CCR2001163COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #163-2001
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT
AND LETTER OF CREDIT
The Reserve at Champions Village
WHEREAS, A Final Plat was submitted on, July 5, 2001 for the The Reserve at
Champions Village Subdivision located in the NE and NW % of Section 25 to create
17 single family lots and two outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution
#P.C. 102-2001, and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for
The Reserve at Champions Village 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 The Reserve at Champions Village Subdivision, subject to approval of the
City Engineer and all objecting and approving agencies, and receipt of all fees as
provided in Section 18.14 of the Land Division Ordinance and any special assessments
which may be due.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for
The Reserve Estates Subdivision, as attached, are hereby approved subject to
approval of the City Attorney and City Engineer, all of said approvals to be obtained
within thirty (30) days of the date of approval of this Resolution or the same will be null
and void.
BE IT FURTHER RESOLVED That this approval is subject to the passage and
publication of Ordinance #1076.
BE IT FURTHER RESOLVED That a digital *.DXF file, *.DGN file, or *.DWG file of this
final plat be submitted to the City prior to City signatures being placed upon the plat (3-
1/2" diskette) and all information transmitted on the diskettes shall be tied to and
referenced to State Plane Coordinates NGVD 1929 or others approved by the City
Engineer
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
Reso. #163-2001
0 DATED THIS 28th DAY OF Auqust ,2001
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 #163-2001 which
was adopted by the Common Council of the City of Muskego.
InnGuLetcceoi,
8/0ljmb
VILLAGES AT MUSKEG0 LAKES PARTNERSHIP - CITY OF MUSKEG0
THE RESERVE AT CHAMPIONS VILLAGE - SUBDIVIDER'S AGREEMENT
This Agreement, made this day of -, 2001 by and between Villages at Muskego Lakes
Partnership (the "Subdivider") 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 Final Plat for The Reserve at
Champions Village Subdivision (the "Subdivision"), described as:
Lots 1-17, inclusive, and Outlots 1 and 2, of The Reserve at Champions Village, being a
redivision of Parcel 2 of Certified Survey Map No. 8703, and a redivision of Lots 16 and
of the NE %, and part of the NE 'h of the NW % of Section 25, T5N R20E, City of
17 of Champions Village of Country Club Villages, Being a part of the NW '/4 and SW %
Muskego, Waukesha County, Wisconsin, being 17.413 acres, more or less
the Final Plat 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; and
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, Subdivider's plans and
specifications for subdivision improvements, and the City's Plan Commission and Common Council have
duly approved the final plat of The Reserve at Champions Village 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 : PLAlTING
1 This Subdividers Agreement addresses the development of 15 new parcels platted for single family
residential use, two replatted parcels for single family residential use, one outlot platted for open
space and stormwater retention purposes, and one outlot to be retained by Subdivider for possible
future redivision and development, 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
12,500 square feet in area, 80 feet in average lot width, having street yard setbacks of 30 feet,
side yard offsets of 10 feet unless encumbered by easements of greater width, and rear yard
offsets of 30 feet. 0 b) Outlot 1 shall be reserved for common open space and stormwater management purposes
consistent with OPD Planned Development overlay zoning requirements, and shall be owned and
maintained by Owners Associations established by Subdivider
Page 2
The Reserve at Champions Village
Subdividers Agreement
ORAFT July 19,2001
2. Subdivider shall entirely at its expense: * a) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in
the amount required herein for the construction of improvements required by this Agreement. No
construction activity may commence until this Agreement has been executed and recorded, and
the Letter of Credit has been tendered.
b) Concurrent with the execution of this Agreement, 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.
c) Within thirty (30) 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.
d) Within thirty (30) days after approval by all approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the final plat of The Reserve at Champions
Village to be executed and recorded, and shall provide City with evidence of recording.
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.
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 plans and specifications approved
by the Public Works Committee on March 26, 2001 including off site improvements necessary to
provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street
improvements, as approved by the Director of Engineering and Building and Public Works
Committee as indicated in the plans and specifications dated December 1, 2000 and made a part
hereof and on file with the Director of Engineering and Building Department.
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.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1 Construct, install, furnish and provide facilities as approved by the Director of Engineering and
Building and Public Works Committee on March 26, 2001 for storm and surface water drainage
throughout the Subdivision, and a Master Grading Plan providing for sump pump discharge to a tile
or storm sewer system, all in accordance with the plans and specifications dated December 1, 2000,
revised December 21, 2000 and on file in the City Building and Engineering Department. The City
Page 3
The Reserve a1 Champions Village
Subdividers Agreement
DRAFT July 19. 2001
@
2.
3.
4.
