CCR2001136COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #136-2001
APPROVAL OF AMENDMENT NO. 1 TO DEVELOPER'S AGREEMENT, LETTER OF
CREDIT AND COST BREAKDOWN AND BUILDING SITE AND OPERATION PLAN
Dreamland Planned Development
WHEREAS, Amendment No. 1 to the Developer's Agreement, Letter of Credit, and Cost
Breakdown have been received for Dreamland Planned Development in connection with the
certified survey map which proposes the development of four lots on Moorland and Janesville
Roads; and
WHEREAS, The Finance Committee has reviewed the documentation and has recommended
approval, and
WHEREAS, The Plan Commission approved amendments to the Dreamland Planned
Development District, and a Building Site and Operation Plan for Kohls Department Store, by
Resolution #PC 080-2001, and Resolution #PC 098-2001, and
WHEREAS, The Plan Commission approved amendments to the Building Site and Operation
for Jewel-Osco, by Resolution #PC 081-2001
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego.
upon the recommendation of the Finance Committee, does hereby approve Amendment No. 1
to the Developer's Agreement, Letter of Credit and Cost Breakdown 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 Common Council of the City of Muskego, upon the
recommendation of the Plan Commission, does hereby approve the amendments to the
Building Site and Operation Plans for the Dreamland Planned Development District, Kohls
Department Store, and Jewel-Osco, subject to the conditions outlined in Resolutions #PC 080-
2001, #PC 081-2001, and #PC 098-2001, as amended, being met.
BE IT FURTHER RESOLVED, That this approval is subject to the Building and Engineering
Director's approval of a revised berm grading plan which levels the height at a grade equal to
the highest grade elevation, prior to receipt of City signatures on the Certified Survey Map and
Developers Agreement Amendment No. 1
BE IT FURTHER RESOLVED, That this approval is subject to the Plan Director's approval of a
revised berm landscape plan which increases coniferous plantings by at least 33% prior to
receipt of City signatures on the Certified Survey Map and Developers Agreement Amendment
No. 1
BE IT FURTHER RESOLVED That this approval is subject to passage of Resolution #135-2001
and passage and publication of Ordinance #1074.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City.
AMENDMENT NO. 1 TO
0 JEWEL FOOD STORES, INC. A NEW YORK CORPORATION - CITY OF MUSKEGO
DEVELOPER'S AGREEMENT
"DREAMLAND" PLANNED UNIT DEVELOPMENT - PHASE ONE
This Agreement, made this - day of , 2001 by and between Jewel Food Stores, Inc. a
New York Corporation (the "Developer") and the City of Muskego, a municipal corporation of the State of
Wisconsin, located in Waukesha County, hereinafter called the "City"
WITNESSETH
WHEREAS, On February 5, 2001 Developer and City entered into a Developers Agreement relating to
the phased construction of the Dreamland Planned Development District (the "Development"), described
as all lands contained within Certified Survey Map No. 9127 being a part of the Northwest % and the
Southwest % of the Southwest % of Section 2, and the Northeast % of the Southeast % of Section 3,
T5N R20E, City of Muskego, Waukesha County, Wisconsin, and
WHEREAS, On April 3,2001 the Plan Commission approved a conceptual amendment to the
Development by Resolution #PC 048-2001, and
WHEREAS, On April 10, 2001 the Common Council reviewed the conceptual amendment to the
Development and determined that said amendment was a substantial change to the approved
Dreamland Planned Development District, by Resolution # 77-2001, and
WHEREAS, On June 5, 2001 the Plan Commission approved a Building Site and Operation Plan for
Kohl's Department Store. and an amendment to the Building Site and Operation Plan for the
Development, by Resolution #PC 080-2001, and
WHEREAS, On June 5, 2001 the Plan Commission approved an amendment to the Building Site and
Operation Plan for the Developer d/b/a Jewel 0x0, by Resolution #PC 081-2001, and
WHEREAS, On June 5, 2001 the Plan Commission approved a revised Certified Survey Map for the
Development, by Resolution #PC 082-2001, and
WHEREAS, On June 5, 2001 the Plan Commission recommended the approval of an amendment to the
2010 Comprehensive Plan for the Development, by Resolution # PC 083-2001, and
WHEREAS, On June 5. 2001 the Plan Commission recommended approval of an amendment to the
