CCR2002164COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #164-2002
0 APPROVAL OF FINAL PLAT, SUBDIVIDERS AGREEMENT AND LElTER OF CREDIT
Nature Estates Subdivision
WHEREAS, A Final Plat was submitted on May 24, 2002 for Nature Estates Subdivision located
in the SE 'A of Section 16 to create 15 residential parcels and one outlot; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 080-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for Nature
Estates 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
Nature Estates Subdivision, subject to approval of the City Engineer and all objecting and
approving agencies, receipt of all fees as provided in Section 18.14 of the Land Division
Ordinance, any special assessments which may be due, and the conditions outlined in
Resolution #P.C. 080-2002.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for Nature
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.
0 BE IT FURTHER RESOLVED That a digital '.DXF file, *.DGN file, or '.DWG file of this final plat
all information transmitted on the diskettes shall be tied to and referenced to State Plane
be submitted to the City prior to City signatures being placed upon the plat (3-112" diskette) and
Coordinates NGVD 1929 or others approved by the City Engineer
BE IT FURTHER RESOLVED That Street Tree and Landscape Plans are required to be
approved by the Plan Commission prior to release of Occupancy Permits for any structure,
including model homes, as may be permitted by the Common Council from time to time.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City.
DATEDTHIS 13th DAY OF Auaust , 2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. David J. Sanders
Aid. Nancy C. Salentine
0 adopted by the Common Council of the City of Muskego.
This is to certify that this is a true and accurate copy of Resolution #164-2002 which was
w@-"-
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NATURE ESTATES SUBDIVIDER'S AGREEMENT
This Agreement, made this day of ,2002 by and between Pegarl LLP (hereinafter
the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
0
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Nature Estates
Subdivision (the "Subdivision"), described as:
Being part of the Southeast '/4 and the Southwest lh of the Southeast % of Section 16,
Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin.
bounded and described as follows:
Commencing at the Southeast corner of said Southeast ?A of Section 16; thence S
88"04'55" W, along the South line of said Southeast ?A of Section 16, 1325.44 feet to
place of beginning of lands to be described; thence continuing S 88"04'55" W, along
said South line, 546.00 feet; thence N OO"4626" W, 847.48 feet; thence N 22"50'35"
W, 168.98 feet to the center line of Woods Road; thence N 41"3914" E, along said
center line 168.71 feet to the arc of a curve; thence Southerly 123.35 feet along the
arc of a curve whose center is to the Southwest, whose radius is 275.04 feet and
whose chord bears S 35" 49 28.5 E, 122.32 feet; thence S 22"5835" E, 41.90 feet to
the arc of a curve; thence Southeasterly 28.32 feet along the arc of a curve whose
center is to the Northeast, whose radius is 123.63 feet, and whose chord bears S
29"32'20.E, 28.26 feet; thence N 66"3649 E, 493.88 feet; thence S OO"4626" E,
244.22 feet to the arc of a curve; thence Westerly 61 17 feet along the arc of a curve
whose center is to the South, whose radius is 138.49 feet; and whose chord bears S
77"01'40.5" W, 60.67 feet; thence S OO"4335" E, 886.86 feet to the place of
beginning, containing 14.64 acres more or less.
the Final Plat(s) of which will be recorded with the Register of Deeds for Waukesha County and a copy
of which is on file in the Office of the City Clerk; 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 Nature Estates 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:
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SECTION I : PLAmNG AND PHASING
1 This Subdividers Agreement addresses the development of 15 parcels platted for single family
residential use, and one outlot, all being under the provisions of Chapters 17 and 18 of the Municipal
Code, and under the auspices of RS-1 Suburban Residence Zoning District.
a) Single family parcels shall conform to the zoning requirements of RS-1 Suburban Residence
District, being a minimum of 30,000 square feet in area, 120 feet in average lot width, having
street yard setbacks of 40 feet, side yard offsets of 20 feet, and rear yard offsets of 20 feet.
b) Outlot 1 shall be maintained for stormwater management purposes, and shall be owned and
maintained by an incorporated Owners Association established by Subdivider,
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 six (6) months of 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 six (6) months of approval by all approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the final plat of Nature Estates 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.