C.
1
0
2.
3.
D.
1
2.
3.
@ 4.
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.
Grade and improve all lots in conformance with the Master Grading Plan as approved by the Director
of Engineering and Building and Public Works Committee on Match 26, 2001 all in accordance with
the plans and specifications dated December 1, 2000 and revised December 21, 2000, on file in the
City Building and Engineering Department. Restore with topsoil and seed. Establish dense
vegetation.
Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
Execute and record a Maintenance Agreement in the form attached hereto as approved by the
Director of Engineering and Building and Public Works Committee on August 27, 2001 relating to
privately owned storm water appurtenances, and provide proof of recording prior to sale of lots in the
Subdivision. 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.
SANITARY SEWER:
Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the Subdivision, and including off site improvements necessary to provide such
system, as approved by the Director of Engineering and Building and the Public Utilities Committee
on February 19, 2001 all in accordance with the plans, specifications and drawings dated December
1, 2000 on file in the City Building and Engineering Department.
Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary
sewer systems.
Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, 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.
WATER MAIN:
Construct, install, furnish, and provide without cost to City, a complete community well system of
water supply and distribution, including any off site improvements necessary to provide such system,
(herein referred to as the Water Facilities) throughout the Subdivision, as approved by the Director of
Engineering and Building and Public Utilities Committee on February 19, 2001 and in accordance
with the plans and specifications dated December 1, 2000 on file in the City Building and
Engineering Department.
Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
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.
Subdivider, its successors or assigns, shall operate and maintain the wells and water distribution
system for Champions Village as required by the City Utility and any applicable governing agencies.
The cost of operating and maintaining such facilities, including provisions for reasonable reserves
Page 4
The Reserve at Champions Village
Subdividers Agreement
ORAFT July 19,2001
and depreciation of facilities shall be determined and levied against those lots which are improved
with dwellings per the Covenants and Restrictions and Water Trust for Champions Village and 0 Country Club Villages
5. Upon completion of the system, furnish and provide the City with a complete summary of the actual
construction costs for such system of water supply and distribution broken down in sufficient detail to
satisfy the requirements of the Wisconsin Public Service Commission in establishing or revising a
rate base.
6. Furnish well test data and other information required by the Wisconsin Department of Natural
Resources, the Wisconsin Public Service Commission, and the City of Muskego.
7 The following special provisions shall apply to the well(s), water mains and water laterals to be
installed by the Subdivider pursuant to this agreement:
(a) To the extent necessary, the City shall grant a franchise to the Subdivider, its successors in title to
the Water Facilities, or to a Trust which shall hold legal title to said facilities for the benefit of all
owners of lots within the Subdivision, to operate a private utility to serve the Subdivision; provided
however, that the rates and service charges of such utility shall be formulated so as not to
produce any return upon the initial capital costs of installing the Water Facilities.
(b) The City shall have an indefinite option to require transfer of the Water Facilities, without
consideration to SUBDIVIDER, or their successors in title to the Water Facilities, or any property
owner, as of the end of any calendar month upon at least thirty (30) days prior writlen notice by
the public owner of any municipal, intermunicipal, or metropolitan water system, including the City
of Muskego, either alone or in cooperation with other municipalities or any statutory water district.
(c) The City grants to the Subdivider, and to its successors in title to the Water Facilities, a perpetual
right and easement under all dedicated public streets in the subdivision for the installation,
maintenance and repair of the Water Facilities. Subdivider, or its successors in title to the Water
Facilities, in connection with any such maintenance and repair work, shall erect suitable, lighted
barricades; shall repair, restore and rebuild as necessary all streets and other public
improvements located in dedicated streets which may be opened, damaged or removed in
performing such work; and shall indemnify the City and its agents, consultants and employees of
each, and hold them harmless against all loss, damage claims and expenses to or by any third
party as a result of such work performed within the right-of-way of a public street.
(d) The CITY shall, at all times, have the right to draw water from said system through the fire hydrants
provided therefor, for fire-fighting and other municipal purposes, without charge to the City.
(e) The Subdivider or its successors in title to the Water Facilities, agrees to preserve and maintain the
water capacity of the well(s) and pumping facility(ies) measured in terms of the Wisconsin
Department of Natural Resources, or other governmental agency(ies), flow requirements and the
requirements of the City Utility, to satisfactorily serve the lots in the subdivision.
E. LANDSCAPING:
1 Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division
Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan
plans dated,
dated March 28,2000 and adopted by the Common Council on July 11,2000 and in accordance with
as conditionally approved by the Planning Director and Plan Commission on
and on file in the City Building and Engineering Department.