official zoning map for the Development, by Resolution #PC 084-2001, and
WHEREAS, On July 10, 2001 the Common Council held a public hearing regarding the zoning map
amendment as recommended by Resolution #PC 084-2001, and regarding the substantial change to the
approved Dreamland Planned Development District, and
WHEREAS, On June 18, 2001 the Public Utilities Committee approved amendments to the on site and
off site sanitary sewer and water main plans for the Development, and
WHEREAS, On June 25,2001 ,2001 the Public Works Committee approved amendments to the
grading, erosion control, and stormwater management plans for the Development, and
AMENDMENT NO. 1
Developers Agreement for "Dreamland'
Planned Unil Development - Phase One
Page 2
0 WHEREAS, On July 17,2001 the Plan Commission approved an amended Landscape Plan for the
Dreamland Planned Development District, by Resolution #PC098-2001, and
WHEREAS, On July 24, 2001 the Finance Committee approved amendments to the Public Improvement
Cost Breakdown and Letter of Credit for the Development, and
WHEREAS, On July 24, 2001 the Common Council approved a Building Site and Operation Plan for
Kohls Department Store, and amendment to the Building Site and Operation Plan for Developer dba
Jewel Osco, and an amendment to the Building Site and Operation Plan for the Development.
WHEREAS, the Developer is required make and install certain public improvements ("Improvements")
reasonably necessary for the PUD and further, may require improvement of public ways within the PUD.
conditioned upon the construction of said improvements according to municipal specifications without
cost to City; and Developer and City desire to amend the Developers Agreement executed February 5,
2001 to address the amendments described above.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
SECTION I : PLANNED UNIT DEVELOPMENT
Section I of the Developers Agreement executed February 5,2001 is replaced as follows:
1 LAND USE. The Development as approved by Plan Commission Resolution #PC. 080-2001,
consists of:
a) "Big Box" retail /commercial consisting of one 86,600 square foot structure for an anchor tenant,
to be constructed in Phase One.
b) "Big Box" retail / commercial consisting of one 57,500 square foot structure for an anchor tenant,
to be constructed in Phase Two.
c) In-line or "strip" retail /commercial consisting of a 15,060 square foot attached structure for
single or multi-tenant occupancy, all with uses consistent with underlying 8-3 zoning, to be
constructed in Phase Two or later phases.
d) Outlot retail / commercial consisting of two free-standing structures, all with uses and structures
being consistent with underlying 6-3 zoning, to be constructed in later Phases.
2. PHASING. This Agreement addresses the first Phase of the PUD, consisting of one 86,600 square
foot structure for an anchor tenant, and its associated parking, landscaping, drives and parking as
approved by Plan Commission Resolution #PC 080-2001 on June 5, 2001
This Agreement concerns only the construction of Phase One and no further construction is
authorized by this Agreement. Developer must obtain approvals for all Phases beyond Phase One
referred to herein, including but not limited to, findings by the City that adequate public facilities are
available, Building Site and Operation Plan approvals and all other City approvals. Any construction
concerning phases beyond Phase One shall require a separate Developers Agreement for each
I) form similar to that of the Public Improvement Cost Breakdown for Phase One and the appropriate
approved Phase and each Agreement shall, in part, include agreed upon cost of improvements in a
Letter of Credit.
AMENDMENT NO. 1
Developers Agreement lor "Dreamland"
Planned Unit Development - Phase One
Page 3
3. CERTIFIED SURVEY MAP AND LAND TITLE
a) Within thirty (30) days after approval of this Agreement by the Common Council, the Developer
shall execute this Agreement, including tender of the Letter of Credit, shall cause this Agreement
to be recorded at the Waukesha County Register of Deeds and shall provide City with evidence
of recording.
b) Within thirty (30) days after approval by the Common Council, the Subdivider shall cause the
Certified Survey Map, as approved by Plan Commission Resolution #PC 082-2001, to be
executed and recorded, and shall provide City with evidence of recording.