3. Subdivider and City agree that final platting and the installation of public and private improvements
described in Section II shall occur in one phase.
SECTION II : 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 January 28, 2002, as approved by the Director of Engineering
and Building and Public Works Committee as indicated in the plans and specifications dated
September 17, 2001 as amended 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.
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3. Reimburse the City for the cost of all street signs, street lights and poles, 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 January 28, 2002 for storm and surface water drainage
throughout the entire Subdivision, and a Master Grading Plan providing for sump pump discharge to
a tile or storm sewer system, all in accordance with the plans and specifications dated September
17. 200 as amended and on file in the City Building and Engineering Department. The City retains
the right to require the Subdivider to install at its cost additional storm drainage and erosion control
measures prior to acceptance of improvements by the City of Muskego.
2. Grade and improve all lots in conformance with the Master Grading Plan as approved by the Director
of Engineering and Building and Public Works Committee on January 28, 2002 all in accordance with
the plans and specifications dated September 17, 2001 as amended and on file in the City Building
and Engineering Department. Restore with topsoil and seed. Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
4. Execute and record a Maintenance Agreement in the form attached hereto as approved by the
Director of Engineering and Building and Public Works Committee on January 28, 2002 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
0 drainage features which are outside of the rights-of-way in perpetuity, as provided for in the
Maintenance Agreement.
C. SANITARY SEWER:
1 Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Subdivision, and including off site improvements necessary to provide
such system, as approved by the Director of Engineering and Building and the Public Utilities
Committee on January 21, 2002 all in accordance with the plans, specifications and drawings dated
September 17, 2001 as amended and on file in the City Building and Engineering Department.
2. 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.
3. 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.
D. WATER MAIN:
1 Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, including ofl site improvements necessary to provide such system, throughout the entire
Subdivision, as approved by the Director of Engineering and Building and Public Utilities Committee
on January 21, 2002 and in accordance with the plans and specifications dated September 17, 2001
as amended and on file in the City Building and Engineering Department. 0
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2. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1 Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees as required by the Land Division Ordinance,
in accordance with plans to be approved by the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
3. 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
dated March 28.2000 and adopted by the Common Council on July 11,2000 and in accordance with
plans to be approved by the Planning Director and Plan Commission and kept on file in the City
Building and Engineering Department.
F~ EROSION CONTROL MEASURES:
1 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
January 28, 2002 in accordance with the plans and specifications dated September 17, 2001 as
amended and 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 January 28, 2002 in accordance with the plans and specifications dated September 17, 2001 as
amended , 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 Chapter 29 of the Municipal Code.
4. Insure that each individual lot owner obtains a separate erosion control permit at any time that any
vegetation is disturbed, and insure that each individual lot owner is responsible for controlling erosion
on their subject lot.
5. Maintain Six Thousand Five Hundred Dollars ($6,500.00) 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 Six Thousand Five Hundred Dollar ($6,500.00) portion of the
Letter of Credit is allowable upon verification that fifty percent (50%) of disturbed areas are
vegetated. If, upon a written notification by the Director of Engineering and Building or Building
Inspection Department of non-compliance of Chapter 29, the terms are not corrected within five (5)
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days, the City may utilize the Six Thousand Five Hundred Dollars ($6,500.00) portion of the Letter of
Credit to correct the terms of non-conformance.
SECTION 111 : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section (I, except for final surface course of pavement as described
herein, 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 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 is not
completed within twelve (12) months of the date of this Agreement, the Subdivider shall extend the
Letter of Credit in a form acceptable to the City until such time as the final surface course of pavement is
completed. If the City receives notice of the intention to terminate the Letter of Credit prior to completion
of the final surface course pavement, such notice shall be considered a failure to complete
improvements in accordance with this agreement and shall entitle the City to immediately draw against
the Letter of Credit.
SECTION IV : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and
upload of data to Ci!y's Geographic Information System, and City may utilize Subdivider's Developers
Deposit account for all charges related hereto.