Page 5
The Reserve at ChamDionS Villaae " Subdividers Agreement
ORAFT July 19,2001 I
F. EROSION CONTROL MEASURES:
' @I Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion
Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion
Control Ordinance by the Director of Engineering and Building and Public Works Committee on
March 26, 2001 in accordance with the plans and specifications dated December 1, 2000 and
revised December 21, 2000 on file in the City Building and Engineering Department.
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, in accordance with the Erosion Control
Plan as approved by the Director of Engineering and Building and Public Works Committee on
March 26, 2001 in accordance with the plans and specifications dated December 1, 2000 and
revised December 21, 2000 on file in the City Building and Engineering Department. No construction
or grading can begin until said permit is issued by the City, and no grading shall occur without a two
(2) day notice to the City.
3. Install silt fencing in conformance with the approved Erosion Control Plan 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. Install Mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
4. Maintain Twenty Thousand Dollars ($20,000.00) in the Letter of Credit, to be retained until adequate
vegetation is established as determined by the Director of Engineering and Building. A reduction of
fifty percent (50%) of the Twenty Thousand Dollars ($20,000.00) portion of the Letter of Credit is
allowable upon verification that fifty percent (50%) of disturbed areas are vegetated. If, upon a
non-compliance of Chapter 29, the items are not corrected within five (5) days, the City may utilize
written notification by the Director of Engineering and Building or Building Inspection Department of
the Twenty Thousand Dollars ($20,000.00) portion of the Letter of Credit to correct the terms of non-
conformance.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section 111, except for final surface course of pavement and installation of
street trees, shall be 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 street trees may 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 installation of street trees are 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 and installation of street
trees are completed. The amount of the Letter of Credit extension shall be sufficient to cover the cost
of the incomplete improvements as determined by the Director of Building and Engineering.
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final
surface course pavement and installation of street trees 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.
The Reserve at Champions Village
Page 6
Subdividers Agreement
ORAFT July 19.2001
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, and for the private community well and water distribution system serving the
Subdivision. 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 Subdivider's 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 streets, sanitary sewers, storm water drainage facilities (excluding those facilities which are to be
owned and maintained by Owners Associations) 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
water distribution facilities, after the first lift of bituminous concrete pavement has been installed, when
receptive to the dedications of improvements, except private storm water drainage facilities and private
all said utilities have been completed and approved by the Director of Engineering and Buildings and
other agencies as applicable.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the
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.
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 VII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein,
but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which
shall be incurred by the City prior to and following the date hereof in connection with or relative to the
construction, installation, dedication and acceptance of the improvements covered by Section Ill,
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.
Page 7
The Reserve at Champtons Village
Subdividers Agreement
ORAFT July 19,2001
SECTION Vlll : MISCELLANEOUS REQUIREMENTS
'The Subdivider shall:
1 Easements: Provide any easements on Subdivider's land deemed necessary by the Director of
Engineering and Buildings 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. I
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner
I 3. Municipal Codes and Ordinances: 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.
4. Deed Restrictions: Execute and record deed restrictions and provide proof of recording prior to sale of
lots in The Resewe at Champions Village which contain the following language:
"Each lot owner must strictly adhere to and finish grade his lot in accordance with the Master
Grading Plan on file in the office of the Subdivider and the office of the City Building Inspector
unless a change is approved by the Director of Building and Engineering. The Subdivider and/or
the City and/or the agents, employees or independent contractors shall have the right to enter
upon any lot, at any time, for the purpose of inspection, maintenance, and/or correction of any
drainage condition and the Property Owner is responsible for the cost of same." (See Section
11.7.- "Construction Standards", Schedule A - Declaration of Covenants and Restrictions for
Champions Village of Country Club Villages).
0
5. Sewer Extension Permits: the City has granted the Country Club Villages development six-hundred
(600) sewer extension permits pursuant to the Agreement between the City and the Subdivider,
including Subdivider's successors and assigns, entitled "Petition for Improvements and Agreement
Regarding Special Assessments" dated February 3, 1992, as amended. The lands subject to this
Subdividers Agreement shall utilize fifteen (15) of the sewer extension permits. Two previously granted
sewer extension permits relating to the re-platting of Lots 16 and 17 of Champions Village at Country
Club Villages shall be carried forward and applied to this Subdivision. There shall remain three-
hundred and ninety nine (399) RECs of capacity for future phases of the development. Said sewer
extension permits shall be governed by said Agreement executed by the City and the Subdivider which
is made a part of this Agreement by reference. Sewer extension permits in this case are similar to
RECs referred to in said Agreement.
SECTION IX : GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary sewers, surface water drainage
improvements and all other improvements described in Section 111, against defects due to faulty
materials or workmanship provided that such defects appear within 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.