SECTION II : IMPROVEMENTS:
Section II of the Developers Agreement executed February 5, 2001 is replaced as follows:
City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to
enter upon and install the following described Improvements in any public street or public property.
Developer shall cause the construction of all Improvements called for by this Agreement to be carried
out and performed in a good and workmanlike manner Developer shall submit to the City valid copies of
all agency permits including the Waukesha County Department of transportation, Wisconsin DNR. and
US. Army Corps of Engineers before construction commences and prior to any pre-construction
meeting.
Developer, entirely at its expense, shall:
a) ROADS, STREETS, AND ACCESS: Construction shall be in accordance with Building Site and
Operation Plan approvals of June 5, 2001 by Resolution #PC 080-2001, Plans and
Specifications on file with the Director of Engineering and Building, dated June 1, 2001, as
approved by the Public Works Committee on June 25,2001, and Waukesha County Department
of Transportation approvals of ,2001
a) Grade and improve without expense to City all private roads, drives, and streets in
accordance with the site plan of said PUD.
b) Establish vehicle access points to said PUD in accordance with permitting requirement
and development standards of Waukesha County Department of Transportation.
c) Furnish and install without expense to City or Waukesha County any additional traffic
lanes, turning lanes, and traffic signalization which may be determined to be necessary
within five (5) year of the execution of this Agreement.
d) Restore any damage to existing pavement, curb, gutter, and landscaping which may
result from construction of Improvements.
e e) Reimburse the City for the cost of all street signs, traffic signs and posts, including the
cost of their installation.
AMENDMENT NO. 1
Developers Agreement lor"0reamland"
Planned Unit Development. Phase One
Page 4
1) Grade without expense to the City, the location of future bike path on Janesville Road
between Moorland Road and the east property line of the PUD.
g) Escrow funds in a segregated Developers Deposit Account with the City in the amount
of Ten Thousand Dollars ($10,000) for the installation of the bike path in conjunction
with the reconstruction of Janesville Road, anticipated in the 2004 calendar year
Developer shall be responsible for actual cost of bike path installation, which may
include but not be limited to additional engineering or legal expenses, and shall pay
any additional cost within 30 days of billing. City shall refund any balance in the
segregated Developers Deposit Account within 30 days of acceptance of
Improvements.
h) The Certified Survey Map depicts a cross access easement between Parcel 2 and Koso
Drive (Golden Country Estates Subdivision). Said easement shall not be improved lor
pedestrian or vehicle access purposes unless (i) the City of Muskego Common Council
receives a duly acknowledged petition signed by at least 51% of the property owners in
Golden Country Estates Subdivision, and (ii) the Common Council determines that such
improvement is in the public interest. Upon receipt of notice by the City of Muskego that the
Common Council has received such petition and made such finding that improvement of the
easement is in the public interest, the then-owner of Parcel 2 shall, at owners expense (which
shall include any legal, engineering, and administrative expenses incurred) design, construct,
and maintain in perpetuity, the cross access improvements in accordance with plans and
specifications to be approved by the City Engineer and Public Works Committee. This
encumbrance on Parcel 2 shall be attached as a separate Exhibit to this Agreement and
recorded at the time of execution of this Agreement.
b) STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN: Construction
shall be in accordance with Plans and Specifications on file with the Director of Engineering and
Building dated June 1, 2001, as approved by the Public Works Committee on June 25, 2001
a) Construct, install, furnish and provide facilities without expense to City, including all off-site
mains and appurtenances required to serve the PUD. Such plans shall provide for all sump
pump discharge to a tile or storm sewer system. Developer shall own and maintain all storm
sewers and appurtenances located within the PUD. The City retains the right to require the
Developer to install additional storm drainage and erosion control measures.
b) Grade and improve the site without expense to City in conformance with the Master Grading
Plan, including restoration with topsoil and sod. All grades must be verified by Developer's
Engineer after completion with the following tolerances: All lot corners must be from exact to
plus or minus two (2) inches. Overall lot grades must be from exact to minus six (6) inches.
