Creek
Stormwater Management Plan
Page 4
water by contractors shall be filtered through a temporary sediment basin
appropriately sized prior to being discharged into the creek or wetlands.
3. The Association shall be responsible for water quality in the storm water
retention ponds including removal of weeds and algae control.
4. Upon notification of the Association, by the City of Muskego, of
maintenance problems which require correction, the specified corrective
actions shall be taken within a reasonable time frame as set by the City of
Muskego.
5. The City of Muskego is authorized to perform the corrective actions
identified in the inspection report if the Association does not make the
required corrections in the specified time period. The costs and expenses
shall be entered on the tax roll as a special assessment against the out
lots which contain the storm water retention ponds to be collected with
any other taxes levied thereon for the year in which the work is
completed.
THIS INSTRUMENT DRAFTED BY.
WILLIAM W. CARITY
CIO CARITY LAND CORP.
12720 W. NORTH AVE.
BROOKFIELD, WI 53005
Approved by Public Works Committee June 26,2000
..
;
Memo
To: Mayor DeAngelis
Finance Committee
Fmnr BrianTu
cc: Dawn Gunderson
63
Sean McMullen
Date: July 11,2000
Rex QUIETWOOD CREEK LElTER OF CREDIT AND COST BREAKDOWN
Attached please find the public improvement cost breakdown for Quietwood creek OkSite
improvements, relating lo the 142 single family parcels and 7 outlots. Total improvement costs.
including inflation factor for delayed installations, is $4.419.915.47. This includes an $80,000
contribution towards the Martin Drive I Lakes Parkway I Janesville Road intersection. as outlined in the
Subdividers Agreement. It does not include improvements required lo develop Lot 143 for
commercial use.
The Letter of Credit is in proper format as approved by the Finance Committee. The isue date, dale
that Subdividers Agreement is executed, and LOC expiration date (15 months from execution of the
Agreement), will be completed on the final LOC submitted at plat dosing.
I 0
~
1 Approval recommended.
0 Page 1
'i
4- PUBLIC IMPROVEMENT COST BREAKDOWN
QUIETWOOD CREEK
LElTER OF CREDIT
0 #1 ROAD CONSTRUCTION
a. Excavation to subgrade
c. Bituminous base course pavement
b. Stone base material
d. Bituminous surface course pavement
e. Concrete pavement
f. Bike Pafh .
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl pavement
e. Tree 8 shrub plantings
f. Landscaping as specified by City-20 trees @ $350
g. Erosion control
h. Engineering Inspections
j. Woods Rd. Landscape Easement
i. Clearing 8 Grubbing
#3 TOPSOIL, SEEDlNGlSODDlNG
a. Road ditch area-WoodsiLakesiJanesville
b. Terrace areas - in ROW
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City-Vegetation Retainage
1. Engineering Inspections
g. Other
#4 CONCRETE IMPROVEMENTS
a. Curt, 8 Gutter
b. Sidewalk
c. Interim Inlets
d. Ditch inverts
e. Engineering Inspections
f. Other
06/22/2000
.Beg. Bal ADJ. BAL.
"0 .n
cv,
116,320.00 116,320.00 52
101,779.20 101,779.20 go
149.897.90 149.897.90
78.122.00 78,122.00
45.000.00 45,000.00
510,319.10 510,319.10
0 0
19,200.00 19.200.00
180.310.00
13.870.00
132,000.00
65,000.00
7,000.00
15.000.00
7,846.00
18.000.00
180.310.00
13.870.00
132,000.00
65,000.00
7.000.00
15,000.00
7,846.00
18.000.00
5,000.00
~.~ ~ ~
5.000.00
444,026.00 444.026.00
80,000.00
8.000.00
26,000.00
12.500.00
65,000.00
80,000.00
8.000.00
26.000.00
12,500.00
65,000.00
191.500.00 191,500.00
11 1,376.00
14.840.00
650.00
12.800.00
11 1,376.00
14.840.00
650.00
12.800.00
139,666.00 139,666.00
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
a. Mains.risers 8 Manholes 1.026.253.50 1,026.253.50
b. Laterals 125,904.00 125,904.00
c. Dumping station 8 Generator
d. Force main
e. Grinder pumps &chamber-indiv dwelling
f. Engineering Inspections 110,724.00 110,724.00
0
l
g. Other
1.262.881 SO ~ 1,262.881.50
e.' Eng!neering Inspections
f. Sampling Manholes
#7 STORM SEWER SYSTEM
a. Mains 6 manholes
b. Catch basins 8 leads
C. Drawn Down Lines
d. Drain tile
e. Headwallsldischarge structures
f. Engineering Inspections
g. Other
#8 SPECIAUMISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by CityClass 111 Barricade
d. Erosion ControWegetation Retainage
e. Janesville Rd. Intersection Improvements 350,000
f. Traffic Signal Escrow
I.