The Reseme at Champions Village
Page 8
Subdividers Agreement
ORAFT July 19,2001
SECTION X : 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 officers, agents, and employees, and independent contractors growing out of this agreement as
stated above by any party or parties. The Subdivider shall also name as additional insured on its
general liability insurance the City, its officers, agents, and employees, and any independent contractors
hired by the City to perform service as to this Subdivision and give the City evidence of the same upon
request by the City.
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 Subdivider's insurance carrier, the City shall tender the defense of
such claims to the Subdivider's 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,
agents, independent contractors, employees under Workers' Compensation Acts, disability
benefit acts, or other employee benefit acts.
0
b) Personal Liability 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
0
The Reserve at Champions Village
Page 9
Subdividers Agreement
DRAFT July 19.2001
0 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 rectify 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. I
I
d) Subdivider shall, at its expense, obtain and carry 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 thirty (30) 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 to recover thereon.
SECTION XI : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement
shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the
Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing
the work on the attached Exhibits.
SECTION XI1 : CONSTRUCTION PERMITS, ETC .... 0 The CITY shall, within its authority:
1. 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 XIII.
SECTION Xlll : 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 Director of Engineering and Building has 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 installation of the bituminous
concrete base course pavement has been properly installed, and 0
2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and
Building, and
The Reserve al CharnDions Villaae
Page 10
Subdividers Agreement
ORAFT July 19.2001
-
3. Certification is provided to the Director of Engineering and Building by a Registered Land 0 Surveyor that all lot grades conform to the Master Grading Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning
Director
SECTION XIV. FINANCIAL GUARANTEES:
I 1 LETTER OF CREDIT: Concurrent with 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 and Finance Committee on in the amount of $472,900.00 as a guarantee that the
required plans and improvements will be completed by the Subdivider and his subcontractors no
later than one (1) year from signing of the Agreement, except if another date is provided within this
Agreement and as a further guarantee that all obligations to the subcontractors for work on the
Subdivision are satisfied.
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) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Director of Engineering and
Building with a written request accompanied by: invoices for work completed for which a release
Breakdown form, and signed original lien waivers for all work which is subject of release request.
The Director of Engineering and Building will process all requests in accordance with policies
adopted by the Finance Committee, as may be amended from time to time.
1 0 2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $2500.00 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 otherwise authorized by the Common Council following a recommendation
of the Finance Committee.
l is being requested, breakdown of invoices in the format of the Public Improvement Cost
!
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
i which the City is entitled by virtue of this Agreement upon the Subdivision. This provision
I 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.
!
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 XV. PARTIES BOUND:
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 other improvements shall be the
Subdividers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific
project shall not constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design,
performance, and function of the Development and related infrastructure as described in this Agreement
and adopted Ordinances of the City of Muskego.
The Reserve al Champions Village
Page 11
Subdividers Agreement
DRAFT July 19,2001
SECTION XVI . AMENDMENTS AND ASSIGNMENT:
'Subdivider shall not assign this Agreement without the written consent of the City. The City and the
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
the Subdivider
SECTION XVll : PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, 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. Villages at Muskego Lakes Partnership
By:
Boris Sodos, Secretary
Country Club Villages, Inc.
Paul Votto, Member
Lakeside Villages, LLC
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of -, the above names Boris Sodos and Paul
Votto, partners in the Villages at Muskego Lakes Partnership to me known to be the person who
executed the foregoing instrument and acknowledged the same as representatives of the Subdivider
Notary Public-State of Wisconsin
My Commission Expires
IN 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.
6. CITY OF MUSKEGO:
BY:
David L. DeAngelis, Mayor
BY:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this __ day of , the above named David L DeAngelis
Mayor, and Jean K Marenda, City Clerk - Treasurer, 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 Clerk-
Treasurer 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 the day of a Notarv Public-State of Wisconsin
My Commission Expires
Page 12
The Reserve at ChamDions Villaae
Subdividers Agreement
ORAFT July 19,2001
I
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for The
day of-, by and between Villages at Muskego Lakes Partnership and the City Of Muskego,
Reserve at Champions Village Subdivision, Muskego, Wisconsin, as entered into on the
pursuant to the authorization by the Common Council from their meeting on the - day of -.
BY THE COMMON COUNCIL
Jean K. Marenda, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day
My commission expires
This instrument drafted by
Brian Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
THE RESERVE AT CHAMPIONS VILLAGE
RETENTION POND MAINTENANCE AGREEMENT
This Agreement, made and entered into this - day of , 2001, by Villages at
Muskego Lakes Partnership (hereinafter referred to as “Subdivider”), the Champions Village
Maintenance Association, Inc. (hereinafter referred to as “Association”) and the City of
Muskego. a Municipal Corporation located in the County of Waukesha and the State of
Wisconsin, (hereinafter referred to as “City”).