Building pads from exact to minus twelve (12) inches. All swales and ditches must be graded
to exactly minus three (3) inches to allow for standard finish.
c) Adhere to the terms and conditions of the Retention Pond Maintenance Agreement and
Stormwater Management Plan executed February 5,2001
d) 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 executed February 5, 2001
AMENDMENT NO. 1
Developers Agreement lor 'Oreamlanb
Planned Unit Development - Phase One
0 e) Clean all storm sewers without expense to City prior to issuance of building permits, and prior
to issuance of occupancy permits.
c) SANITARY SEWER: Construction shall be in accordance with Plans and Specifications on file
with the Director of Engineering and Building dated June 1, 2001, as approved by the Public
Utilities Committee on June 18, 2001
a) Construct, install, furnish, and provide without expense to City a complete sanitary sewage
collection system throughout the entire PUD, including all off-site service mains required to
service the PUD.
b) Be responsible for all costs any future lift station conversions or abandonment which may be
necessary, in the sole determination of the City.
c) Complete, to the satisfaction of the City Engineer and without expense to City, any remaining
punch list items concerning the Sanitary Sewer System prior to the connection of any
structure to the sanitary sewer systems.
d) Clean all sewer lines without expense to City prior to the issuance of building permits and
acceptance of improvements by the City.
e) Abandon all on-site sanitary systems which serve structures to be removed from the
Property, in accordance with City specifications and as approved by the City Engineer
d) WATER MAIN: Construction shall be in accordance with Plans and Specifications on file with the
Director of Engineering and Building dated June 1, 2001, as approved by the Public Utilities
Committee on June 18,2001
a) Construct, install, furnish, and provide without expense to City a complete water main system
throughout the entire PUD, including all off-site service mains required to service the PUD.
b) Complete, to the satisfaction of the City Engineer and without expense to City, any remaining
punch list items concerning the Water Main System prior to the connection of any structure to
the water system.
c) Apply for all necessary permits and meter any water used from hydrants.
d) Abandon all private wells located on the Properly in accordance with City specifications and
as approved by the City Engineer,
e) LANDSCAPING: Construction shall be in accordance with Building Site and Operation Plan
approvals of June 5, 2001, by Resolution #PC 080-2001, and July 17, 2001 by Resolution #PC
098-2001
a) Preserve existing trees outside of the public right-of-way whenever practical, when installing
the PUD Improvements.
0 b) Remove and lawfully dispose of: (i) all old barns, buildings and structures in accordance with
Chapter 30 of the Municipal Code; (ii) destroyed trees, brush, tree trunks, shrubs and other
natural growth; (iii) all rubbish; all without expense to City.
AMENDMENT NO. 1
Developers Agreement lor "Oreamland"
Planned Unil Development - Phase One
Page 6
Specifications on file with the Director of Engineering and Building dated June 1, 2001, as
f) EROSION CONTROL MEASURES: Construction shall be in accordance with Plans and
approved by the Public Works Committee on June 25,2001
a) 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 received from the City.
b) Construct, install, furnish and provide without expense to City a complete system of Erosion
Control Devices or measures in specified areas of the PUD.
c) Install silt fencing in conformance with the approved plans prior to the grading and
construction work. Such fences shall be maintained by the Developer until such time as
vegetative cover is established in the PUD. No grading shall occur without a two (2) day
notice to the City.
d) Install Mulching and seeding of all disturbed areas without expense to City to comply with
Municipal Code Chapter 29.
e) Maintain Sixty Thousand Dollars ($60,000.00) from the Letter of Credit, to be retained until
adequate vegetation is established as determined by the City Engineer A reduction of fifty
percent (50%) of the Sixty Thousand Dollars ($60,000.00) portion of the Letter of Credit is
allowable upon verification of fifty percent (50%) of disturbed areas are vegetated. If, upon a
written notification by the 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 this portion
of the Letter of Credit to correct the terms of non-conformance.