SECTION V : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
0 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, watermains, 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
receptive to the dedications of improvements, except private storm water drainage facilities, after the
first lift of bituminous concrete pavement has been installed, when all said utilities have been completed
and approved by the City Engineers and other agencies as applicable.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept 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
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SECTION VI: 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 II,
including without limitation by reason of enumeration, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative
and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the
City in a timely manner may cause the City to cease all construction inspections until such time as all
anticipated or outstanding inspection and administration fees have been satisfied.
SECTION VI1 : MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1 Easements: Provide any easements on Subdivider's land deeded necessary by the Director of
Engineering and Building prior to the Final Plat being signed, provided such easements are along. lot
lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the
applicable side yard and offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
3. MuniciDal 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.
SECTION Vlll : GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains, surface water
drainage improvements and all other improvements described in Section 11, 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 properly resulting from such
faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for
negligent workmanship or materials. Wisconsin law on negligence shall govern such situation.
SECTION IX : 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.
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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.
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
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.
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
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Subdividers Agreement
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. 0
SECTION X : 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 XI : CONSTRUCTION PERMITS. ETC ....
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
4. Make available to the Subdivider or their nominee successors or assigns, permits for the a necessary from other authorities having jurisdiction in the premises.
construction of single family residences subject to the provision of Section XII.
SECTION XI1 : 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
2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and
Building, and
3. Certification is provided to the Director of Engineering and Building by a Registered Land
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
5. Street Tree Plans and required Landscaping Plans have been submitted and approved by the
Plan Commission.
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SECTION XIII. FINANCIAL GUARANTEES:
0 shall file with the City a Letter of Credit setting forth terms and conditions approved by the City
1 LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider
Attorney and Finance Committee on August 13, 2002 in the amount of $456,812.50 as a guarantee
that the required plans, improvements, 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
is being requested, breakdown of invoices in the format of the Public Improvement Cost
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.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $5000.00 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.
3. PRESERVATION OF ASSESSMENT RIGHTS:
0 a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing, to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Subdivision. This provision
constitutes the Subdivider's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Subdivider's waiver of notice and consent to all special
assessment proceedings as described in Sec. 66.60 (le), 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.
SECTION XVI . AMENDMENTS AND ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the City. The City and the 0 the Subdivider
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
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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 counterparls on the date and year first 0
written above.
A. Subdivider: Pegarl LLP
By:
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of ,2002, and
to me known to be the person who executed the foregoing instrument and acknowledged the same.
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.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb. Mayor
D" Dl.
Jean K. Marenda, City ClerkfTreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2002, the above named Mark A.
Slocomb, Mayor, and Jean K. Marenda. City ClerWreasurer 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 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 13Ih day of August, 2002.
Notary Public-State of Wisconsin
My Commission Expires
Page 11
Nature Estates
Subdividers Agreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Nature
Estates Subdivision, Muskego, Wisconsin, as entered into on the day of
2002, by and between and and the City Of Muskego, pursuant to
the authorization by the Common Council from their meeting on the 13Ih day of August, 2002.
BY THE COMMON COUNCIL
Jean K. Marenda, City Clerkflreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day ,2002.
My commission expires
This instrument drafted by
Brian Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
NATURE ESTATES
RETENTION POND MAINTENANCE AGREEMENT
This Agreement is made and entered into this day of , 2002, by
and between Pegarl LLP, (hereinafter referred to as "Subdivider"), the incorporated
Nature Estates Homeowners Association, Inc. (hereinafter the "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").