6&15.00 .. 631.415.00.
. , :83,475.00 , : , ' '83,475:OO , . t ,! :69.120.00 .,, . ,r. I. j.. . ': 69.120~00.. .::; ,
io.od0,oo 10.od0.00
860,277.00 860,277.00
1.60.267.00 60.267:OO
6,000.00 .. 6,OOO:OO
0 g. Traffic Siudy Cost Share
523.816.00 523.816.00
36,900.00 36,900.00
19,650.00 19,850.00
115,039.00 115,039.00
23,445.00 23,445.00
43,045.87 43.045.87 -
762.095.87 762.095.87
7.500.00
850.00
65,000.00
800.00
80,000.00
60.000.00
7,500.00
850.00
65.000.00
800.00
80.000.00
60.000.00
~ ~.
6,000.00 6.000.00
220,150.00 220.150.00
#J9 FEES
a. city administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for wlsewerlstorm 25,000.00
d. Legal 4,000.00
e. Land acquisition
-
25,000.00
4,000.00
f. Other -
29,000.00 29,000.00
TOTAL PROJECT ESTIMATE 4,419,915.47 4,419,915.47
LETTER OF CREDIT AMOUNT
ENGINEERING 278.882.87
.. .I I
J?l 11 00 02:43p
iUL. 11.?000 2:?6PM
0
CRRITY LRND CORP
YON URIESEN PURTELL
NORTH SHORE BANKm
. Ciedit No. 071200
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
P)m
Amount: $4,419,915.47
ExpdonI)ate: July ,2001
P. 3
City of Muakego
July A 2000
Page 2
SPE CuLcoNDITIOw:
ThkStvrdbyCnditwillanniarreonthe dry of July, 2001, pmvid4 howa, North
Shorn B& FSB shall giw written ooticc to the baeeficiny of its intention lo tmnh lhi6
standby dt a1 ninety (90) dap pim to the day of July, 2001. Afta sald date, his
latcr of awlit can only terminate upon ninny (90) days written notice to the hoficiq'.
It is hereby agreed by all parties hueto thal Ihc reference to 'Agreemml" is for idcntificntion
pqma only and such rcfcrmcc shall not k construed in any mnnuer to Nod Shore
B& FSB to inquirc into Ita bmw and obligations.
Drafh drawn unda and in mmplimce wih the tenno of this endit will be duly honored if
prcrcntcd on or before the expiration date. This original Standby Credit must be submitted to u9
togcthadrllh any dmwinp hcrcunda for our cndonemmt of my payments effectcd by LLF md'm
for CMccUation
a very truly yours
NORTH SHORS BANK FSB
By:
John A. Mwioa. kaistaot Vice Resident
DRAFT
QUIETWOOD CREEK LLC - CITY OF MUSKEG0
QUIETWOOD CREEK
SUBDIV~DERS AGREEMENT NO. 1
This Agreement, made this __ day of -2000 by and between Quietwood Creek LLC (the
"Subdivide?) and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Preliminary Plat for
Quietwood Creek Subdivision (the "Subdivision"), a description of which is attached hereto as Exhibit A,
the Final Plat(s) 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;
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 Subdivider 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
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, Subdividets plans
and specifications for subdivision improvements, and the City's Plan Commission and Common Council
have duly approved the preliminary plat of Quietwood Creek Subdivision contingent in part 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 : PLATTING
1, This Subdividers Agreement addresses the development of 142 parcels platted for single family
residential use, and seven outlots platted for open space and stormwater retention purposes, all
being under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of
OPD - Planned Development District overlay zoning.
a) Single family parcels shall conform to the zoning requirements of RS-3 / OPD Suburban
Residence district with Planned Development overlay zoning, and generally being a minimum of
14,000 square feet in area, 90 feet in average lot width, having street yard setbacks of 30 feet,
side yard offsets of 10 feet and 15 feet, and setbacks from navigable waterways of 50 feet from
the Ordinary High Water Mark.
b) Outlots shall be reserved for common open space purposes consistent with OPD Planned
Development overlay zoning requirements, and shall be owned and maintained by Owners
Associations established by Subdivider
2. Subdivider shall entirely at its expense: '0 a) Within fourteen (14) days after approval of this Agreement by the Common Council, the
Subdivider shall execute this Agreement shall cause this Agreement to be recorded at the
Waukesha County Register of Deeds and shall provide City with evidence of recording.
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' QuietmodCreek DRAFT
SubdMdem Agreement
b) Within fourteen (14) days after approval by all approving authorities and waiver of objection by
all objecting authorities, the Subdivider shall cause the Final Plat(s) of Quietwood Creek to be
executed and recorded, and shall provide City with evidence of recording.
c) Within fourteen (14) days after execution of this Agreement tender an Irrevocable Standby
Letter of Credit in the amount required herein for the construction of off-site improvements in
Woods Road, and for the construction of Phase 1 No construction activity may commence until
this Agreement has been executed and recorded, and the Letter of Credit has been tendered.
d) Prior to commencing construction on improvements as required herein and prior to recording the
Final Plat (s) of Quietwood Creek, 'Subdivider shall provide the City with title evidence
acceptable to the City Attorney showing that upon recording the Plat, the City will have good,
indefeasible title to all interests in land dedicated or conveyed to the City by the Plat.
e) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
1, Subdivider and City agree that Final platting and the installation of public and private improvements
described in Section 111 shall occur in one phase.
* 2. Lot 143 is not a part of this Agreement. Any development of Lot 143 shall be addressed by
separate Agreement between Subdivider and City.
SECTION 111 : IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plat, and including off site
improvements necessary to provide such roads and streets, as approved by the City Engineer and
Public Works Committee as indicated in the plans and specifications attached hereto, made a part
hereof and marked Exhibit "E
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. Participate financially in the reconstruction of the Martin Drive I Lakes Parkway / Janesville Road
intersection in accordance with plans and specifications prepared by the City and I or Waukesha
County Department of Transportation. Subdividers responsibility shall be 3423% of cost, which is
based on an estimated construction cost of $3S&€QQ 410,000. Subdivider shall maintain $80,000
of the Letter of Credit for Subdividers share or street construction cost, and $60,000 for traffic
signalization costs, as determined by traffic studies prepared by City's consulting engineer An
addltlonal $6,000 shall be maintained in the Letter of Credit for Subdivider's share of traffic
24
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Subdividers Agreement
DRAFT
studies prepared by the City's consulting engineer. Said Letter of Credit balance may be drawn
by City in accordance with Section XVI of this Agreement.
E. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PIAN:
1. 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
with the plans and specifications attached hereto, made a part hereof and marked Exhibit "E" The
Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance
City retains the right to require the Subdivider to install at its cost additional storm drainage and
erosion control measures prior to acceptance of improvements by the City of Muskego.
2. Grade and improve all lots in conformance with the Interim Grading Plan and Master Grading Plan
attached hereto and made a part hereof and marked Exhibit "B Restore with topsoil and seed.
Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits
by the City.
4. Execute and record a Maintenance Agreement relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of lots in the Subdivision in the form
attached hereto, made a part hereof and marked Exhibit 'C"
. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage # features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance
Agreement attached hereto as Exhibit "C"
C. SANITARY SEWER:
1, Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Subdivision, and including off site improvements necessary to provide
such system, as approved by the City Engineer and the Public Utilities Committee all in accordance
with the plans, specifications and drawings attached hereto as Exhibit "B"
2. Construct, install, furnish, ,and provide without cost to City, all sanitary sewage collection
appurtenances necessary to abandon two sanitary sewer lift stations, being generally located at the
intersection of Lakes Parkway and Daisy Drive, and at the terminus of Erin Court.
3. Complete, to the satisfaction of the City Engineer, any remaining punch list items concerning the
Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems.
4. 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, and acceptance of improvements by the City.
D. WATER MAIN:
#' distribution, including off site improvements necessary to provide such system, throughout the entire
Construct, install, furnish, and provide without cost to City, a complete system of water supply and
I 34
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Quietwood Creek
SuMividem Agreement
DRAFT
0 Subdivision, as approved by the City Engineer and Public Utilities Committee and in accordance
with the plans and specifications attached hereto as Exhibit 'B
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1, Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees on a 1:l basis as required by the Land
Division Ordinance, in accordance with plans to be approved by the Plan Commission.
2. Remove and lawfully dispose of: (a) all old barns, outbuildings and structures; (b) destroyed trees,
brush, tree trunks, shrubs and other natural growth; (c) and all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land
Division Ordinance and Resolution #P.C. 101-93 in accordance with plans to be approved by the
Plan Commission.
4. Install plantings without cost to City within the 30 foot landscape planting easement adjacent to 0 Janesville Road in accordance with plans to be approved by the Plan Commission.
F. EROSION CONTROL MEASURES:
1, 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. No
construction or grading can begin until said permit is issued by the City.
2. Construct, install, furnish and provide without cost to City, 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 "C" and in accordance with the plans
and specifications with Chapter 29 of the City's Municipal Code.
3. 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 vegetative cover is
established in the Subdivision. No grading shall occur without a two (2) day notice to the City.
4. Install Mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 29.
5. Obtain Erosion Control and Land Disturbance Permits for the site for controlling erosion on the site.
6. Insure that each individual lot owner obtains a separate erosion control permit at any time that any
vegetation is disturbed, and insure that each individual lot owner is responsible for controlling
erosion on their subject lot. a 7 Maintain Sixty - Five Thousand Dollars ($65,000.00) from the Letter of Credit, to be retained until
adequate vegetation is established as determined by the City Engineer, A reduction of fifty percent
44 I
I pww
SubdMders Agreement
Quietwood Creek DRAFT
(50%) of the Sixty - Five Thousand Dollars ($65,000.00) portion of the Letter of Credit is allowable
upon verification that fifty percent (50%) of disturbed areas are vegetated. If, upon a written
notification by the City Engineer or Building Inspection Department of non-compliance of Chapter
29, the terms are not corrected within five (5) days, the City may utilize the Sixty - Five Thousand
Dollars($65,000.00) portion of the Letter of Credit to correct the terms of non-conformance.
G. PEDESTRIAN WAYS:
1. Construct, install, furnish, and provide without cost to City, a complete bike path system throughout
the entire Subdivision, and including off site improvements necessary to provide such system, as
approved by the City Engineer, the Park Board, and the Public Works Committee all in accordance
with the plans, specifications and drawings attached hereto as Exhibit “B
City shall:
H. REIMBURSEMENTS FOR UTILITY OVER SIZING
1, Reimburse Subdivider in accordance with the following schedule approved by the Public Utilities
Committee on June 19,2000:
I lmvrovement Estimated I Reimburrement At: I
_caiegory: Quantity
Woods Road Off-Sile Sanitary Sewer
Pipe Over Sizing, 15” 10 21” 452 lineal feel $14.10 I lineal foot
Width of Trench 452 lineal feel $7.22 I lineal foot
Additional Manhole Sizing 2 $1,100.00 each, flat
feel
Additional Manhole Depth beyond I8 feel (max 3’ per)
$6.30 I lineal fool 2,020 lineal feel Sanitary Sewer Over Sizing, 12” lo 15” and 15” lo 18”
$13.70 I lineal fool 3.568 lineal feel Additional Sanitary Sewer Depth
$140.00 I veltical foot 57 vertical feet
Additional Pipe Sizing lo Serve Outside of Plat
e. If Subdivider re-uses the gravel backfill excavated from Woods Road, City shall be given a Credit of
$21.32 per lineal foot.
I 54
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Quletwwd Creek
SubdMders Agreement
DRAFT
0. Reimbursement may be requested by Subdivider following completion of as-built plans and
following City's acceptance of the Improvements. In no case shall reimbursement occur prior to
January 1,2001,
4. All requests for reimbursement shall be made in writing to the City Planning Department, and shall
be reviewed and approved by the City Engineer, The recommendation of the City Engineer shall be
forwarded to the Finance Committee and Public Utilities Committee for consideration.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section 111 above shall be substantially completed by the
Subdivider 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 of pavement and installation of the bike path system 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 and bike path installation 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 and bike path, 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.
0 SECTION V : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and
upload of data to City's Geographic Information System, and City may utilize Subdividets Developers
Deposit account for all charges related hereto.
SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City,
upon completion of the above described improvements, unconditionally give, grant, convey and fully
dedicate the roads and streets, sanitary sewers, watermains, storm water drainage facilities (excluding
those facilities which are to be owned and maintained by Owners Associations) as illustrated on
Exhibits "A" and "6 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 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.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept
me dedication of any improvements which do not fully comply with City standards and specifications.
Claims of financial hardship by the Subdivider shall not be considered a reason for the City to accept
substandard materials or work.
64 I
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Quietwood Creek DRAFT
Subdividers Agreement
0 At such time as all improvements are completed and acceptable as called for under this Agreement,
and all approvals have been received from regulatory agencies, such improvements shall be accepted
by the City by separate Resolution. The Resolution of Acceptance shall be recorded with the
Waukesha County Register of Deeds.
The City shall have the right to connect to or integrate other utility facilities with the improvements
provided herein without payment, award, or consent required of the Subdivider
SECTION VI1 : REMEDIES UPON DEFAULT
The following shall constitute a default by the Subdivider under this Agreement: If Subdividers should
file for bankruptcy or be adjudged bankrupt, or if it should make a general assignment for the benefit of
its creditors; or if the Subdivider or its general contractors should disregard or otherwise violate any
Statutes, Ordinances, regulations, orders, or instructions of the City Building Inspector, City Engineer,
or Plan Commission; or upon failure of performance by Subdivider or Subdivider's contractor or
subcontractors to construct, install, furnish and provide any improvement required under this
Agreement; or upon any other Subdivider default or failure to perform under any provision of this
Agreement.
Upon the occurrence of a default as defined herein, and without prejudice to any other right or remedy
of the City, including the right to damages, the City shall give the Subdivider and its surety or issuer or
holder of the financial guarantee provided pursuant to this Agreement ten (10) days written notice and
opportunity to cure. If the default is not cured to the City's sole satisfaction within the ten (IO) day
penod. the City may take possession of the premises and all of the materials thereon, draw upon the
letter of credit or other financial guarantee posted or filed by Subdivider and finish the work by whatever
method the City may deem expedient. Subdivider, or its surety in the event of default, shall pay City
the entire cost of completion of the work if funds from the letter of credit or other financial guarantee
posted or filed by the Subdivider are insufficient to cover the entire cost.
0.
SECTION VIII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section'l8.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified
herein, but in any event, no later than thirty (30) days afler 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 11,
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 IX : MISCELLANEOUS REQUIREMENTS
@The Subdivider shall:
14
Pug. 84
Quletwood Creek DRAFT
SubdMders Agreement
I
1. 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 side yard and
offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner,
SECTION X : GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains, surface
water drainage improvements and all other improvements described in Section 11, Items A, B, C, & D,
a period of one (1) year from the date of 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.
I hereof, against defects due to faulty materials or workmanship provided that such defects appear within
SECTION XI : 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 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 offlcers, 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.
0. '
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers,
agents, independent contractors, and employees from and against all claims, damages,
losses, and expenses, including attorney's fees arising out of or resulting from the
' performance of the Work, providing that any such claim, damage, loss, or expense (i) is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom,
and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its
officers, agents, independent contractors. and employees or anyone for whose acts any of
them may be made liable, regardless of whether or not it is caused in part by a party
indemnified herein. A claim for indemnification under this section shall be conditioned upon
the City giving to the Subdivider, within five (5) business days of receiving the same, written
notice of any such claim made against the City for which indemnification is sought, and if
requested to do so by Subdividets insurance carrier, the City shall tender the defense of
such claims to the Subdividets insurance carrier, In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Subdivider, its officers,
agents, independent contractors, employees, and anyone directly or indirectly employed by
any of them or anyone for whose acts any of they may be held liable, the indemnification
obligation under this section shall not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by or for the Subdivider, its officers, 0
84 I
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Qulehwod Creek DRAFT
Subdiidefs Agreement
@ agents, independent contractors, employees under Workers’ Compensation Acts, disability
benefit acts, or other employee benefit acts.
b) Personal Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement
or in exercising any power or authority granted to them thereby, there shall be no personal
liability of the City officers, agents, independent contractors, or employees, it being
expressly understood and agreed that in such matters they act as agents and
representatives of the City.
C) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend,
and hold CITY and its officers, agents, independent contractors, and employees harmless
from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable
fees for attorneys, consultants, and experts) that arise as a result of the presence or
suspected presence in or on the real property dedicated or conveyed to the City by, under,
pursuant to, or in connection with the Plat and this Agreement (including but not limited to
street right-of-way) of any toxic or hazardous substances arising from any activity occurring
prior to the acceptance of all improvements. Without limiting the generality of the foregoing,
the indemnification by the Subdivider shall include costs incurred in connection with any site
investigation or any remedial, removal, or restoration work required by any local, State, or
Federal agencies because of the presence or suspected presence of toxic or hazardous
substances on or under the real property, whether the soil, groundwater, air, or any other
receptor, The City agrees that it will immediately notify Subdivider of the discovery of any
contamination or of any facts or circumstances that reasonably indicate that such
contamination may exist in or on the real property. Upon receipt of notice from the City or
other entities, Subdivider shall investigate and reHIfy conditions which indicate the presence
of or suspected presence of contamination on the subject property as identified by local,
state, or federal agencies in order to comply with applicable laws.
a
d) Subdivider shall, at its expense, obtain and cany comprehensive general liability insurance
with combined single limits of at least One Million Dollars ($1,000,000.00) for one person
and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million
Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from
time to time deem reasonable). Such policy shall cover both Subdivider and the City and its
agents, employees, and officials, and all insurers shall agree not to cancel or change the
same without at least ten (10) days written notice to the City. A certificate of Subdivider‘s
insurance shall be furnished to the City upon execution of this Agreement. Each such policy
shall provide that no act or default of any person other than the City or its agents shall
render the policy void as to the City or effect the City’s right lo recover thereon.
SECTION XI1 : 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.
0 SECTION XI11 : CONSTRUCTION PERMITS, ETC ....
The CITY shall, within its authority:
94
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Quletwwd Creek DRAFT
SuMMders Agreement
0, 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.
2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the
previous described improvements in any public street or public property.
3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Subdivider or their nominee successors or assigns, permits for the
construction of single family residences subject to the provision of Section XV.
SECTION XIV : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any homes until the City's Engineers have determined that:
1 The sanitary sewer, water and surface water drainage facilities required to serve such homes are
connected with an operational system as required herein, and
2. The Building Inspector verifies that the installation of the bituminous concrete base course
0 pavement has been properly installed, and
3. Deed Restrictions and Stormwater Management Maintenance Agreement have been recorded, and
4. Video tape of sanitary sewer system has been furnished to the City Engineer, and
5. Certification is provided to the City Engineer by a Registered Land Surveyor that all lot grades
conform to the Interim Grading Plan, and
- 6. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning
SECTION XV. 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.
Director,
SECTION XVI. FINANCIAL GUARANTEES:
1, LETTER OF CREDIT: Within fourteen (14) days of 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 $4,419,915.47 as a guarantee that the required plans,
improvements, and improvements will be completed by the Subdivider and his subcontractors no 0 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.
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0 a) Invoices: Invoices documenting public improvements address d and not addressed in the
Letter of Credit, but attributable to the subject development s ii all be provided to the City.
I b) -Reduction Of Letter Of Credit Balance: The Subdivider shall provide City Planning Department with a written request to the Finance Committee accompanied by: Request
for Amendment to Letter of Credit form, invoices for work completed for which a release
is being requested, breakdown of invoices in format of Public Improvement Cost
Breakdown form, signed and original lien waivers for all work which is subject of release
request. City will process all requests in accordance with adopted policies.
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c) -Draw for Janesville Road Intersection Improvements: Upon receipt of bids for the
reconstruction of the Martin Drive / Lakes Parkway / Janesville Road intersection, City
shall draw upon the Letter of Credit for developers 3423% share of said Improvements. If
said share is less than the $140,00080@30 Letter of Credit line items for street
reconstruction and traffic signalization, City shall only draw funds sufficient to meet
Subdivider's obligation to pay a -2334% share. If said share exceeds the $140,000
8€@"Letter of Credit line items, City shall draw the entire balance of the line item and
shall bill Subdivider for costs in excess of $140,000~. All such bills shall be paid
within 30 days of receipt. r d) Draw for Traffic Study. Upon final acceptance of the traffic study relating to the
Martin Drive I Lakes Parkway I Janesville Road intersection by Waukesha County,
City shall draw upon the Letter of Credit for developers 34% If said share is less
than the $6,000 Letter of Credit line item, City shall only draw funds sufficient to
meet Subdivider's obligation to pay a 34% share. If said share exceeds the $6,000
Letter of Credit line item, City shall draw the entire balance of the line item and shall
bill Subdivider for costs in excess of $6,000. All such bills shall be paid within 30
days of receipt.
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2. DEVELOPERS DEPOSIT: The Subdivider shall maintain a $7,500.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless othenvise authorized by the Common Council following a
recommendation of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement,
the City shall have the right, without notice or hearing, to impose special assessments for
any amount to which the City is entitled by virtue of this Agreement upon the Subdivision.
This provision constitutes the Subdivider's consent to the installation by the City of all
improvements required by this Agreement and constitutes the Subdivider's waiver of
notice and consent to all special assessment proceedings as described in Sec. 66.60
(18), Wis. Statutes.
lo b) Remedies not exclusive. The City may use any other remedies available to it under the
Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein.
SECTION XVII. PARTIES BOUND:
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Subdividers Agreement 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. 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 othet 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. I
SECTION XVlll . AMENDMENTS AND ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the City. The City and the
the Subdivider,
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
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Subdividers Agreement
SECTION XIX : PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Subdivider has caused this Agreement to I
officers and their seals to be hereunto affixed in duplicate original counte
first written above.
A. Quietwood Creek LLC
By:
P Kenneth Servi, Member
e signed by its appropriate
parts on the date and year
By:
William W. Carity, Member
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of ,2000 P. Kenneth Servi to me known to be
the person who executed the foregoing instrument and acknowledged the same.
0 Notary Public-State of Wisconsin
My Commission Expires
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of ,2000 William W. Carity to me known to be
the person who executed the foregoing instrument and acknowledged the same.
Notary Publicistate of Wisconsin
My Commission Expires
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Subdividers Agreement
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@N WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
B. CITY OF MUSKEGO:
BY:
David L. DeAngelis, Mayor
BY:
Jean K. Marenda. City ClerkfTreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2000, the above named David L.
DeAngelis, Mayor, and Jean K. Marenda. City CleWreasurer, of the City of Muskego, to me known to
be the persons executed the foregoing instrument, and to me known to be such Mayor and City
CleMreasurer of said municipal corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said municipal corporation by its authority and pursuant to
he authorization by the Common Council from their meeting on the - day of ,2000. A
Notary Public-State of Wisconsin
My Commission Expires
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Quietwood Creek
Subdividers Agreement
DRAFT
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for
Quietwood Creek Subdivision, Muskego, Wisconsin, as entered into on the day of
, 2000, by and between Quietwood Creek LLC and the City Of Muskego, pursuant to the authorization
by the Common Council from their meeting on the __ day of ,2000,
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City CleWreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of ,2000.
(Notary Public)
My commission expires
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