SECTION 111 : TIME OF COMPLETION OF IMPROVEMENTS:
Section 111 of the Developers Agreement executed February 5, 2001 is replaced as follows:
The improvements set forth in Section II above shall be completed by the Developer within one (1) year
from the execution of this Amendment except if an earlier date is provided for in this Amendment. The
final surlace course pavement in Phase One shall be completed within 24 months after the installation of
the first lift of asphalt. Developer 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 of pavement,
such notice shall be considered a failure to complete improvements in accordance with this Amendment
and shall entitle the City to immediately draw against the Letter of Credit.
AMENDMENT NO, 1
Developers Agreement lor 'Dreamland"
Planned Unit Development - Phase One
SECTION XI1 : FINANCIAL GUARANTEES:
Section XI1 of the Developers Agreement executed February 5,2001 is replaced as follows:
1 LETTER OF CREDIT: Prior to the execution of this agreement by the City, the Developer shall file
with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney in the
amount of $2,463,562.00 as a guarantee that the required plans, Improvements, and approvals will
be completed by the Developer 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 PUD are satisfied.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter
of Credit, but attributable to the subject development shall be provided to the City.
b) Release Of Funds From Letter Of Credit: The Developer shall provide City with a written request
to the Finance Committee accompanied by: invoices for work completed for which a release is
being requested, breakdown of invoices in format of Public Improvement Cost Breakdown form,
lien waivers for all work which is subject of release request.
2. RELEASE OF EXlSlTlNG LETTER OF CREDIT: Concurrent with the tender of the Letter of Credit
required by Section XI1 (1) above, the City shall release the original Letter of Credit tendered
February 1, 2001 in the amount of $1,872,055.00.
3. DEVELOPER'S DEPOSIT: Developer shall maintain a balance of $7,500 in the Developer's Deposit
Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation
of the Finance Committee.
0 for Phase One. No release from the Letter of Credit shall be entertained until the Developer's
4. PRESERVATION OF ASSESSMENT RIGHTS: 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 PUD.
This provision constitutes the Developer's consent to the installation by the City of all improvements
required by this Agreement and constitutes the Developer's waiver of notice and consent to all
special assessment proceedings as described in Sec. 66.60 (18), Wis. Statutes.
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 XVI : RELATION TO FEBRUARY 5,2001 AGREEMENT
All provisions of the Agreement executed February 5, 2001 remain in full force and effect unless
specifically modified by this Amendment.
' AMENDMENT NO. 1
Developers Agreemenl lor "Dreamland"
Planned Unll Development. Phase One
PARTIES TO AMENDMENT NO. 1
IN WITNESS HEREOF, Developer and City have caused this Amendment to the Executed Agreement
dated February 5, 2001 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.
A. Jewel Food Stores Inc. a New York Corporation
By:
William H. Arnold, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , 2001 William H. Arnold, to me known to be
the person who executed the foregoing instrument and acknowledged the same.
My Commission Expires
Notary Public-State of Wisconsin
AMENDMENT NO. 1
Developers Agreement lor "Dreamland'
Planned Unit Development. Phase One
Page 9 . ;3: City Of Muskego:
David L. DeAngelis, Mayor
BY:
Jean K. Marenda, City ClerklTreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of ,2001, the above named David L.
DeAngelis, Mayor, and Jean Marenda, City Clerwreasurer, 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
July, 2001
authority and pursuant to the authorization by the Common Council from their meeting on the 24Ih day of
Notarv Public-State of Wisconsin
My Commission Expires
' AMENDMENT NO. 1
Developers Agreement for "Oreamlanb
Planned Unit Developmenl - Phase One
Paae 10
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Amendment No. 1 to the Developer's
Agreement for Dreamland PUD Phase One, Muskego, Wisconsin, as entered into on the day of
Muskego, pursuant to the authorization by the Common Council from their meeting on the 24Ih day
of July, 2001
, 2001 by and between Jewel Food Stores, Inc. A New York Corporation and the City of
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerkfTreasurer
I SUBSCRIBED AND SWORN TO BEFORE ME
this- day of - ,2001
1
10 (Notary Public)
I My commission expires
. PUBLIC IMPROVEMENT COST BREAKDOWN
KOHL'S DEPARTMENT STORE
LE'ITER OF CREDIT
a. Excavation to subgrade (Fine Grading)
b. Stone base material
c. Bituminous base course pavemenl
d. Bituminous surface course pavement
e. Concrete pavement
f. MarkingslAdjustments
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 & shrub plantings
f. Landscaping as specified by City
g. Erosion control
h. Engineering Inspections
0 i. Tracking PadRip-Rap
#3 TOPSOIL, SEEDING/SODDING
a. Topsoil Strip
b. Terrace areas
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering Inspections
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Sidewalk
c. Blvd./traffic islands
d. Ditch inverts
e. Engineering Inspections-Off Site
Beg. Bal ADJ. BAL.