WITNESSETH:
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Nature
Estates Subdivision (the "Subdivision"), consisting of Parcels 1-15 inclusive and Outlot
1, and described as:
Being part of the Southeast % and the Southwest % of the Southeast %
of Section 16, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin. bounded and described as follows:
Commencing at the Southeast corner of said Southeast % of Section 16;
thence S 88"04'55 W, along the South line of said Southeast % of
Section 16, 1325.44 feet to place of beginning of lands to be described;
thence continuing S 88"04'55 W, along said South line, 546.00 feet;
thence N OO"4626 W, 847.48 feet; thence N 22"5035" W, 168.98 feet
to the center line of Woods Road; thence N 41"3914" E, along said
center line 168.71 feet to the arc of a curve; thence Southerly 123.35
feet along the arc of a curve whose center is to the Southwest, whose
radius is 275.04 feet and whose chord bears S 35" 49' 28.5" E, 122.32
feet; thence S 22"58'35 E, 41.90 feet to the arc of a curve; thence
Southeasterly 28.32 feet along the arc of a curve whose center is to the
29"3220 E, 28.26 feet; thence N 66"3649 E, 493.88 feet; thence S Northeast, whose radius is 123.63 feet, and whose chord bears S
OO"4626 E, 244.22 feet to the arc of a curve; thence Westerly 61 17
feet along the arc of a curve whose center is to the South, whose radius
is 138.49 feet; and whose chord bears S 77"01'40.5" W, 60.67 feet;
thence S OO"43'35 E, 886.86 feet to the place of beginning, containing
14.64 acres more or less.
Hereinafter referred to as the "Subdivision", and
WHEREAS, the City has approved the plat of Nature Estates and the construction of
storm water retention ponds within outlots 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 Nature Estates Subdivision; and
WHEREAS, Nature Estates is directly tributary to Big Muskego Lake and the City and
DNR has expended great effort and expense to remove sediment and rough fish from
Big Muskego Lake; and
WHEREAS, the City and the DNR has established certain requirements for retention
ponds and storm water management to be constructed in Nature Estates Subdivision to
0
e
Nature Estates
Retention Pond Maintenance Agreement
Page 2
minimize flooding and sediment migration to the adjacent navigable stream including Big
Muskego Lake and adjacent wetlands and other tributary properties and to prevent
rough fish propagation and reintroduction into Big Muskego Lake: and
WHEREAS, the Subdivider has established Nature Estates Homeowner's Association
Inc. consisting of the owners of Parcels 1-15 inclusive, hereinafter referred to as the
"Association", which shall become the owner of Outlot 1 upon recording of the Final Plat
and the Nature Estates Deed Restrictions. 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
dated
requirements and with this agreement and the storm water management plan
and on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm Water Management ordinance:
NOW THEREFORE, in consideration of the mutual covenants and agreements IT IS
AGREED, as follows:
1 The Association, unless otherwise provided for in the storm water management plan,
shall be responsible for maintenance of the storm water management measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved storm water management plan dated January 28,
2002 and on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm water Management Ordinance.
0
3. The City of Muskego is authorized to access the Property to conduct inspections of
storm water practices as necessary to ascertain that the practices are being
maintained and operated in accordance with the approved storm water management
plan.
4. The Association, on an annual basis, shall provide maintenance of each storm water
management measure, including but not limited to, removal of debris, maintenance
of vegetative areas, maintenance of structural storm water management measures
and sediment removal.
5. Upon notification of the Association, by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be taken
within a reasonable time frame as set by the City of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association does not make the required corrections in the
specified time period. The costs and expenses shall be entered on the tax roll as a
special charge or special assessment against Lots 1-15 on a pro-rata basis and
collected with any other taxes levied thereon for the year in which the work is
completed.
Nature Estates
Retention Pond Maintenance Agreement
Page 3
7 The Subdivider shall deposit in a segregated account with the City three thousand
dollars ($3,000.00) 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 Nature
Estates Homeowner's Association in an amount sufficient to return the account
balance to $600.00. Said billing shall occur prior to November 1 of each calendar
year, to cover the costs associated with the pond draw downs in the following year
8. Any annual costs in excess of the $600.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the Association.
Costs not paid shall be placed in equal amounts on the tax bills for the 20 lots.
9. This document shall be recorded with the Waukesha County Register of Oeeds and
shall be a covenant running with the land and binding upon all owners of said land.
