CCR2003005AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #005-2003
. APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Prairie Meadows Subdivision
WHEREAS, A Final Plat was submitted on October 23, 2002 for Prairie Meadows Subdivision
located in the SE Y. of Section 24 (North Cape Road) to create 21 residential parcels and four
outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 154-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for Prairie
Meadows 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
Prairie Meadows 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. 154-2002.
.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for Prairie
Meadows 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 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 Street Tree and Landscape Plans are required to be
submitted by the petitioner and approved by the Plan Commission.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City, and that the Mayor, in consultation with
the City Attorney, may make any necessary technical corrections.
DATED THIS 14th DAY OF JANUARY, 2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Patrick Patterson
Ald. Nancy C. Salentine
. This is to certify that this is a true and accurate copy of Resolution #005-2003 which was
adopted by the Common Council of the City of Muskego.
~Kff!IVI~L CI r -Treasurer
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.#$48,
.
LUANN LANG - CITY OF MUSKEGO
PRAIRIE MEADOWS. SUBDIVIDER'S AGREEMENT
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This Agreement, made this day of_, 2003 by and between Prairie Meadows Estates LLC a
Wisconsin Limited Liability Company (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 Prairie Meadows
Subdivision (the "Subdivision"), a part of the lands described as:
Being a part of these 'A of the SE 'A of Section 24, T5N R20E, City of Muskego, Waukesha
County, Wisconsin, bounded and described as follows: Commencing at the SE corner of said
Section 24, thence S 870 17' 23" W along the south line of said Section 24, 130.68 feet, to the
point of beginning; Thence westerly along said line S87O 17' 23" W, 392.24 feet to a point on the
east line of North Cape Road (CTH 00); thence N 31 0 23' 10" W, 223.47 feet along the east
line of North Cape Road; thence continuing along the east line of North Cape Road, 140.75 feet
along the arc of a curve whose center is to the left, and whose radius is 5,779.58 feet, and
whose chord bears N 06029' 48" W, 140.74 feet; thence continuing along the east line of North
Cape Road N 070 11' 39"W, 889.02 feet; thence N82048' 21" E 150.00 feet; thence N 070 11'
39" W, 95.91 feet; thence N 87024' 43" E 597.99 feet to a point on the east line of Section 24;
thence S 01 0 22' 14" E, along the east line of Section 24, 661.94 feet, thence S87O 16' 40" W,
130.68 feet; thence S01 022' 14" E, 667.25 feet, to the point of beginning of this description,
containing 18.2302 acres of land(more or less), and .
.
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 Prairie Meadows Subdivision contingent in part upon the execution and
performance of this Agreement by the Subdivider.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows:
SECTION I: PLATTING
1. This Subdivider's Agreement addresses the development of 21 parcels platted for single family
residential use, and 4 Outlots platted for open space, stormwater retention purposes, all being under
. the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RS-3
Suburban Residence District zoning.
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Page 2
P[aiJi~,Me~dol"~ <>.u~~'"~Agreement
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a) Single family parcels shall conform to the zoning requirements of RS-3 Suburban Residence . District, being a minimum of 15,000 square feet in area, and 100 feet in average lot width.
b) Outlots 1, 2, 3, and 4 shall be reserved for common open space and stormwater management
purposes, and shall be owned and maintained by the Prairie Meadows Subdivision Homeowners
Association, Inc. a non stock corporation 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 Gredit 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 Prairie Meadows 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 III shall occur in one phase.
SECTION III: 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 August 26, 2002 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 on file with the 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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Pago 3
Prairie Meadows Subdivider" Agreement
DRAFT DeG 25. 2002
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 August 26, 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 on file in the 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 August 26, 2002 all in accordance with
the plans and specifications 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 Retention Pond Maintenance Agreement and Stormwater Management Plan in
the form attached hereto. The document shall be incorporated herein and made part hereof, as
approved by the Director of Engineering and Building and Public Works Committee on August 26,
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 drainage features which are outside of the rights-of-way in perpetuity, as provided
for in the Maintenance Agreement. .
C. SANITARY SEWER:
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 September 6, 2002 all in accordance with the plans, specifications on file in the City
Building and Engineering Department.
1. 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.
2. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
D. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees in accordance with plans to be approved by
the Plan Commission.
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Prairie Meadows Subdividers Agreement
DRAFT Dec 26, 2002
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 prior to the release of
occupancy permits.
4. Plant dense landscaping within the 30 foot landscape easements within the Subdivision in
accordance with plans to be approved by the Planning Director and Plan Commission prior to the
release of occupancy permits.
E. 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 August 26, 2002 in accordance with the plans and specifications on file in the 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 August 26, 2002 in accordance with the plans and specifications on file in the City Building and
Engineering Department. No construction or grading shall begin until said permit is issued by the
City, and no grading shall occur without a two (2) day prior 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. Ensure 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 Thirty Thousand Dollars ($30,000.00) 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 Thirty Thousand Dollar ($30,000.00) portion of the Letter of Credit is
allowable upon verification that fifty percent (50%) of disturbed areas are vegetated. If, upon a
written notification by the Director of Engineering and Building or Building Inspection Department of
non-compliance of Chapter 29, the terms are not corrected within five (5) days, the City may utilize
the Thirty Thousand Dollar ($30,000.00) portion of the Letter of Credit to correct the terms of non-
conformance.
.
.
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Prairie Meadows Subdividers Agreement
DRAFT Dec 26. 2002
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
. The improvements set forth in Section III, 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 complétion 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 V : AS-BUILT CONSTRUCTION PLANS AND DIGITAL FILES
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and
upload of data to City's Geographic Information System, and City may utilize Subdivider's Developers
Deposit account for all charges related hereto.
Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section
. 18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in
said conversions 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, watermains, storm water drainage facilities (excluding those facilities which
are to be owned and maintained by HomeownerS Association) to the City, its successors and assigns,
forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the
City) 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 Director
of Building and Engineering 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. .
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Prairie Meadows Subdividers Agreement
DRAFT Dee 26. 2002
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 III,
including wJthout 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 payor 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 VIII : MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Director of
Building and Engineering 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. 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.
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 III, 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.
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Prairie Meadows Subdividers Agreement
DRAFT Dec 26, 2002
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 except those claims asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agreement. 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
they 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 Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement
or in exercising any power or authority granted to them thereby, there shall be no personal
liability of the City officers, agents, independent contractors, or employees, it being expressly
understood and agreed that in such matters they act as agents and representatives of the
City.
.
c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend,
and hold City and its officers, agents, independent contractors, and employees harmless from
any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees
for attorneys, consultants, and experts) that arise as a result of the presence or suspected
presence in or on the real property dedicated or conveyed to the City by, under, pursuant to,
or in connection with the Plat and this Agreement (including but not limited to street right-of-
way) of any toxic or hazardous substances arising from any activity occurring prior to the
acceptance of all improvements. Without limiting the generality of the foregoing, the
indemnification by the Subdivider shall,include costs incurred in connection with any site
investigation or any remedial, removal, or restoration work required by any local, State, or
Page 8
Prairie Meadows Subdividers Agreement
DRAFT Dee 26, 2002
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
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 ho 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 required by Section II of this Agreement. .
SECTION XII : 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
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 XIII: 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:
.
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Prairie Meadows Subdividers Agreement
DRAFT Dee 26. 2002
1. The sanitary sewer, 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 DevelDper's Deposit is satisfied unless otherwise authorized by the Planning
Director.
SECTION XIV. FINANCIAL GUARANTEES:
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 January 8, 2003 in the amount of $499.645.00 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
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 $5,000.00 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:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing, to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Subdivision. This provision
constitutes the Subdivider's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Subdivider's waiver of notice and consent to all special
assessment proceedings as described in Sec. 66.60 (18), Wis. Statutes.
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.
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Prairie Meadows Subdividers Agreement
DRAFT Dee 26. 2002
SECTION XV. PARTIES BOUND:
Subdivider or its 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
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
the Subdivider.
SECTION XV: NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally, sent by prepaid United States Postal Service certified mail
with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail
with return receipt requested, to all parties as follows:
ToCitv:
Planning Department
City of Muskego
POS 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
Planning@ci.muskego.wi.us
.
To Subdivider:
Luann M. Lang
7726 W. Winston Way
Franklin, WI 53132
AII notices shall be considered to have been delivered at the time such notices are personally delivered
to each party, or three (3) days after the date of postmark on any prepaid certified letter, facsimile
transmission, or electronic mail.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address,
telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute
a default by the party.
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Page 11
Prairie Meadows Subdividers Agreement
DRAFT Dee 26, 2002
SECTION XVII: 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. PRAIRIE MEADOWS ESTATES llC
By:
Luarm M. Lang, Member
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
-
day of , 2003, Luann M. Lang, 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 ~USKEGO:
BY:
Mark A. Slocomb, Mayor
BY:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN) SS
W AUKESHA COUNTY )
PERSONALLY came before me this day of
, 2003, the above named Mark A.
Slocomb, 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 bX its authority and pursuant to the
authorization by the Common Council from their meeting on the 14' day of January, 2003.
Notary Public-State of Wisconsin
My Commission Expires
.
Page 12
Prairie Meadows Subdividers Agreement
DRAFT Dee 26. 2002
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Prairie
Meadows Subdivision, Muskego, Wisconsin, as entered into on the _day of , 2003, by and
between Luann M. Lang and the City Of Muskego, pursuant to the authorization by the Common Council
from their meeting on the 14th day of January, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day , 2003.
My commission expires
This instrument drafted by Brian Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
.
.
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PUBLIC IMPROVEMENT COST BREAKDOWN
PRAIRIE MEADOWS #332
LETTER OF CREDIT
.1 ROAD CONSTRUCTION
a. Excavation to subgrade
b. Stone base material
c. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
g. Engineering Inspections
Beg. Bal ADJ. BAL.
$30,000.00 $30,000.00
$16,000.00 $16,000.00
$22,000.00 $22,000.00
$12,000.00 $12,000.00
$0.00. $0.00
$6,000.00 $6,000.00
$86,000.00 $0.00 $86,000.00
$40,000.00 $40,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$17,250.00 $17,250.00
$0.00 $0.00
$30,000.00 $30,000.00
$2,000.00 $2,000.00
$89,250.00 $0.00 $89,250.00
$48,000.00 $48,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$2,000.00 $2,000.00
$50,000.00 $0.00 $50,000.00
$19,000.00 $19,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$4,000.00 $4,000.00
$6,000.00 $6,000.00
$29,000.00 $0.00 $29,000.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-lncl pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
g. Erosion control
h. Engineering Inspections
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area
b. TelTace areas - in ROW
.. Drainage ditches
. Retention ponds
e. Areas as specified by City
f. Engineering Inspections
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Sidewalk
c. Blvd.ltraffic islands
d. Ditch inverts
e. Engineering Inspections
f. Interim Inlets
.
Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
PRAIRIE MEADOWS #332
Beg. Ba! ADJ. BAL. . #5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $77,404.00 $77,404.00
b. Laterals $20,025.00 $20,025.00
c. Dumping station & Generator $0.00 $0.00
d. Force main $0.00 $0.00
e. Grinder pumps &chamber-indiv dwelling $0.00 $0.00
f. Engineering Inspections $6,500.00 $6,500.00
$103,929.00 $0.00 $103,929.00
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $0.00 $0.00
b. Hydrants & leads $0.00 $0.00
c. Water services $0.00 $0.00
d. Well & pumphouse $0.00 $0.00
e. Engineering Inspections $0.00 $0.00
f. Other $0.00 $0.00
$0.00 $0.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $39,156.00 $39,156.00
b. Catch basins & leads $5,700.00 $5,700.00
c. Culverts $0.00 $0.00
d. Drain tile $27,835.00 $27,835.00
e. Headwalls/discharge structures $850.00 $850.00
f. Engineering Inspections $6,000.00 $6,000.00 .
g. Laterals $10,500.00 $10,500.00
$90,041.00 $0.00 $90,041.00
#8 SPECIAUMISC IMPROVEMENTS
a. Street lights $2,500.00 $2,500.00
b. Street signs $800.00 $800.00
c. Signs as specified by City $0.00 $0.00
d. Other $0.00 $0.00
$3,300.00 $0.00 $3,300.00
#9 FEES
a. City administration $2,000.00 $2,000.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. EngIneering-as built drawings for wls $6,225.00 $6,225.00
d. Legal $0.00 $0.00
e. Land acquisition $0.00 $0.00
f. Developer's Engineering $39,900.00 $39,900.00
$48,125.00 $0.00 $48,125.00
TOTAL PROJECT ESTIMATE $499,645.00 $0.00 $499,645.00
LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included $72,625.00 . in total Project Estimate**
Page 2 of 2
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!)EC-17-20Ø2 14:54 1RI CITY SOUTl-mlE 414 643 1511 P.ø2/03
L...... eo. 'w"'t- 1ko 8o.J ~"'N~ ~~t:>
CREDlTNo. 652509-3-1
Amount:
~ .
..." ... "1'111..... 1!c~,sc--"t'" t)"'-"\"e ~ ~..~\ 0.)(.,. \'\01"\"",- w( t::.-1"t'1
Applicant: Prairie Meadow BSUites, LLC
7726 W. Winston Way
Franklin, WI 53132
:;~:'lef.ci2IY: City of Muskego
Post Office Box 749
Wl82 S8200 Racine Ave.
Muskego, WI 53150..()749
-:>::-:::C:.::,:
bo.:.......>11'...~
We hereby issue this irrevocable ~ credit in your favor which is available
by beneficiary's draft(s) at sight drawn on Tn City National Bank. Each draft
accompanying documents must state "Drawn Under Tn City National Bank Standby t::......... "'" "VT~ .:..'~~02, of Credit No. 652509-3-1.
Ihis Standby Letter of Credit is to provide a guarantee to the City of Muske go for the
perfonnance of Applicant obligations under that certain agreement dated -< þM'eL 01' ,\.~~,...", """to,
:::':':'2. 'J~~yeel1 the City of Muske go and Applicant. -."<.... ""\"\"~ ~
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:~TS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muske go stating that Applicant has failed
to complete the construction of subdivision improvements in accordance with said
Ag::eement or otherwise comply with the obligations of the Agreement Said statement
;;::;?~ se: forth the estimated amount necessary for the City of Muske go to complete such
improvements or otherwise comply with the obligations of the Agreement.
C'~:::>t:!)"ued on Page Two (2) which is an integral part of this Standby Letter of Credit.
::;:::-::-:7-2002 14:55 TRI CITY SOUTHGATE 414 643 1511
Page 2, An integral part of Standby Letter of Credit No.652509-3-1
:3?::::C:P':' CONDmONS:
P.03/03
.
This Standby Letter of Credit will tenninate on the _day of .
r:: !.'(}S'! BE 15 MONTHS FROM DATE 0 CUTIO~rovided, however, Tri City
: : '" """,::::,,:" 3ô.:1.\<: shall give written notice to the beneficimy of its intention to tenninate this "
-:":'.:::";;- :~':ter of credit at ninety (90) days prior to the _day of . .
< t>4'n:I" - "---.