$26,574.00 $26,574.00
$160,344.00 $160.344.00
$123,046.00 $123.046.00
$98,956.00 $98.956.00
$0.00 $0.00
$1 1,503.00 $11,503.00
$10,000.00 $10,000.00
$430.423.00 $0.00 $430.423.00
$202.020.00 $202,020.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$100,000.00 $100,000.00
$0.00 $0.00
$5,463.00 $5,463.00
$10,000.00 $10,000.00
$3,667.00 $3,667.00
$321,150.00 $0.00 $321,150.00
$200,427.00 $200,427.00
$0.00 $0.00
$0.00 $0.00
$6,000.00 $6,000.00
$8 1,744.00 $8 1,744.00
$6,000.00 $6,000.00
$294,171.00 $0.00 $294.171.00
$100,660.00
$15,000.00
$0.00
$0.00
$5.000.00
$100,660.00
$15.000.00
$0.00
$0.00
$5.000.00
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
a. Mains.risers &Manholes
b. Laterals
c. Dumping station & Generator
d. Force main ' e. Grinder pumps &chamber-indiv dwelling
f. Engineering Inspections
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering Inspections
f. Offsite 16" W.M.
#7 STORM SEWER SYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culvens
d. Drain tile
e. Headwallsldischarge structures
0 f. Engineering Inspections
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion ControllVegetation Retainage
$92,170.00 $92,170.00
$0.00 $0.00
$200,000.00 $200,000.00
$70,000.00 $70,000.00
$0.00 $0.00
$20,000.00 $20,000.00
$382,170.00 $0.00 $382,170.00
$165,653.00 $165,653.00
$25,000.00 $25,000.00
$0.00 $0.00
$0.00 $0.00
$20,000.00 $20,000.00
$465,000.00 $465,000.00
$675,653.00 $0.00 $675,653.00
$132,585.00 $132,585.00
$4,000.00 $4,000.00
$0.00 $0.00
$0.00 $0.00
$5,750.00 $5,750.00
$5,000.00 $5.000.00
$147.335.00 $0.00 $147,335.00
$0.00
$0.00
$0.00
$60.000.00
$0.00
$0.00
$0.00
$60.000.00
$60.000.00 $0.00 $60.000.00
.~ .
#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for wls
d. Legal
e. Land acquisition
$10.000.00
$0.00
$14,000.00
$8,000.00
$10.000.00
$0.00
$14,000.00
$8.000.00
$0.00 $0.00
$32,000.00 $32,000.00
TOTAL PROJECT ESTIMATE $2,463,562.00 $0.00 $2,463,562.00
0
LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included
in total Project Estimate**
$2.463,562.00
$80,000.00
abank.
@ U.S. BANK NATIONAL ASSOCIATION
INTERNATIONAL LETTERS OF CREDIT ID-518
BOISE, IDAHO 83702
101 SOUTH CAPITOL BLVD. SUITE 814
SWIFT:USBKUS44
TELEX:262542 USBNK ID
PHONE:208-383-7612
FAX: 208-383-7641
.................... """"""""""""""~"""""-
IRREVOCABLE STANDBY LETTER OF CREDIT
.................... """""""""""-""""""""-
"""""""""""~"-"""""""""""""""""""""""- """"~""""""""""""""""""""""""""""~"""-
BENEFICIARY: APPLICANT:
CITY OF MUSKEGO JEWELL FOOD STORES, INC.