IN WITNESS WHEREOF, Subdivider has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
A. SUBDIVIDER : PEGARL LLP
By:
By:
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY )
PERSONALLY came before me this ___ day of ,2002
foregoing instrument and acknowledged the same.
and , to me known to be the persons who executed the
Notary Public, Waukesha County, Wisconsin
My commission expires
Nature Estates
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the incorporated Nature Estates Home Owners Association
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. NATURE ESTATES HOME OWNERS ASSOCIATION, INC.
By:
By:
STATE OF WlSCONSlNjSS
WAUKESHA COUNTY )
PERSONALLY came before me this ~ day of ,2002
foregoing instrument and acknowledged the same.
and, to me known to be the persons who executed the
Notary Public, Waukesha County, Wisconsin
My commission expires
Nature Estates
Retention Pond Maintenance Agreement Page 5
IN WITNESS WHEREOF, City has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above
C. CITY OF MUSKEG0
By:
Mark A. Slocomb, Mayor
By:
Jean K. Marenda, City Clerwreasurer
STATE OF WISCONSINJSS
WAUKESHA COUNTY)
Personally came before me this - day of ,2002, the above
named Mark A. Slocornb, Mayor and Jean Marenda, City Clerrnreasurer, 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 ClerlUTreasurer
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 13Ih day
of August, 2002.
Notary Public, Waukesha County, Wisconsin
My commission expires
a
Nature Estates
Page 6
Retention Pond Maintenance Agreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Nature Estates Subdivision, Muskego, Wisconsin, as
entered into on this day of , 2002 by and between Pegarl
LLP, the incorporated Nature Estates Home Owners Association, and the City of
Muske 0, pursuant to the authorization by the Common Council from their meeting on
the 13 day of August, 2002. 2
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City GlerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of ,2002.
0 Notary Public, Waukesha County, Wisconsin
My commission expires
NATURE ESTATES 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 Nature Estates, 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 Nature Estates Homeowner’s Association, Inc. regarding the management of
storm water in Nature Estates Subdivision. Storm water management measures
shall not be limited to those expressed in this plan which may be expanded upon
by the Wisconsin Department of Natural Resources, the City of Muskego or any
other party having jurisdiction. This plan shall be broken down into three
sections:
0
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE
SUBDIVIDER. 0
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 the Outlots in Nature Estates. The Subdivider shall as-built
the finish grade of the ponds and provide the as-built plans to the City and
Nature Estates Homeowner’s Association. The Subdivider shall also
provide a bench mark at each pond to be illustrated on the as-built
drawings.
4. The Subdivider upon completion of the above referenced improvements
convey by final plat and deed restrictions the improvements to Nature
Estates Homeowner’s Association, who shall be responsible for carrying
out the storm water measures on an ongoing basis expressed in this Pan.
It is understood that the ownership and maintenance of the storm water
0
Nature Estates
Stormwater Management Plan
Page 2
management improvements including storm sewers by Nature Estates
commences outside of City owned Right of Way. All improvements
contained within the City owned Right of Way shall be the responsibility of
the City to and maintain.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY OF
MUSKEGO.
The City of Muskego and the Department of Natural Resources (DNR) has
expended great effort and expense to remove sediment and rough fish from Big
Muskego Lake and the City and the DNR has established certain requirements
for retention pond and storm water management on Nature Estates Subdivision
to minimize flooding and sediment migration to the adjacent navigable stream
including Big Muskego Lake and adjacent wetlands and other tributary properties
to prevent rough fish propagation and reintroduction into Big Muskego Lake. To
assure quality control the City of Muskego is willing to administer an annual
“draw down” of each retention pond that will result in reducing the depth of the
water during the cold months of the year This draw down of the depth of the
storm water ponds will freeze-out all fish resulting in a rough fish free pond
thereby minimizing the risk of reintroduction of rough fish during flooding
conditions into the navigable stream which is tributary to Muskego Lake. The
City shall also administer an annual inspection of the storm water retention
ponds to monitor any build-up of sedimentation on the floor of the respective
ponds.
Under Section 1, the 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 against the out lots which contain the storm water
retention ponds collected with any other taxes levied thereon for the year in
which the work is completed.
Set forth below, is an outline of the City’s responsibilities which has been agreed
to by the DNR:
1 City of Muskego shall administer draw down and inspect for sediment
build-up. Draw down of all retention ponds shall occur annually within the
first two weeks of November. Draw down may only occur after
determination that sediment build-up will not be transported through the 4
discharge pipe. If sediment build-up has occurred above the invert
elevation of the discharge pipe it must be removed prior to draw down.
Draw down gate valves shall be closed within one week of
commencement of the draw down.
0
2. Sediment build-up in ponds shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment shall be administered by
the Homeowner’s Association according to Section 3.
Nature Estates
Page 3
Stormwater Management Plan
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE NATURE
ESTATES HOMEOWNER’S ASSOCIATION.
An incorporated association of the owners of all single family lots in Nature
Estates has been created for the purposes of managing and controlling Common
Areas including the out lots which contain the storm water retention ponds. This
owner’s association is formally titled Nature Estates Homeowner’s Association,
and it is referred to herein as the Association.
The ownership and maintenance including all payment for associated costs for
the storm water retention ponds shall be the responsibility of the Association.
The guidelines set forth below shall not limit additional measures which may from
time to time be mandated by the City, DNR or any other party having jurisdiction:
1 The Association on an annual basis, shall provide maintenance of each
storm water retention pond, including but not limited to, removal of debris,
maintenance of vegetative areas, maintenance of storm water structures,
emergency overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention ponds. When sediment
build-up reaches 15, the City shall notify the Association to remove the
sediment. The DNR has required that any pumping of sediment laden
water by contractors shall be filtered through a temporary sediment basin
appropriately sized prior to being discharged into the creek or wetlands.
3. The Association shall be responsible for water quality in the storm water
retention ponds including removal of weeds and algae control.
4. Upon notification of the Association, by the City of Muskego, of
maintenance problems which require correction, the specified corrective
actions shall be taken within a reasonable time frame as set by the City of
Muskego.
5. The City of Muskego is authorized to perform the corrective actions
identified in the inspection report if the Association does not make the
required corrections in the specified time period. The costs and
expenses shall be billed to the Association, and if unpaid, shall be
entered on the tax roll as a special assessment or special charge against
Parcels 1-15 inclusive of Nature Estates, collected with any other taxes
levied thereon for the year in which the work is completed.
THIS INSTRUMENT DRAFTED BY.
BRIAN D TURK
CITY OF MUSKEG0 PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE
MUSKEG0 WI 53150
0
0
Approved by Public Works Committee Janualy 28.2002
PUBLIC IMPROVEMENT COST BREAKDOWN
NATURE ESTATES
LElTER OF CREDIT
#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
#7 STORM SEWER SYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Sump Lines
e. Headwallddischarge structures a f. Engineering Inspections
#8 SPECIAVMISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion ControlNegetation Rerainage
#9 EES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for wls
d. Legal
e. Land acquisition
TOTAL PROJECT ESTIMATE
LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included
in total Project Estimate**
7/23/02 ADJ. BAL.
$46.744.00
$5,200.00
$0.00
$10,500.00
$0.00
$46,744.00
$5,200.00
60.00
$ I0,500.00
$0.00
$67,544.00 $0.00 $67.544.00
$5,100.00 $5,100.00
$48.000.00
$10,150.00
$9.800.00
$0.00
$48.000.00
$1 0,150.00
$9,800.00
$0.00
$5.000.00
$72.950.00
.~ ~~
$5.000.00
$0.00 $72.950.00
$29.964.00
$5,500.00
54,400.00
$12.566.50
$I.500.00
$29,964.00
$5.500.00
54.400.00
$12,566.50
$1 S00.00
$6.200.00
$60.130.50 $0.00
$6[200.00
$60.130.50
$3.500.00 $3.500.00
$1,500.00 $1,500.00
$0.00 $0.00
$35,000.00 $0.00 $35,000.00
$30.000.00 $30,000.00
$3.500.00
$0.00
$1 2,600.00
$2.000.00
$3.500.00
$0.00
$12,600.00
$2.000.00
$0.00 $0.00
$18.100.00 $0.00 $18.100.00
$531,812.50 ($75,000.00) $456.812.50
$39,400.00
Page 2 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
NATURE ESTATES
LETTER OF CREDIT
#I ROAD CONSTRUCTION
a. Excavation to subgrade
b. Stone base material
c. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Interm Inlets
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond consmction
d. Parking area construction-incl pavement
e. Tree & shrub planrings
f. Landscaping as specified by City
g. Erosion control
h. Engineering InSpections
#3 TOPSOIL, SEEDINGISODDING
a. Road ditch area
b. Terrace areas - in ROW
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
7/23/02 ADJ. BAL.
$75.000.00 ($55.000.00) $20,000.00
$20.69 1 .OO
$28.014.00
$20,691 .OO
$13.041.00
$28.014.00
$0.00
$13.041.00
$2,750.00
$0.00
$3,000.00
$2,750.00
$3,000.00
$142.496.00 ($55.000.00) $87,496.00
$40,000.00 ($20,000.00) $20.000.00
$0.00
$27,000.00
$0.00
$1 1,592.00
$0.00
$6.500.00
$0.00
$27.000.00
$0.00
$11.592.00
$0.00
$6.500.00
$2,000.00 $2,000.00
$87.092.00 ($20,000.00) $67,092.00
$15.000.00
$0.00
$0.00
$10.000.00
$0.00
$15.000.00
$0.00
$0.00
$10.000.00
$0.00
$27.500.00
$2,500.00 $2,500.00
$0.00 $27,500.00
$18,000.00 $18,000.00
$0.00 $0.00
$0.00 $0.00
$0.00
$3,000.00
$0.00
$21.000.00 $0.00
$3.000.00
$21,000.00
Page 1 of 2
CITIZENS BANK
Your community bank since 1892
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDITNO. 02-171-991-79 AMOUNT: $456,812.50
DATE:
Applicant: Pegarl, LLP
S79 W20465 Tyler Dr, Muskego, WI 53150
Beneficiary: City of Muskego
Post Office Box 749
W 182 S8200 Racine Ave
Muskego WI 53 150-0749
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor which is available by
beneficiary’s draft(s) at sight drawn on the Citizens Bank of Mukwonago. Each Draft
accompanying documents must state “Drawn Under the Citizens Bank of Mukwonago
Documentary Credit No 02-171-991-79.”
This Standby Credit is to provide a guarantee to the City of Muskego for the performance
of Applicant obligations under that certain Agreement dated between the City of
Muskego and Applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that 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.
Continued on Page Two (2), which is an integral part of this Standby Credit.
Member
FDIC 301 N. Rochester Street P.O. Box 223 Mukwonago, WI 53149 (262) 363-6500 Fax (262) 363-6515
Main Office
LENOLR
Big Bend Office
(262) 662-3561 e Cenesee Office Branch Offices
(262) 968-6500
Riverview Centre Office Vernon Office
ax (262) 662-2418 Fax (262) 968-6505 Fax (262) 363-6405
(262) 363-6400
Fax (262) 662-4155
(262) 662-2727
Muskego Office East Troy Office Website New Berlin Office
(414) 422-9200
Eagle Office
(262) 642-6700 www.Citizenbank.com (262) 814-2660 (262) 594-6280
Fax (414) 422-9924 Fax (262) 642-6709 Fax (262) 814-2663 Fax (262) 594-6205
Page 2, an integral part of Standby Credit No. 02-171-991-79
SPECIAL CONDITIONS:
This Standby Credit will terminate on the day of , provided,
however, the Citizens Bank ofMukwonago shall give written notice to the Beneficiary of
its intention to terminate this standby credit at least ninety (90) days prior to the day
(90) days witten notice to the Beneficiary.
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 the Citizens Bank of Mukwonago to inquire into its terms and obhgations.
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 submitted to us together with any drawings hereunder for our
endorsement of any payments effected by us andor for cancellation.
of . Mer said date, this letter of credit can only terminate upon ninety
Very Truly Yours,
Citizens Bank of Mukwonago
John Schmitz
Vice President