0
WITNESSETH:
WHEREAS, the Subdivider is the owner of certain lands commonly known as The Reserve at
Champions Village Final Plat, described as:
Lots 1-17, inclusive, and Outlots 1 and 2, of The Reserve at Champions Village, being a
redivision of Parcel 2 of Certified Survey Map No. 8703, and a redivision of Lots 16 and 17 of
Champions Village of Country Club Villages, Being a part of the NW ’/4 and SW % of the NE X,
and part of the NE % of the NW X of Section 25, T5N R20E, City of Muskego, Waukesha
County, Wisconsin, being 17.413 acres, more or less
and hereinafter referred to as the “Property”; and
WHEREAS, the City has approved the Final Plat of The Reserve at Champions Village and the
construction of storm water retention ponds within an outlot on the Property; and
WHEREAS, the Subdivider has received various City permits and Wisconsin Department of
Natural Resources permits hereinafter referred to as DNR permits to construct improvements
wlthln the Fmal Plat of The Reserve at Champions Village; and
WHEREAS, The Reserve at Champions Village is directly upstream from Big Muskego Lake,
and the City and DNR has expended great effort and expense to prevent sedimentation, and
WHEREAS, the City and the DNR has established certain requirements for retention ponds and
storm water management to be constructed within the Final Plat of The Reserve at Champions
Village, to minimize flooding and sediment migration, and
WHEREAS, the Subdivider has established an incorporated homeowners association known as
Champions Village Maintenance Association, Inc. (hereinafter referred to as the “Association”),
which shall become responsible for maintenance of the outlot upon recording of the Final Plat
and Deed Restrictions, and
WHEREAS, Upon completion of the storm water retention ponds the 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 on file in the offices of the City of
Muskego Building Department as required by the City of Muskego Storm Water Management
ordinance;
Reselve at Champions Village
Retention Pond Maintenance Agreement
Page 2
DRAFT July 19,2001
AGREED, as follows:
NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS
1 The Association unless otherwise provided for in the storm water management plan dated July
19. 2001 shall be responsible for maintenance 01 the storm water management measures within
the Subdivision.
2. The Association shall maintain the storm water management measures in accordance with the
approved storm water management plan dated July 19, 2001 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
as set by the City of Muskego.
require correction, the specified corrective actions shall be taken within a reasonable time frame
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 charge or special
assessment against all residential lots in The Reserve at Champions Village and collected with
any other taxes levied thereon for the year in which the work is completed.
7 The Subdivider shall deposit in a segregated account with the City two thousand dollars
($2,000.00) 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 Association in an amount sufficient to return the account
balance to $400.00. 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 $400.00 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 as a special assessment or special charge for all of the
residential lots in The Reserve at Champions Village.
9. This document shall be recorded with the Waukesha County Register of Deeds and shall be a
covenant running with the land and binding upon all owners of said land.
Reserve at Champions Village
Retention Pond Maintenance Agreement
Page 3
DRAFT July 19,2001
a
a
0
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.
VILLAGES AT MUSKEG0 LAKES PARTNERSHIP
By:
Boris Sodos, Secretary
Country Club Villages, Inc.
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
By:
Paul Votto, Member
Lakeside Villages, LLC
PERSONALLY came before me this - day of -, the above names Boris Sodos and
Paul Votto, partners in the Villages at Muskego Lakes Partnership to me known to be the
person who executed the foregoing instrument and acknowledged the same as representatives
of the Subdivider,
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY )
CHAMPIONS VILLAGE MAINTENANCE ASSOCIATION, INC.
By: By:
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of -, the above named
and , to me known to be the person who executed the foregoing instrument and
acknowledged the same as representatives of the Champions Village Maintenance Association. Inc.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY )
Reserve at Champions Village
Retention Pond Maintenance Agreement
Page 4
DRAFT July 19,2001
0 CITY OF MUSKEG0
By:
David L. DeAngelis, Mayor
By:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY )
Personally came before me this - day of , 2001 the above named David L.
DeAngelis, Mayor and Jean K. Marenda, City Clerk-Treasurer, of the above-named municipal
corporation City of Muskego, to me known to be the persons executed the foregoing
instrument, and to me known to be such Mayor and City Clerk-Treasurer 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 the. day of -, 2001.
Notary Public, Waukesha County, Wisconsin
My commission expires
Reserve al Champions Village
Retention Pond Maintenance Agreement ~~ " Page 5
DRAFT July 19.2001
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for The Reserve at Champions Village Subdivision, Muskego,
Wisconsin, as entered into on this -day of-, 2001 by and between Villages at Muskego Lakes
Partnership, the Champions Village Maintenance Association, Inc. and the City of Muskego,
pursuant to the authorization by the Common Council from their meeting on the -day of
-I 2001
BY THE COMMON COUNCIL
Jean K. Marenda
City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this - day of -, 2001
NotaryPublic, Waukesha County, Wisconsin
My commission expires
This document drafted by
Brian D. Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
THE RESERVE AT CHAMPIONS VILLAGE
0
0
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 Subdivider’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 The Reserve at Champions Village, 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 Subdivider, the City of Muskego and
the Champions Village Maintenance Association, Inc. regarding the management
of storm water in Reserve at Champions Village . 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.
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE
SUBDIVIDER.
The Subdivider shall at his expense:
1 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.
2. The Subdivider 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 Subdivider’s Agreement and approved plans on file with the City.
3. The Subdivider shall construct storm water retention ponds to be
contained in Outlot lin the Final Plat of The Reserve at Champions
Village. The Subdivider shall as - built the finish grade of the ponds and
provide the as-built plans to the City and Association. The Subdivider
shall also provide a bench mark at each pond to be illustrated on the as-
built drawings.
Reserve at champions Village
Slormwaler Management Plan
Page 2
DRAFT July 19.2001
4. The Subdivider upon completion of the above referenced improvements
convey by final plat and deed restriction, the improvements to the
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 constructed by Subdivider which
are outside of City owned right of way are the responsibility of the
Subdivider and Association.
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 prevent sedimentation of Big Muskego
Lake, and the City and the DNR has established certain requirements for
retention ponds and storm water management within the Final Plat the Reserve
at Champions Village, to minimize flooding and sediment. 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 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 Subdivider 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 or special charge against all residential lots in the Reserve
at Champions Village, collected with any other taxes levied thereon for the year
in which the work is completed.
Set forth below, is an outline of the City’s duties and responsibilties:
e
1 City of Muskego shall administer draw down and inspect for sediment
build-up.
2. Draw down of all retention ponds shall occur annually, and shall generally
be within the first two weeks of November
3. Draw down may only occur after determination that sediment build-up will
not be transported through discharge pipes. If sediment build-up has
occurred above the invert elevation of the discharge pipe it must be
removed prior to draw down.
Reserve at Champions Village
Stormwater Management Plan
DRAFI July 19.2001
Page 3
0 4. 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 Association according to Section 3.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
CHAMPIONS VILLAGE MAINTENANCE ASSOCIATION.
An incorporated association of the owners of all residential parcels in the
Reserve at Champions Village has been created for the purposes of managing
and controlling common areas including the out lot which contains the storm
water retention pond.
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.
0 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 pumping of sediment laden water shall be filtered through
a temporary sediment basin appropriately sized prior to being discharged.
3. The Association shall be responsible for water quality in the storm water
retention pond including removal of weeds and algae control.
0
4. Upon notification to 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 or special charge
against all parcels within the Reserve at Champions Village, collected with
any other taxes levied thereon for the year in which the work is completed.
Approved by the Public Works Committee on ,2001
Drafted by Brian D. Turk, Director of Planning
PUBLIC IMPROVEMENT COST BREAKDOWN
I CHAMPIONS VILLAGE- THE RESERVE
' 0 #I ROADCONSTRUCTION
0
a. Excavation to subgrade
b. Stone base material
c. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Other
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Tree & shrub plantings
e. Landscaping as specified by City
f. Erosion control
g. Engineering Inspections
#3 TOPSOIL, SEEDlNGlSODDING
a. Road ditch area
b. Terrace areas - in ROW
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering Inspections
g. Other (Golf Course Restoration)
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Blvd.Araffic islands
c. Engineering Inspections
d. Other (Interim Outlets)
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes
b. Laterals
c. Dumping station &Generator
d. Force main
e. Grinder pumps
f. Engineering Inspections
g. Other
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
Beg. Bal AD]. BAL.
$21,500.00
$16,000.00
$2 1,000.00
$10.500.00
$0.00
$0.00
$2 1,500.00
$16.000.00
$2 I .ooo.oo
$10.500.00
$0.00
$0.00
$73,000.00
$4,000.00
$0.00 $73,000.00
$4,000.00
$63,500.00 $63.500.00
$0.00 $0.00
$0.00 $0.00
$10,000.00
$0.00
$10.000.00
$0.00
$4,000.00 $4,000.00
$80,500.00
$3,000.00
$0.00 $80.500.00
$3,000.00
$l2.000.00
$0.00
$0.00
$0.00
$5.000.00
$3.000.00
$12,000.00
$0.00
$0.00
$0.00
$5,000.00
$3,000.00
$6,000.00 $6,000.00
$26,000.00 $0.00 $26,000.00
$15,000.00
$0.00
$2,500.00
$15.000.00
$0.00
$2.500.00
$2.500.00 $2.500.00
$20.000.00 $0.00 $20.000.00
Beg. Bal AD]. BAL.
$105.000.00 $105,000.00
$12,000.00 $12.000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$8,000.00
$0.00
$8,000.00
$0.00
$125,000.00 $0.00 $125.000.00
$38.500.00
$7,000.00
$38,500.00
$7.000.00
Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
CHAMPIONS VILLAGE- THE RESERVE
c. Water lateral
d. Well & pumphouse
e. Other (Conc. Buttress w/air vent)
e. Engineering Inspections
Beg. Bal ADJ. BAL.
$10,500.00 $10,500.00
$350.00
$0.00 $0.00
$350.00
$6,000.00 $6,000.00
$62,350.00 $0.00 $62.350.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $36,500.00 $36,500.00
b. Catch basins & leads $7.500.00 $7.500.00
c. Culverts $0.00 $0.00
d. Drain tile $2,800.00 $2,800.00
e. Headwalls/discharge struclures $0.00 $0.00
f. Engineering Inspections $4,000.00 $4,000.00
g. Other $750.00 $750.00
$5 I.550.00 $0.00 $51.550.00
#8 SPECIAUMISC IMPROVEMENTS AND RETAINAGE
a. Street lights $0.00 $0.00
b. Street signs $500.00 $500.00
c. Signs as specified by City $0.00 $0.00
d. Erosion Control $20,000.00 $20,000.00
e. Other
#9 FEES
a. Citv administration
b. Eng. inspections (req for all LOC)
c. Engineering as built drawings
d. Legal
e. Land acquisition
f. Other
$0.00 $0.00
$20,500.00 $0.00 $20,500.00
$8.000.00 $8,000.00
$0.00 $0.00
$6,000.00 $6,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$14,000.00 $0.00 $14.000.00
TOTAL PROJECT ESTIMATE $472,900.00 $472,900.00
LETTER OFCREDIT AMOUNT
Engineering**Total engineering Costs included
in total Project Estimate**
$36,500.00
Page 2 of 2
DRAFT
August 15,2001
IRREVOCABLE STANDBY LETTER OF CREDIT NO. DC2962
Amount: USD 472.900.00
BENEFICIARY APPLICANT
City of Muskego The Villages at Muskego Lakes Partnership
P.O. Box 749 622 N. Water Street, #200
W 182 S8200 Racine Ave. Milwaukee, WI 53202
Muskego, WI53150
Dear GentlemadMa’am:
We hereby issue this Irrevocable Standby Letter ofcredit No. DC2962 in your favor
which is available by beneficiary’s drafl(s) at sight drawn on Associated Bank N.A.
Each draft accompanying documents must state “Drawn under Associated Bank N.A.,
Letter of Credit No. DC2962.
This credit is to provide a guarantee to the City ofMuskego for the performance of
Applicant obligations under that certain agreement dated between the City of
Muskego and Applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
0
0
A statement signed by the Mayor of the City ofMuskego 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.
This credit will terminate on the i5* day ofNovember, 2002 provided, however,
Associated Bank N.A. shall give written notice to the beneficiary of its intention to’ Iz
terminate this standby credit at ninety (90) days prior to the 19’ day otXGember, 2002:
Mer said date, this letter of credit can only terminate upon ninety (90) days written
notice to the beneficiary.
401 E. Kilbourn Ave. Milwaukee, WI 53202 414~271-1786
Page 2
DC2962
It is hereby agreed by all parties hereto that the reference to “Agreement” is for
identification purposes only and such reference shall not be construed in any manner to
require Associated Bank N.A. to inquire into its terms and obligations.
We engage with you that drafts drawn under and in compliance with the terms of this
credit will be duly honored if presented on or before the expiration date. This original
Standby Credit must be submitted to us together with any drawings hereunder for our
endorsement of any payments effected by us and/or for cancellation.
Associated Bank N.A.
RESOLUTION #P.C. 102-2001
0 APPROVAL OF A FINAL PLAT FOR THE RESERVE AT CHAMPIONS VILLAGE
SUBDIVISION, AMENDMENT TO THE 2010 COMPREHENSIVE PLAN, AND
FOR VILLAGES AT MUSKEG0 LAKES PARTNERSHIP LOCATED IN THE NE
YI AND NW YI OF SECTION 25
(TAX KEY NO 2258.996.002, 2257.016, AND 2257.017)
WHEREAS, On July 5, 2001 a preliminary plat was submitted by Jeffrey Barczak
for the Reserve at Champions Village Subdivision of a property located in the NE
YI and NW '/4 of Section 25, and
WHEREAS, Said plat consists of 17 proposed single family residential parcel and
two outlots, and encompasses unplatted lands previously approved by the City
of Muskego as Muirfield Village, and lots 16 and 17 of the plat of Champions
Village of Country Club Villages, and
WHEREAS, Said property is currently zoned A - Agricultural District, and
WHEREAS, Said property has been previously approved to be rezoned, subject
to recording the final plat of Muirfield Village, to RSA / OPD Attached Single
Family Residence with Planned Development Overlay District, and
WHEREAS, By Resolution #PC 202a-2000 the Plan Commission approved a
Preliminary Plat of the Reserve at Champions Village, determined said plat to be
a substantial change to the approved Planned Development District, and
conceptually recommended rezoning to RS-YOPD Suburban Residence District
with Planned Development Overlay District, and
WHEREAS, By Resolution #236-2000 the Common Council determined said plat
to be a substantial change to the approved Planned Development District, and
called for a public hearing in conjunction with the final plat and rezoning petition
for The Reserve at Champions Village, and
WHEREAS, By Resolution #247-2000 the Common Council approved the
Preliminary Plat for The Reserve at Champions Village, and
WHEREAS, Said property is proposed to be zoned RS-YOPD Suburban
Residence District with Planned Development Overlay zoning, requiring a
minimum lot size of 12,500 square feet and an average minimum width of 80
feet, and said lots appear to meet said minimum zoning requirements, and
WHEREAS, Setbacks and offsets are proposed to be 30 feet for front (street)
yards, rear yards, and the westerly side yards of parcels 1 and 17, and 10 feet for
all other sides, except where encumbered by easements of greater than 10 feet,
the greater distance shall apply, and
RECOMMENDATION TO COMMON COUNCIL TO REZONE TO RS-YOPD,
e
B WHEREAS, The 2010 Comprehensive Plan depicts this area for medium density
residential development with 3.0 to 4.4 dwelling units per net acre, and such land
b uses and density are substantially lower than the adopted Plan and approved
concept plan of the Villages at Muskego Lakes Planned Development District,
and
WHEREAS, Said parcels will be serviced by City sewer and a private water
system, and
WHEREAS, Wetlands are present on the parcel, and have been field delineated
by the Southeastern Wisconsin Regional Planning Commission and depicted on
the Final Plat submittal, and
WHEREAS, The proposed plat will be required to manage stormwater as
required by Chapter 34 of the Municipal Code, and the location of stormwater
detention within an outlot is recommended by the Plan Commission, and
WHEREAS, Soil borings are required to be completed concurrent with
preliminary platting, and logs have been provided.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 17
Muskego Lakes Partnership, located in the NE % and NW % of Section 25
subject to resolution of technical discrepancies as identified by the City Planning
Department and City Engineers, and payment of all applicable fees in Section
18.14 of the Land Division Ordinance and outstanding assessments if applicable,
establishment of a Subdivider's Agreement and Letter of Credit.
I lot Final Plat for the Reserve at Champions Village Subdivision by Villages at
'0
BE IT FURTHER RESOLVED, That a digital *.DXF file, *.DGN file, or 'DWG file
of this final plat be submitted to the City prior to City signatures being placed
upon the CSM (3-1/2" diskette) and all information transmitted on the diskettes
shall be tied to and referenced to State Plane Coordinates NGVD 1929 or others
approved by the City Engineer
BE IT FURTHER RESOLVED, That all stormwater management appurtenances
shall be located within outlots to be owned by pro-rata share of the lot owners
and all maintenance shall be the responsibility of an incorporated home owners
association. Maintenance of all such facilities shall be addressed by a
Stormwater Management Plan and Maintenance Agreement to be developed by
the Public Works Committee.
BE IT FURTHER RESOLVED, That the Plan Commission recommends to
Common Council the rezoning of the property to RS910PD concurrent with the
approval of a Final Plat for Reserve at Champions Village.
BE IT FURTHER RESOLVED, That the Plan Commission recommends to
Common Council the establishment of setbacks and offsets as depicted on the
Final Plat.
Plan Commission
City of Muskego
Adopted: July 17, 2001
Defeated:
Deferred:
Introduced: July 17, 2001
ATEST. Sandi Asti, Recording Secretary