W182 58200 RACINE AVENUE
POST OFFICE BOX 749 C/O ALBERTSON'S INC
MUSKEGO WI 53150-0749
250 PARK CENTER
BOISE IDAHO 83726
P.O. BOX 20
""""""""""""""""""""""""""""""""""""- .........................................
LETTER OF CREDIT NUMBER: SLCBBOI00460 """"""_"""""""""""""""""""""""""""""" "_"""""""""""""""""""""""""""""""""""
EXPIRY: R-J2
AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS
BOISE, IDAHO 83702 ON OR BEFORE 5:OO PM
LOCATED AT 101 S CAPITOL BLVD., SUITE 814
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AMOUNT: USD
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AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE U.S. BANK
WE HEREBY ISSUE THIS IRREVOCABLE DOCUMENTARY CREDIT IN YOUR FAVOR WHICH IS
NATIONAL ASSOCIATION, BOISE, IDAHO. EACH DRAFT ACCOMPANYING DOCUMENTS
MUST STATE "DRAWN UNDER THE U S. BANK NATIONAL ASSOCIATION DOCUMENTARY
CREDIT NO. SLCBBOI00460".
THIS STANDBY CREDIT IS TO PROVIDE A GUARANTEE TO THE CITY OF MUSKEGO
AGREEMENT DATED BETWEEN THE CITY OF MUSKEGO AND
FOR THE PERFORMANCE OF APPLICANT'S OBLIGATIONS UNDER THAT CERTAIN
JEWELL FOOD STORES, INC.
DRAFTS ARE TO BE ACCOMPANIED BY: A STATEMENT SIGNED BY THE MAYOR OF
THE CITY OF MUSKEGO STATING THAT APPLICANT HAS FAILED TO COMPLETE THE
CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN ACCORDANCE WITH SAID
AGREEMENT OR OTHERWISE COMPLY WITH THE OBLIGATIONS OF THE AGREEMENT.
SAID STATEMENT SHALL SET FORTH THE ESTIMATED AMOUNT NECESSARY FOR THE
CITY OF MUSKEGO TO COMPLETE SUCH IMPROVEMENTS OR OTHERWISE COMPLY
WITH THE OBLIGATIONS OF THE AGREEMENT.
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PROVIDED, HOWEVER, U.S. BANK NATIONAL ASSOCIATION SHALL
SPECIAL CONDITIONS: THIS STANDBY WILL TERMINATE OF THE -DAY OF
GIVE WRITTEN NOTICE TO THE BENEFICIARY OF ITS INTENTION TO TERMINATE
THIS STANDBY CREDIT AT NINETY (90) DAYS PRIOR TO THE 6TH DAY OF MAY
2002. AFTER SAID DATE, THIS LETTER OF CREDIT CAN ONLY TERMINATE UPON
NINETY (90) DAYS WRITTEN NOTICE TO THE BENEFICIARY.
'THIS LETTER OF CREDIT IS EFFECTIVE mm-rnm~ ANY DRAWINGS
PRESENTED PRIOR TO THAT DATE WILL NOT BE HONORED.
IT IS HEREBY AGREED BY ALL PARTIES HERETO THAT THE REFERENCE TO
SHALL NOT BE CONSTRUED IN ANY MANNER TO REQUIRE U.S. BANK NATIONAL
"AGREEMENT" IS FOR IDENTIFICATION PURPOSES ONLY, AND SUCH REFERENCE
ASSOCIATION TO INQUIRE INTO ITS TERMS AND OBLIGATIONS.
0
0
WE ENCOURAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS OF THIS CREDIT WILL BE DULY HONORED IF PRESENTED ON OR
BEFORE THE EXPIRATION DATE THIS ORIGINAL STANDBY CREDIT MUST BE
ENDORSEMENT OF ANY PAYMENTS EFFECTED BY US AND/OR FOR CANCELLATION
SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR
A MEMBER OF THE FEDERAL RESERVE SYSTEM
U S BANK NATIONAL ASSOCIATION
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE