CCR2003006-
.,
41,
AMENDED
COMMON COUNCIL. CITY OF Í\IIUSKEGO
RESOLUTION #006-2003
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Rosewood Estates Addition No.1 Subdivision
WHEREAS, A Final Plat was submitted for Rosewood Estates Addition No.1 Subdivision
located in the NE 1/4 of the NW 1/4 of Section 11 to create 9 residential parcels; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 66-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for
Rosewood Estates Addition No.1 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
Rosewood Estates Addition NO.1 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. 66-2002.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for
Rosewood Estates Addition NO.1 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 RÈSOLVED 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 Januarv ,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 #006-2003 which was
adopted by the Common Council of the City of Muskego.
~/KfY7~~ Cler reasurer
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ROSEWOOD ESTATES ADDN 1 - CITY OF MUSKEGO
SUBDIVIDER'S AGREEMENT
. This Agreement, made this day of ,2003 by and between Rosewood Estates 1
Corp. (hereinafter 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 Rosewood Estates
Addn. 1 Subdivision (the "Subdivision"), described as: A redivision of Outlot 1 of Rosewood Estates
Subdivision, being a part of the NW v.. of Section 11, T5N R20E, City of Muskego, Waukesha County,
Wisconsin, 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 Rosewood Estates Addn. 1 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 AND PHASING
1. This Subdividers Agreement addresses the development of 9 parcels platted for single family
residential use, all being under the provisions of Chapters 17 and 18 of the Municipal Code, and
under the auspices of RS-2 Suburban Residence Zoning District. Single family parcels shall conform
to the zoning requirements of RS-2 Suburban Residence District, being a minimum of 20,000 square
feet in area, 110 feet in average lot width, having street yard setbacks of 40 feet, side yard offsets of
15 feet and 20 feet, and rear yard offsets of 20 feet.
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.
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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 the Final Plat and this Agreement by the Common Council,
the Subdivider shall execute the Final Plat and this Agreement shall cause this Agreement to be
recorded at the Waukesha County Register of Deeds and shall provide City with evidence of
recording. .
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Subdividers Agreement
d) 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 III shall occur in one phase.
.
SECTION": 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 July 22, 2002 as approved by the Director of Engineering and
Building and Public Works Committee as indicated in the plans and specifications dated March 25,
2002 and made a part hereof and 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.
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 July 22, 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 March 25,
2002, and on file in the City Engineering and Building 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 July 22, 2002 all in accordance with the
plans and specifications dated March 25, 2002 and on file in the City Engineering and Building
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
h~ .
4. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage
features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance
Agreement executed for Rosewood Estates and dated April 7, 2000.
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 July 15, 2002 all in accordance with the plans, specifications and drawings dated
March 25, 2002 on file in the City Engineering and Building Department.
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Subdividers Agreement
. 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. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees on a 1:1 basis as required by the Land
Division Ordinance, in accordance with plans to be approved by the Plan Commission.
2. Remove and lawfully dispose of: (a) destroyed trees, brush, tree trunks, shrubs and other natural
growth; (b) 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.
E. EROS/ON 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 July
22, 2002 in accordance with the plans and specifications dated March 25, 2002 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 July 22, 2002 in accordance with the plans and specifications dated March 25, 2002, and 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/ot owner is responsible for controlling erosion
on their subject lot.
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5. Maintain Fifteen Thousand Dollars ($15,000.00) 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"10) of the Fifteen Thousand Dollars ($15,000.00) portion of the Letter of Credit is
allowable upon verification that fifty percent (50"10) 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
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Subdividers Agreement
the Fifteen Thousand DoHars($15,000.00) portion of the Letter of Creçlit to correct the terms of non-
conformance. .
SECTION III: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for final surface course of pavement as described
herein, shaH 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 shaH entitle the City to immediately draw against the Letter of
Credit. '.
SECTION IV : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare aH 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 and / or Letter of Credit balance for all charges related hereto.
.
.
SECTION V: 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, unconditionaHy give, grant, convey and fuHy dedicate
the streets, sanitary sewers, storm water drainage facilities (excluding those facilities which are to be
owned and maintained by Owners Associatio(1s) 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 aH 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 hasbeen installed, when all said utilities have been completed
and approved by the City Engineers and other agencies as applicable. .
Dedication shaH 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 caHed for under this Agreement, and
all approvals have been received from regulatory agencies, such improvements shaH be accepted by the . City by separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha
County Register of Deeds.
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Subdividers Agreement
. 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 VI: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall 'þay 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 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 VII : 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. 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 VIII: GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains, surface water
drainage improvements and all other improvements described in Section II, 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.
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,
,a. 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
,
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Subdividers Agreement
hired by the City to perform service as to this Subdivision and give the City evidence of the same upon
request by the City. . .
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers,
agents, independent contractors, and employees from and against all claims, damages,
losses, and expenses, including attorney's fees arising out of or resulting from the
performance of the Work, providing that any such claim, damage,. loss, or expense (i) is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom,
and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its
officers, agents, independent contractors, and employees or anyone for whose acts any of
them may be made liable, regardless of whether or not it is caused in part by a party
indemnified herein. A claim for indemnification under this section shall be conditioned upon
the City giving to the Subdivider, within five (5) business days of receiving the same, written
notice of any such claim made against the City for which indemnification is sought, and if
requested to do so by Subdivider's insurance carrier, the City shall tender the defense of
such claims to the Subdivider's insurance carrier. In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Subdivider, its officers,
agents, independent contractors, employees, and anyone directly or indirectly employed by
any of them or anyone for whose acts any of they may be held liable, the indemnification
obligation under this section shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the Subdivider, its officers,
agents, independent contractors, employees under Workers' Compensation Acts, disability
benefit acts, or other employee benefit acts.
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, fndependent 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
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Rosewood Estates Addn 1
Subdividers Agreement
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at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars
($1,000,000.00) property damage (or such higher amounts as the City shall from time to time
deem reasonable). Such policy shall cover both Subdivider and the City and its agents,
employees, and officials, and all insurers shall agree not to cancel or change the same
without at least thirty (30) days written notice to the City. A certificate of Subdivider's
insurance shall be furnished to the City upon execution of this Agreement. Each such policy
shall provide that no act or default of any person other than the City or its agents shall render
the policy void as to the City or effect the City's right to recover thereon.
SECTION 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
necessary from other authprities 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 XII: 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 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. Street Tree and landscape Plans have been submitted and approved by the Conservation
Coordinator and Plan Commission.
- 4. 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
,
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Subdividers Agreement
5. Negative balance in Developer's Deposit is satisfied unless othèl'W,ise authorized by the Planning
Director. .
SECTION XIII. 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 $201,653.00 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 $2,000.00 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.
SECTION XIV. 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. .
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Subdividers Agreement
. SECTION XV . 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 XVI: 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. Subdivider
By:
Donald Miller, Rosewood 1 Corp
STATE OF WISCONSIN) 88
WAUKESHA COUNTY)
PERSONALLY came before me this day of ,2003, Donald Miller, to me known to
be the person who executed the foregoing instrument and acknowledged the same.
. Notary Public-State of Wisconsin
My Commission Expires
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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 Slocomb, Mayor
BY:
Jean K. Marenda, CMC, City Clerk-Treasurer
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2003, the above named Mark
Slocomb - Mayor, and Jean K. Marenda, CMC - 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 of said municipal corporation, and acknowledged that they executed the foregoing instrument
as such officers as the deed of said municipal corporation by its authority and pursuant to the
authorization by the Common Council from their meeting on the day of , 2003.
Notary Public-State of Wisconsin
. My Commission Expires
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Subdividers Agreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for
Rosewood Estates Addn 1 Subdivision, Muskego, Wisconsin, as entered into on the day
of , 2003, by and between Donald Miller dba Rosewood 1 Corp. and the City Of Muskego,
pursuant to the authorization by the Common Council from their meeting on the day
of , 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC, 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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IRREVOCABLE STANDBY DOCUMENTARY CREDIT
NO. 480 (;102
CREDIT NO. 10306 AMOUNT: $201.653.00
3E);"EF:OAR.Y: CITY OF MUSICEGO
, POST OFFICE BOX 749
::,: . W182 S8200 RAClNE AVENUE -"","... ..,. ..' MOSKEGO WI 53150-0749 '9
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'JATE
. .'>'.:~:'::::.<'-::-: :KCSEWOOD ESTATES ADDITION NO. 1
-::":.l..."?. SIRS:
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.-.- ~ '::$~Ú:Y iss;:e tris im:vocable documentary credit in your favor which is available by
beneficiary's dtaft(s) at sight drawn on Lincoln State Bank. Eacb dmft accompanying documents
must state "Drawn under Lincoln State Bank Documentary Credit No. 10306
-:::-:Ù Sta1ldby Credit is to provide a guarantee to' the City of Muske go' for the perfonnance of the
l,;:?:ica::it's obligaiións under that certain agreement ~ted , between the City of
Muskego and Applicant. .
.
D::t~TS ARE TO BE ACCOMPANIED BY:
, . ~.:"::",=,,,=t signed by the Mayor of the City of Muskego stating that Applicant has failed to
~:;~;;:-;:te fue construction of subdivision improvements in aceordance with the said Agreement
or if.herwise comply with the obligations of the Agréement Said statement shall set forth the
~stirn.ated amount necessary for the City of Muske go to complete such improvements or
::':-;::-:-,~.ı: ,:~~,p!y willi the,obligations of the Agreement.
SPECIAL CONDITIONS:
This Standby Credit will termil\llte on the ' day of , .
provided,
':: --;12.'-'-;;:: ::,.;.~cob State Bank shall give written notice to the beneficiary of its intention to
:-: :,: .,::., :~:.; S'2'-.c\oy credit at ninety (90) days prior to the. day of , -" ,:'~:::r S2:Qãate, this letter of credit can only terminate upon ninety (90) days wrinen notice to the
beneficiary. '
C::-.:':;~t:ed on page Two (2)-whichis 3t\ in egralpart of this Standby Credit.
".- .:~~': ~mmunity.
-' , ANC ROUP Member FDiC . :,,~:~""'"~
om", . Un<o1n 0IØæ . FIIftI! 110... 0IØæ. Muobio 0IfIæ . Ne1f BeIlin 0111co . JIrao~ Onl.. . Pewo.be 0ßf<<
i',' S. .3tn s.. 22G6S- 13UlSl. S\OOW.fQæstHomeA~ S(iilWISiiIOJa11"1leRd. 14000W,NIÚ)(IOI^", 11105 1'1. Capiol Dr. 58$1t)mnSl.
:'.,.:':",,",,'-',,5::1:5 yitw'ukte,\\~S32IS Milw.Iuhoc.WlS3220 MUlkeeo,WlSlISO NewBoiio,Wr531SI 8Iookfield.WlS300\. """"""",WlS3QT.!
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Convenience CeI1lers
--- 2:04 C B G SERVICES INC ~ 9679S614
-. :~<;,)~D, State Bank
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Page 2, AIl Integral part of Standby Credit No. 10306
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~ : c ~.. ,,-::::' ~.g::-~ed !:y aU parties hereto that the reference to "Agreement" is for identification
.:..:}é ::.:::;:;:.; ami 5\:.ch reference shall not be construed in any manner to require Lincoln State
3ani<, to inquire into its terms and obligations.
We encourage with you that drafts drawn WIder and in compliance with the terms of this credit
"'~.:.: ~~ Ó:èy:ro:\ored if presented on or before the expiration date. llis original Standby Credit
.:: :.:~ .~~ s'.:ò;:ci-:ted to us together with any drawings hereunder for our endorsement of any
:~,.: 7.:.2!:;S effected by us andlor for cancellation.
Vety Truly Yours,
Lincoln State Bank
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By:
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Community"
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:':'0";'0 {);fi<, . Fo1'1!StHomoom... II~OIll<o . W...IIoIIInOlllto . 8n:I!ifIc1d0ffl", .
2266S. (S~S~ 5400W,JlJC,UfOll1e^"" M3WI3:i101a0Cl'lillcRtL 11000W.H4iIooiI^\'Ii. 19105W,Ca1*olOr.
I.1~WlS:J215 MÎlMlulte,Wl5S1Z0 1.1*10, WI 531&0 New8<ti>,WlS31S1 BIookidd.WlSôIl45
414-ã11-liil0 41~æGO 4J~414 262-'/8902444 162.190-2900
Convenience Cemers
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PUBLIC IMPROVEMENT COST BREAKDOWN
ROSEWOOD ESTATES ADDTN. 1
Bef!. Balance Adi. Balance
#1 ROAD CONSTRUCTION
. a. Excavation to subgrade $ 10,000.00 $10,000.00
b. Stone base material (included in $38,975) $0.00 $0.00
c. Bituminous base course pavement (included in $ 38,975) $0.00 $0.00
d. Bituminons swface course pavement(included in $ 38,975) $0.00 $0.00
e. Concrete pavement $0.00 $0.00
f. Other $38,975.00 $38,975.00
g. Engineering Inspections $4,000.00 $4,000.00
$52,975.00 $0.00 $52,975.00
#2 SITE GRADlNG-LANDSCAPlNG
a. Lot grading $0.00 $0.00
b. Drainage ditch construction $0.00 $0.00
c. Retention pond construction $0.00 $0.00
d. Parking area construction-incl pavement $0.00 $0.00
e. Tree & shrub plantings $0.00 $0.00
f. Landscaping as specified by City-tom. $10,000.00 $10,000.00
g. Erosion control $0.00 $0.00
h. Engineering Inspections $1,500.00 $1,500.00
$11,500.00 $0.00 $11,500.00
#3 TOPSOIL, SEEDlNG/SODDlNG
a. Road ditch area $5,000.00 $5,000.00
b. Terrace areas - in ROW $5,000.00 $5,000.00
c. Drainage ditches $0.00 $0.00 . d. Retention ponds $0.00 $0.00
e. Areas as specified by City $0.00 $0.00
f. Engineering Inspections .
$1,000.00 $1,000.00
$11,000.00 $0.00 $11,000.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $0.00 $0.00
b. Sidewalk $0.00 $0.00
c. Blvd.!traffic islands $0.00 $0.00
d. Ditch inverts $0.00 $0.00
e. Engmeering Inspections $0.00 $0.00
$0.00 $0.00
Bef! Bal Adi. Balance
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $42,770.00 $42,770.00
b. Laterals $12,015.00 $12,015.00
c. Dmnping station & Generator $0.00 $0.00
d. Force main $0.00 $0.00
e. Grinder pumps &charnber-indiv dwelling $0.00 $0.00
f. Engineering Inspections $0.00 $0.00
g. Other $4,500.00 $4,500.00
$59,285.00 $0.00 $59,285.00
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Page 1 of2
PUBLIC IMPROVEMENT COST BREAKDOWN
ROSEWOOD ESTATES ADDTN. 1
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering Inspections
#7 STORMSEWERSYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Drain tile
e. Headwalis/discharge structures
f. Engineering Inspections
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion Control/V egetation Retainage
#9 FEES
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"1;'o!al engineering Costs included
in total Project Estimate"
Be". Balance
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
~-.
Adi Balance
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
.
$9,415.00
$6,090.00
$8,880.00
$10,940.00
$1,168.00
$3,800.00
$40,293.00 $0.00
$9,415.00
$6,090.00
$8,880.00
$10,940.00
$1,168.00
$3,800.00
$40,293.00
$2,800.00
$800.00
$0.00
$15,000.00
$18,600.00
$2,000.00
$0.00
$5,000.00
$1,000.00
$0.00
$8,000.00
$2,800.00
$800.00
$0.00
$15,000.00
$0.00 $18,600.00
.
$2,000.00
$0.00
$5,000.00
$1,000.00
$0.00
$0.00 . $8,000.00
$201,653.00 $201,653.00
Page 2 of 2
$15,300.00
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #006-2003
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Rosewood Estates Addition No.1 Subdivision
WHEREAS, A Final Plat was submitted for Rosewood Estates Addition No.1 Subdivision
located in the NE 1/4 of the NW 1/4 of Section 11 to create 9 residenti 'I parcels; and
WHEREAS, The Plan Commission has recommended approval th ugh Resolution #P.C. 66-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credi ave tiee~ received for
Rosewood Estates Addition NO.1 Subdivision and the Fina e com.~e has recommended
approval. P
NOW, THEREFORE, BE IT RESOLVED That the Com on C~~'n of the City of Muskego,
upon the recommendation of the Plan Commission, d. shere pprove the Final Plat for
Rosewood Estates Addition No.1 Subdivision, subj~ t to aplP 0 al of the City Engineer and all
objecting and approving agencies, receipt of all fe~ as prov.~\ed in Section 18.14 of the Land
Division Ordinance, any special assessmentsZh'éh may ue, and the conditions outlined in
Resolution #P.C. 66-2002.
BE IT FURTHER RESOLVED That the su~ ider's A ment and Letter of Credit for
Rosewood Estates Addition NO.1 Subdivis' n, as a ed, are hereby approved subject to
approval of the City Attorney and City En neer, all id approvals to be obtained within thirty
(30) days of the date of approval of this esolution 0 e same will be null and void.
BE IT FURTHER RESOLVED That èiigital *.D~ file, *.DGN file, or *.DWG file of this final plat
be submitted to the City prior to Cit signat s eing placed upon the plat (3-1/2" diskette) and
all information transmitted on the Iskett s be tied to and referenced to State Plane
Coordinates NGVD 1929 or oth s appr v d y the City Engineer.
ayor and Clerk-Treasurer are hereby authorized to
e of the City.
DATED THIS
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D ,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 #006-2003 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
1/03jmb