$0"; ...1'i!-""nr<" After said date, this letter of credit can only terminate upon ninety (90) days written ."....""r; ';00
...,.... ~ . th 1.ð fi. '1!: ~........Q.?ticeto e ""ne Clary.
:t:'5 hereby agreed by all parties hereto that the reference to "Agreement" is for
:. :~~::":if:.cation purposes only and such reference sball not be construed in any manner to
required Tri City National Bank, to inquire into its terms and obligations.
"
'.J,j~ encourage with you the drafts drawn under and in compliance with the terms oftlús
::'i)è.!, will. be duly honored if presented on or before the expiration date. This original
5~,,::::C;-;y Letter of Credit must be submitted to us together with any drawings hereunder
for our endorsement of any payments effected by us. and/or for cancellation.
Very Truly Yours,
T ri City National Bank
Signature
3:;:
T~T^' n"~
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PRAIRIE MEADOWS
RETENTION POND MAINTENANCE AGREEMENT
. This Agreement is made and entered into this
-
day of , 2003, by and
between Prairie Meadows Estates LLC, A Wisconsin Limited Liability Company, ,
(hereinafter referred to as "Subdivider"),owner of lands to be subdivided for Prairie
Meadows Subdivision the incorporated Prairie Meadows Subdivision Homeowners
Association, Inc. a non-stock corporation (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 Prairie
Meadows Subdivision (the "Subdivision"), being a part of the lands describ"ed as:
.
Being a part of these % of the SE % of Section 24, T5N R20E, City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the SE comer of said Section 24, thence S 87017' 23" W along
the south line of said Section 24,130.68 feet, to the point of beginning; Thence
westerly along said line S87O 17' 23" W, 392.24 feet to a point on the east line
of North Cape Road (CTH 00); thence N 31 023' 10" W, 223.47 feet along the
east line of North Cape Road; thence continuing along the east line of North
Cape Road, 140.75 feet along the arc of a curve whose center is to the left,
and whose radius is 5,779.58 feet, and whose chord bears N 06029' 48" W,
140.74 feet; thence continuing along the east line of North Cape Road N 070
11' 39" W, 889.02 feet; thence N 82048' 21" E 150.00 feet; thence N 070 11'
39" W, 95.91 feet; thence N 870 24' 43" E 597.99 feet to a point on the east line
of Section 24; thence S 01 0 22' 14" E, along the east line of Section 24, 661.94
feet, thence S87O 16' 40" W, 130.68 feet; thence S01 022' 14" E, 667.25 feet, to
the point of beginning of this description, containing 18.2302 acres of land(more
or less), and hereinafter referred to as the "Subdivision" or as the "Property",
and
WHEREAS, The City has approved the plat of Prairie Meadows and the construction of
a storm water retention pond within an outlot on the Property; and
WHEREAS, The Subdivider has received various City permits, Army Corps of Engineers
permits, and Wisconsin Department of Natural Resources permits hereinafter referred
to as DNR permits to construct Prairie Meadows Subdivision; and
WHEREAS, Prairie Meadows Subdivision is upstream from the Root River Watershed
and the Muskego-Wind Lake Priority Watershed, 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 Prairie Meadows Subdivision
to minimize flooding and sediment migration to 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 Prairie Meadows Subdivision Homeowners
Association consisting of the owners of Parcels 1-21 inclusive, hereinafter referred to as
Prairie Meadows
Retention Pond Maintenance Agreement
Page 2
the "Association", which shall become the owner of certain outlots upon recording of the
final plat and the Prairie Meadows Declaration of Restrictions and Covenants. 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 dated
August 26, 2002 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 August 26,
2002 on file in the offices of the City of Muskego Building and Engineering
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 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.
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 1-21 inclusive on a pro-rata basis
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 Prairie
Meadows Owners Association in an amount sufficient to return the account balance
to one thousand dollars ($1,000.00). Said billing shall occur prior to November 1 of
.
.
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Prairie Meadows
Retention Pond Maintenance Agreement
Page 3
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 $1,000.00 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 as a special assessment or special
charge on the tax bills for the residential lots. If the Owners Association has not
been released by Subdivider upon commencement of the sixth (6) year, the
Subdivider shall deposit a minimum of one thousand dollars ($1,000.00) per year for
each year said incorporation does not occur, plus any additional costs as deemed
necessary by the City.
9. This document is a part of the Prairie Meadows Subdivider's Agreement, which
terms are incorporated herein, 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.
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. PRAIRIE MEADOWS ESTATES LLC
By:
Luann M. Lang, Member
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
-
day of_, 2003 Luann M. Lang to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
Prairie Meadows
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the incorporated Prairie Meadows Subdivision Homeowners
Association, Inc. 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. PRAIRIE MEADOWS SUBDIVISION HOMEOWNERS ASSOCIATION, INC.
By:
Luann M. Lang, President
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me this
-
day of 2003, Luann M. Lang,
President of the Prairie Meadows Subdivision Homeowners AssociatiÖn, Inc. to me
known to be the persons who executed the foregoing instrument and acknowledged the
same.
Notary Public, Waukesha County, Wisconsin
My commission expires .
.
.
.
.~
Prairie Meadows
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
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
By:
Jean K. Marenda, City ClerklTreasurer
STATE OF WISCONSIN}SS
W AUKESHA COUNTY}
Personally came before me this
-
day of , 2003, the above named Mark A.
Slocomb, Mayor and Jean Marenda, City ClerklTreasurer, of the above-named
municipal corporation City of Muskego, to me known to be the persons executed the
foregoing instrument, and to me known to be such Mayor and City ClerklTreasurer of
said municipal corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said municipal corporation by its authorit~ and
pursuant to the authorization by the Common Council from their meeting on the 14 h day
of January, 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Prairie Meadows Subdivision, Muskego, Wisconsin, as
entered into on this
-
day of , 2003 by and between Luann M. Lang, the
incorporated Prairie Meadows Subdivision Homeowners Association, Inc. and the City of
Muskego, pursuant to the authorization by the Common Council from their meeting on
the 14th day of January, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
PRAIRIE MEADOWS STORM WATER MANAGEMENT PLAN
.
The Prairie Meadows Subdivision lies within the both the Root River Watershed
and Muskego-Wind Lake Priority Watershed. The City of Muskego and the
Department of Natural Resources (DNR) have expended great effort and
expense to remove sediment and rough fish from Big Muskego Lake. The City
and the DNR have established certain requirements for retention pond and storm
water management within Prairie Meadows Subdivision to minimize flooding and
sediment migration to the Root River Watershed and Big Muskego Lake,
adjacent wetlands, and other tributary properties, to prevent rough fish
propagation and reintroduction into Big Muskego Lake.
The City of Muskego Storm Water Management Ordinance requires the filing of
a storm wàter 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 Prairie Meadows, 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 Prairie Meadows Subdivision Homeowners Association Inc. regarding the
management of storm water in Prairie Meadows 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:
.
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE SUBDIVIDER
The Subdivider shall at its expense:
1. Create the above referenced grading plans, hydraulic calculations, storm
sewer, and drainage 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 the storm water retention pond to be
contained in Outlot 3 in Prairie Meadows Subdivision. The Subdivider
shall as-built the finish grade of the pond and provide the as-built plans to
.
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,
Prairie Meadows
Stormwater Management Plan
Page 2
the City and Prairie Meadows Owners Association. The Subdivider shall
also provide a bench mark at the pond to be illustrated on the as-built
drawings.
4. The Subdivider upon completion of the above referenced improvements
shall convey by final plat and deed restrictions the improvements to
Prairie Meadows Subdivision Homeowners Association, which shall be
responsible for carrying out the storm water measures on an ongoing
basis expressed in this Plan. It is understood that private ownership and
maintenance of the storm water management improvements, including
storm sewers within Prairie Meadows Subdivision commences outside of
. City owned rights-of-way. All improvements contained within the City
owned rights-of- way shall be the responsibility of the City to own and
maintain.
.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY
To assure quality control the City of Muskego is willing to administer an annual
"draw down" of the 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 pond 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 water ways which may be tributary to Muskego Lake. The
City shall also administer an annual inspection of the storm water retention pond
to monitor any build-up of sedimentation on the floor of the pond.
Under Section 1, the Subdivider shall provide the City with an as-built drawing of
the pond 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 charge or special assessment against the residential properties located
in Prairie Meadows 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 the retention pond shall occur annually, generally
within the first two weeks of November. Draw down may only occur after
determination that sediment build-up will not be transported through the
pond discharge pipe(s). 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.
2. Sediment build-up in pond shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment shall be administered by
the Owners Association according to Section 3.
Prairie Meadows
Storm water Management Plan
Page 3
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SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE PRAIRIE
MEADOWS OWNERS ASSOCIATION
-
The Prairie Meadows Subdivision Homeowners Association, a non-stock
incorporated association of the owners of all single family lots in Prairie
Meadows, has been created for the purposes of managing and controlling
Common Areas including the outlot which contains the storm water retention
pond. This owner's association is formally titled Prairie Meadows Subdivision
Homeowners Association, and it is referred to herein as the Association.
The ownership and maintenance including all payment of associated costs for
the storm water retention pond 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, shàll provide maintenance of the
storin water retention pond and private drainage easements, 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 pond. 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 water ways or
wetlands.
.
.
3. The Association shall be responsible for water quality in the storm water
retention pond including removal of weeds and algae control.
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 billed to the Association, and if unpaid, shall be entered on the
tax roll as a special assessment or special charge against the residential
Parcels in Prairie Meadows, 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 MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #005-2003
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Prairie Meadows SUbdiViSi~p,
,
WHEREAS, A Final Plat was submitted on October 23, 200afor Prairie Meadows Subdivision
located in the SE y., of Section 24 (North Cape Road) to cre,~te 21 residential parcels and four
outlots; and !
WHEREAS, The Plan Commission has recommended '2rovafthroU9h Resolution #P.C. 154-
2002; and i
WHEREAS, The Subdivider's Agreement and Lett offr it have been received for Prairie
Meadows Subdivision and the Finance Committe has c, mmended approval.
NOW, THEREFORE, BE IT RESOLVED That e~. on Council of the City of Muskego,
upon the recommendation of the Plan Com' sion, ' es hereby approve the Final Plat for
Prairie Meadows Subdivision, subject to ap oval, he City Engineer and all objecting and
approving agencies, receipt of all fees as ovi e Section 18.14 of the Land Division
Ordinance, any special assessments who ma. due, and the conditions outlined in
Resolution #P.C. 154-2002.
BE IT FURTHER RESOLVED That t e S~ . er's Agreement and Letter of Credit for Prairie
Meadows Subdivision, as attached, re h r y approved subject to approval of the City
Attorney and City Engineer, all of id ap als to be obtained within thirty (30) days of the
date of approval of this Resolutio or the s me will be null and void.
BE IT FURTHER RESOLVED hat a~gi I *.DXF file, *.DGN file, or *.DWG file of this final plat
be submitted to the City prior 0 Cit~s tures being placed upon the plat (3-1/2" diskette) and
all information transmitted 0 the d Ij tes shall be tied to and referenced to State Plane
Coordinates NGVD 1929 0 oth proved by the City Engineer.
.
BE IT FURTHER RESO VED Street Tree and Landscape Plans are required to be
submitted by the petiti er and a proved by the Plan Commission.
BE IT FURTHER R SOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessa documents in the name of the City.
DATED THIS
-
DAY OF ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Patrick Patterson
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #005-2003 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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