CCR2003044COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #044.2003
.
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Chamberlain Hill Subdivision
WHEREAS, A Final Plat was submitted on September 16, 2002 for the Chamberlain Hill
Subdivision located in the SE v.í of Section 3 (Martin Drive) to create 29 residential parcels and
three outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 137-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for
Chamberlain Hill 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
Chamberlain Hill 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. 137-2002.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for
Chamberlain Hill 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 file of this final plat shall be submitted to the City in
accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That a Street Tree Plan is required to be submitted by the
petitioner and approved by the Conservation Coordinator and Plan Commission prior to the
release of residential permits.
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 11th DAY OF March ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Patrick Patterson
Ald. Nancy C. Salentine
Deferred: 2/25/03
'. This is to certify that this is a true and accurate copy of Resolution #044-2003 which was
adopted by the Common Council of the City of Muskego.
~j(m~ Cler reasurér
2I03jmb
.
KEY BRIDGE GROUP, INC. - CITY OF MUSKEGO
.
CHAMBERLAIN Hlll- SUBDIVIDER'S AGREEMENT
This Agreement, made this day of_, 2003 by and between Key Bridge Group, Inc. (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 Chamberlain Hill
Subdivision (the "Subdivision"), a part of the lands described as:
Being part of Certified Survey Map No. 174, part of the Northeast 14, and the Southeast 14 of the
Southwest 14 of Section 3, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southeast corner of said 14 Section; thence N 00024'00" W along the East
line of said 14 Section 620.34 feet to a point on the centerline of Martin Drive, a public street, and the point of beginning of lands to be described; thence continuing N 00024'00" W along
said East line 2029.76 feet to a point being the Northeast corner of said 14 Section; thence S 88024'44" W along the north line of said 14 Section 665.00 feet to a point on the East line of Oak Hill Estates, a recorded Subdivision; thence S 00022'05" E along said East line 1836.08 feet to a point on the centerline of Martin Drive; thence S 75016'53" E along said centerline 689.75 feet to the point of beginning, containing 29.5257 acres of land (more or less).
. the Final Plat(s) of which will be recorded with the Register of Deeds for Waukesha County and a copy of which is on file in the Office of the City Clerk; and .
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Subdivider make and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipality; and
WHEREAS, The City's Engineers, the City's Public Works Committee, Public Utility Committee and Finance Committee have duly approved, contingent of certain other approvals, Subdivider's plans and specifications for subdivision improvements, and the City's Plan Commission and Common Council have duly approved the final plat of Chamberlain Hill 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 29 parcels platted for single family residential use, and 3 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 RSE / COPD Suburban Estate District with Conservation Planned Development Overlay zoning. .
Page 2
Chamberlain Hill Subdividers Agreement
a) Single family parcels shall conform to the zoning requirements of RSE / COPD Suburban
Residence district, being a maximum of 20,000 square feet in area, and 100 feet in average lot. width.
b) Outlots 1, 2, and 3 shall be reserved for common open space and stormwater management
purposes, and shall be owned and maintained by an incorporated Owners Association
established by Subdivider.
2. Subdivider shall entirely at its expense:
a) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in
the amount required herein for the construction of improvements required by this Agreement. No
construction activity may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered.
b) Concurrent with the execution of this Agreement, provide the City with title evidence acceptable
to the City Attorney showing that upon recording the Plat, the City will have good, indefeasible title to all interests in land dedicated or conveyed to the City by the Plat.
c) Within six (6) months of approval of this Agreement by the Common Council, the Subdivider shall
execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County Register of Deeds, and shall provide City with evidence of recording.
d) Within six (6) months of approval by all approving authorities and waiver of objection by all objecting authorities, the Subdivider shall cause the final plat of Chamberlain Hill 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 February 24,2003 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.
.
Page 3
Chamberlain Hill Subdividers Agreement
.
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 February 24, 2003 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 February 24, 2003 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 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 February 24, 2003 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:
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 February. 17, 2003 all in accordance with the plans, specifications and drawings on file in the City Building and Engineering Department.
2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems. .
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering and Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the issuance of building permits, and acceptance of improvements by the City.
D. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and distribution, throughout the entire Subdivision, as approved by the Director of Engineering and Building and Public Utilities Committee on February 17, 2003 and in accordance with the plans and . specifications on file in the City Building and Engineering Department.
Page 4
Chamberlain Hill Subdividers Agreement
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be . required by the City.
3. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list items concerning the water system prior to the connection of any structure to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the Subdivision improvements. Replace trees in accordance with plans to be approved by the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with plans to be approved by the Planning Director and Plan Commission prior to the release of occupancy permits.
F. EROSION CONTROL MEASURES:
1. Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion . Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance by the Director of Engineering and Building and Public Works Committee on February 24, 2003 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 February 24, 2003 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 Twenty-Two Thousand Five Hundred Dollars ($22,500.00) in the Letter of Credit, to be retained until adequate vegetation is established as determined by the Director of Engineering and Building. A reduction of fifty percent (50%) of the Twenty-Two Thousand Five Hundred Dollars . ($22,500.00) portion of the Letter of Credit is allowable upon verification that fifty percent (50%) of
Page 5
Chamberlain Hill Subdividers Agreement
.
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 Twenty-Two Thousand Five Hundred Dollars ($22,500.00) portion of the Letter of Credit to correct the terms of non-conformance.
City shall:
G. REIMBURSEMENTS FOR UTILITY OVER SIZING
1. Reimburse Subdivider in accordance with the following schedule approved by the Finance Committee on February 25, 2003:
Improvement
Cate ory:
Martin Drive Off-Site Sanita
Estimated
Quantit
1,377 lineal feet
Reimbursement At:
$20.00 er lineal foot
2. Reimbursement may be requested by Subdivider following completion of as-built plans and following City's acceptance of the Improvements. In no case shall reimbursement occur prior to January 1, 2004.
3. All requests for reimbursement shall be made in writing to the City Planning Department, and shall be reviewed for approval by the Director of Building and Engineering. The recommendation of the Director of Building and Engineering shall be forwarded to the Finance Committee and Public Utilities Committee for consideration.
. 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 completion of the final
surface course pavement, such notice shall be considered a failure to complete improvements in
accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit. .. SECTION 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.
..
Page 6
Chamberlain Hill Subdividers Agreement
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 Owners Associations) 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 subs!andard materials or work.
At such time as all improvements are completed and acceptable as called for under this Agreement, and. all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha County Register of Deeds.
The City shall have the right to connect to or integrate other utility facilities with the improvements
provided herein without payment, award, or consent required of the Subdivider.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which
shall be incurred by the City prior to and following the date hereof in connection with or relative to the
construction, installation, dedication and acceptance of the improvements covered by Section III, 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 VIII : MISCELLANEOUS REQUIREMENTS.
The Subdivider shall: .
Page 7
Chamberlain Hill Subdividers Agreement '.
. 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 àt 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, watermains, 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.
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
Page 8
Chamberlain Hill Subdividers Agreement ",
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 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 no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City's right to recover thereon.
SECTION XI : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing . the work required by Section II of this Agreement.
Page 9
Chamberlain Hill Subdividers Agreement '0,
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:
'.
1. The sanitary sewer, water and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and installation of the bituminous
concrete base course pavement has been properly installed, and
2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and Building, and
3. Certification is provided to the Director of Engineering and Building by a Registered Land
Surveyor that all lot grades conform to the Master Grading Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning
Director.
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the Planning Director has determined that:
5. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
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 February 11, 2003 in the amount of $1,175,298.00 as a
guarantee that the required plans and improvements will be completed by the Subdivider and his
subcontractors no iater 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. .
Page 10
Chamberlain Hill Subdividers Agreement
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 $7,500.00 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 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:
.
Page 11
Chamberlain Hill Subdlvlders Agreement
.
To Citv:
Planning Department
City of Muskego
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
Planning @ci.muskego.wi.us
To Subdivider:
Key Bridge Group Inc.
Mr. Scott C. Fergus, President
259 W. Broadway, Suite 100
Waukesha, WI 53186
(262) 650-3626
(262) 650-2706 facsimile
scott-fergus@cedarmill-homes.com
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.
'. 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. KEY BRIDGE GROUP, INC.
By:
Scott C. Fergus, President
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me this
-
day of
, 2003, Scott C. Fergus, President of Key Bridge Group, Inc., to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
.
Page 12
Chamberlain Hill Subdividers Agreement
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written .' above.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb, Mayor
BY:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN) SS
WAUKESHA 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 b~ its authority and pursuant to the authorization by the Common Council from their meeting on the 25' day of February, 2003.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
.
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Chamberlain Hill Subdivision, Muskego, Wisconsin, as entered into on the _day of
, 2003, by and between Key Bridge Group, Inc. and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the 25th day of February, 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 .
CHAMBERLAIN HILL
RETENTION POND MAINTENANCE AGREEMENT
. This Agreement is made and entered into this
-
day of , 2003, by and
between Key Bridge Group, Inc., (hereinafter referred to as "Subdivider"), the
incorporated Chamberlain Hill Owners 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
Chamberlain Hill Subdivision (the "Subdivision"), being a part of the lands described as:
Being part of Certified Survey Map No. 174, part of the Northeast ÿ4, and the
Southeast ÿ4 of the Southwest ÿ4 of Section 3, Town 5 North, Range 20 East, in
the City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
'.
Commencing at the Southeast corner of said ÿ4 Section; thence N 00024'00" W
along the East line of said ÿ4 Section 620.34 feet to a point on the centerline of
Martin Drive, a public street, and the point of beginning of lands to be described;
thence continuing N 00024'00" W along said East line 2029.76 feet to a point
being the Northeast corner of said ÿ4 Section; thence S 88024'44" W along the
north line of said ÿ4 Section 665.00 feet to a point on the East line of Oak Hill
Estates, a recorded Subdivision; thence S 00022'05" E along said East line
1836.08 feet to a point on the centerline of Martin Drive; thence S 75016'53" E
along said centerline 689.75 feet to the point of beginning, containing 29.5257
acres of land(more or less), and hereinafter referred to as the "Subdivision", and
WHEREAS, The City has approved the plat of Chamberlain Hill and the construction of
storm water retention ponds within outlots 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 Chamberlain Hill Subdivision; and
WHEREAS, Chamberlain Hill Subdivision is upstream from Big Muskego Lake and Bass
Bay, 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 Chamberlain Hill 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 Chamberlain Hill Owners Association
consisting of the owners of Parcels 1-29 inclusive, hereinafter referred to as the
"Association", which shall become the owner of certain outlots upon recording of the
final plat and the Chamberlain Hill Declarations of Protective Covenants. Upon
completion of the storm water retention ponds the Association shall be responsible for
the maintenance of the retention ponds constructed thereon; and
Chamberlain Hill
Retention Pond Maintenance Agreement
Page 2
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
February 24, 2003 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 February 24,
2003, 2003 on file in the offices of the City of Muskego Building Department as required by the City of Muskego Storm water Management Ordinance.
3. The City of Muskego is authorized to access the Property to conduct inspections of
storm water practices as necessary to ascertain that the practices are being
maintained and operated in accordance with the approved storm water management
plan.
4. The Association, on an annual basis, shall provide maintenance of each storm water
management measure, including but not limited to, removal of debris, maintenance of vegetative areas, maintenance of structural storm water management measures
and sediment removal.
.
5. Upon notification 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 1-29 inclusive on an equal 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 three thousand
dollars ($3,000.00) to cover the 'estimated costs associated with the pond draw downs necessary for the first five (5) years. Upon commencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice the Chamberlain
Hill 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 each
calendar year, to cover the costs associated with the pond draw downs in the following year.
.
Chamberlain Hill
Retention Pond Maintenance Agreement
Page 3
. 8. Any annual costs in excess of the $1,000.00 account balance,. and which are
associated with the retention pond draw downs, shail be biiled to the Association.
Costs not paid shail 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 shail deposit a minimum of one thousand doilars ($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 Chamberlain Hiil Subdivider's Agreement, which
terms are incorporated herein, shail be recorded with the Waukesha County
Register of Deeds and shail be a covenant running with the land and binding upon
ail 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. KEY BRIDGE GROUP, INC.
By:
Scott C. Fergus, President
~
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me this
-
day of_, 2003 Scott C. Fergus, President of Key Bridge Group, Inc. to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
Chamberlain Hill
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the incorporated Chamberlain Hill Home Owners 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. CHAMBERLAIN HILL OWNERS ASSOCIATION, INC.
By:
Scott C. Fergus, Director
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me this
-
day of 2003, Scott C. Fergus,
Director, to me known to be the persons who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
Chamberlain Hill
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 ClerkfTreasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}.
.~
Personally came before me this
-
day of , 2003, the above named Mark A. Slocomb, Mayor and Jean Marenda, City ClerkfTreasurer, 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 ClerkfTreasurer 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 25th
day of February, 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
Chamberlain Hill
Retention Pond Maintenance Agreement
Page 6
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Chamberlain Hill Subdivision, Muskego, Wisconsin, as entered into on this
-
day of , 2003 by and between Key Group, Inc., the
incorporated Chamberlain Hill Owners Association, Inc. and the City of Muskego,
pursuant to the authorization by the Common Council from their meeting on the 25th day
of February, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City Clerkfrreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
.
CHAMBERLAIN HILL STORM WATER MANAGEMENT PLAN
The City of Muskego Storm Water Management Ordinance requires the filing of
a storm water management plan and grading plan. The grading plan including
all hydraulic calculations, together with storm sewer plans and appurtenant storm
water structures, has been filed by the Subdivider's engineer with the City of
Muskego. Such information was utilized by the City of Muskego to evaluate the
environmental characteristics of the area affected by the land development
activity in Chamberlain Hill, 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 Chamberlain Hill Owners Associafion regarding the management of storm
water in Chamberlain Hill 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 an Outlot in Chamberlain Hill. The Subdivider shall as-built
the finish grade of the pond and provide the as-built plans to the City and
Chamberlain Hill Owners Association. The Subdivider shall also provide a
bench mark at the pond to be illustrated on the as-built drawings.
.
Chamberlain Hill
Stormwater Management Plan
Page 2
4. The Subdivider upon completion of the above referenced improvements
shall convey by final plat and deed restrictions the improvements to
Chamberlain Hill Owners 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
Chamberlain Hill 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
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 Chamberlain Hill Subdivision
to minimize flooding and sediment migration to Big Muskego Lake, adjacent
wetlands, and other tributary properties, to prevent rough fish propagation and
reintroduction into Big Muskego Lake. To assure quality control the City of Muskego is willing to administer an annual "draw down" of each retention pond
that will result in reducing the depth of the water during the cold months of the
year. This draw down of the depth of the storm water 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 navigable stream which is 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 Chamberlain Hill 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 4"
discharge pipe. If sediment build-up has occurred above the invert
elevation of the discharge pipe it must be removed prior to draw down. Draw down gate valves shall be closed within one week of
commencement of the draw down.
.
.
.
.
Chamberlain Hill
Stormwater Management Plan
Page 3
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.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
CHAMBERLAIN HILL OWNERS ASSOCIATION
An incorporated association of the owners of all single family lots in Chamberlain Hill 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 Chamberlain Hill Owners 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, shall provide maintenance of each
storm water retention pond, including but not limited to, removal of debris,
maintenance of vegetative areas, maintenance of storm water structures,
emergency overflows including rip rap and sediment removal.
.--
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention 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 creek 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 in equal amounts on the tax roll as a special assessment or special charge against the residential Parcels in Chamberlain Hill, 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
Approved by Public Works Committee February 24, 2003
CHAMBERLAIN HILL
OPEN SPACE MANAGEMENT PLAN AGREEMENT
This Agreement, made and entered into this day of
, 2003 by Key Bridge Group, Inc. (hereinafter referred to as "Subdivider"), the incorporated Chamberlain Hill
Homeowners Association, Inc. (hereinafter referred to as "Association") and the City of
Muskego, a Municipal Corporation located in the County of Waukesha and the State of
Wisconsin, (hereinafter referred to as "City").
.
WITNESSETH:
WHEREAS, the Subdivider is the owner of certain lands commonly known as the Chamberlain
Hill Final Plat (hereinafter referred to as "Conservation Subdivision") and described as Parcels
1-29 inclusive, Outlot 1, Outlot 2, and Outlot 3 of Chamberlain Hill, being a Subdivision of the
NEy" and SE y" of the SW y" of Section 3, T5N R20E, City of Muskego, Waukesha County,
Wisconsin, and.
WHEREAS, The City of Muskego Conservation Plan (dated August 1, 2001 and on file at the City of Muskego Planning Department) identifies certain environmentally significant lands within
the City; and
.
WHEREAS, The City of Muskego Conservation Plan encourages the preservation of environmentally significant lands which lie within areas to be developed; and
WHEREAS, The City of Muskego Conservation Plan encourages the development of
conservation subdivisions that preserve environmentally significant lands; and . WHEREAS, The City of Muskego Common Council has approved the Conservation Subdivision; and
WHEREAS, The approved Conservation Subdivision designates outlots containing open spaces of environmentally significant lands; and
WHEREAS, Chapter 18 of the City of Muskego Municipal Code requires the creation and implementation of open space management plans for conservation subdivisions; and
WHEREAS, The Subdivider has established an incorporated homeowners association known
as Chamberlain Hill Homeowners Association, Inc. (hereinafter referred to as the "Association"),
which shall become responsible for maintenance of the outlots upon recording of the Final Plat
and Deed Restrictions, and
WHEREAS, The City reserves the right to enforce the requirement that the outlots are maintained in a manner consistent with this agreement and the Chamberlain Hill Open Space Management Plan on file in the offices of the City of Muskego Planning Department as required by the Chapter 18 of the City of Muskego Municipal Code; .
.
Chamberlain Hili
Open Space Management Plan Agreement
Page 2
. NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS AGREED,
as follows:
1. The Subdivider warrants and represents that it is the sole owner of the lands subject to this
Agreement free and clear of all encumbrances, except recorded easements and restrictions
and municipal and zoning ordinances and real estate taxes in the year of closing.
2. The Association, unless otherwise provided for in the Chamberlain Hill Open Space
Management Plan approved February 11, 2003, and as attached hereto, shall be responsible
for maintenance of the outlots within the Subdivision.
3. The Subdivider shall deposit in a segregated account with the City five thousand doilars
($5,000) in the name of the Association to cover costs associated with the first five (5) years of
the management schedule of the Chamberlain Hill Open Space Management Plan. Upon
commencement of the sixth (6) year, and continuing in each year thereafter, the required
balance shall be one thousand dollars ($1,000) and from time to time the City shall invoice the
Association in an amount sufficient to return the account balance to one thousand dollars
($1,000).
4. The City of Muskego is authorized to access the Property to conduct inspections of vegetative
cover within outlots as necessary to ascertain that the vegetation is being maintained in
accordance with the approved Chamberlain Hill Open Space Management Plan, which inciude
but are not limited to invasive species control, and prairie/sedge meadow establishment. The
City shall provide the Subdivider or Association an inspection report detailing any noncompliant
items. -
5. The Association shall maintain the outlots in accordance with the approved Chamberlain Hill
Open Space Management Plan on file in the offices of the City of Muskego Planning
Department as required by Chapter 18 of the City of Muskego Municipal Code.
6. The Association may be required, upon notification by the City of Muskego, to take corrective
actions within a reasonable timeframe to address vegetation maintenance problems within the
outlots. 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 associated with corrective actions shall be drawn against the
segregated account.
7. Any annual costs and expenses in excess of the account balance shall be billed to the
. Association. If unpaid, such charges shall be entered on the tax roll as a special charge or
special assessment against all residential lots in Chamberlain Hill and collected with any other
taxes levied thereon for the year in which the work is completed.
8. This document shall be recorded with the Waukesha County Register of Deeds and shall be a
covenant running with the land and binding upon all owners of said land.
.
Chamberlain Hill
Open Space Management Plan Agreement
Page 3
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.
.
Key Bridge Group, Inc.
By:
Scott C. Fergus, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this day of
, 2003 Scott C. Fergus, President of Key Bridge Group, Inc., to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
CHAMBERLAIN HILL HOMEOWNERS ASSOCIATION, INC.
By:
Scott C. Fergus, Director .
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this day of
, 2003 the above named Scott C. Fergus, Director, to me known to be the person who executed the foregoing instrument and acknowledged the same as representatives of the Chamberlain Hill Homeowners Association, Inc.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSIN} SS
W AUKESHA COUNTY}
.
Chamberlain Hill
Open Space Management Plan Agreement
Page 4
.
.
.
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
By:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN}SS
WAUKESHA 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 above-named municipal
corporation City of Muskego, to me known to be the persons executed the foregoing
instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal
corporation, and acknowledged that they executed the foregoing instrument as such officers as
the deed of said municipal corporation by its authority and pursuant to the authorization by the
Common Council from their meeting on the 25th day of February, 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 Open Space Management
Plan Agreement for Chamberlain Hill, Muskego, Wisconsin, as entered into on this _day of , 2003 by and between Key Bridge Group, Inc., the Chamberlain Hill
Homeowners Association, Inc. and the City of Muskego, pursuant to the authorization by the
Common Council from their meeting on the 25th day February, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda
City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
This document drafted by
Tom Zagar, Conservation Coordinator
City of Muskego
PO Box 749
Muskego, WI 53150
CHAMBERLAIN HILL OPEN SPACE MANAGEMENT PLAN
.
TABLE OF CONTENTS
SECTION 1- VEGETATION COVER TYPES OF CHAMBERLAIN HILL
Introduction................................... 0""""0""""""""'0""""""0"""'0""""""""0"" 1
Mixed Hardwood Forest
"""""""0"'0"'0"0""0""""0"""""0"""0"""'"0.................. 1
Wetlands. '00..0..... 00.0... "0' 0"".00.0.000..0...0".0..00"'....00.. "0'" 0........ 0...... O' 0""""'0""'0"00'. 2
SECTION 11- RECOMMENDATIONS AND REQUIREMENTS
Mixed Hardwood Forest....... 0""""'0""""""""0"...... 0.................. 0........................ 4
Wetlands... 0""""0""""'0"...... 0......................... 0"""""""""'0""""0""""'0"""""'" 5
Storm Water Ponds and Drainage Swales "....0................................................... 7
Prairie (Wildflower) Plantings... .... """'0'........... """"""""""""0'........ ........ .......... 8
SECTION III-INITIAL DUTIES AND RESPONSIBILITIES OF THE DEVELOPER..... 12
SECTION IV - DUTIES AND RESPONSIBILITIES OF THE HOMEOWNERS
............. 13
SECTION V - DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO
....... 14
.
.
.
SECTION I: VEGETATION COVER TYPES OF CHAMBERLAIN HILL
Introduction
This Open Space Management Plan includes a proposed program to preserve, manage
and use open spaces and natural areas within the Chamberlain Hill subdivision. The
plan provides general methods and procedures for managing, improving, and sustaining
the quality of the natural habitats of Chamberlain Hill. It also provides recommendations
on landscaping and managing open space areas that were manipulated or disturbed in
the development process. This document serves as a Work Plan, and as such,
provides general recommendations about expected habitat management issues. It
contains information about managing lawns, wildflower and grassland prairie areas,
woodland management, and pond maintenance and encourages the use of vegetation
types historically found in the region. Techniques for managing invasive, weedy plant
species, such as Buckthorn, Honeysuckle, Purple Loosestrife and Garlic Mustard, are
also provided.
The City of Muskego Conservation Coordinator is available to provide technical
assistance and literature references. References to other agencies, native plant
nurseries and private consultants can also be provided to help in this Plan's execution.
Mixed Hardwood Forest - (Historically Oak Savanna)
. Description
The 8.1-acre forested area of Chamberlain Hill was historically an oak savanna. Oak
savanna was the predominant land cover type of southern Wisconsin before European
settlement. This transition between the prairies of the Central Plains and the forests of
eastern North America consisted of forests of scattered trees where numerous prairie
grasses and wildflowers thrived within the openings. Periodic wild fires minimized the
extent of most woody plants. Certain trees, primarily oaks with their thick bark,
withstood these fires. Bur Oak (Quercus macracarpa) is the predominant tree of oak
savannas, however White Oak (Quercus alba), Northern Red Oak (Quercus rubra),
Shagbark Hickory (Carya ovata), and Black Walnut (Juglans nigra), also grew in this
ecotype. However, because of human manipulation of the land, fire suppression and
effects of competing invasive plants, few healthy oak savannas exist. Species
composition has been altered and species diversity has been greatly reduced.
This area now exists as a mixed hardwood forest. There are several large Northern
Red Oak and White Oak, with a few very large specimens of Sugar Maple (Acer
saccharum) within the woodlot. O!her woodland trees include Green ash (Fraxinus
pennsylvanica), White Ash (Fraxinus americana), Bitternut Hickory (Carya cordiformis),
Red Maple (Acer rubrum), Basswood (Tilia Americana) and Black Walnut. Understory
trees include younger-aged Bitternut Hickory (Carya cordiformis), Black Cherry (Prunus
seratina), and Sugar Maple. Under-story tree species of Ironwood (Ostrya virginiana),
.~
Chamberlain Hill Open Space Manaqement Plan
Downy Hawthorn (Crataegus mollís) , and Prickly Ash (Zanthoxylum americanum) are
also found. . .
In general, the forest has a great diversity of woody plants and is not highly impacted by
invasive shrub species. Because the site was surveyed in fall, a list of woodland forbs
(herbaceous plants) was not compiled. However, due to the relative lack of invasive
shrubs, it is suspected that the woodlot also contains a good diversity of woodland
forbs.
Shade has suppressed the regeneration of oak trees and is shifting the tree species
composition. Younger-aged oaks are mainly found along forest edges and in forest
openings. The younger-aged tree population is now dominated by Sugar Maples, which
can tolerate the shade of other trees. Over time, as oaks within the forest interior die, maples and American Basswood (Tilia americana), another shade-tolerant species, will
replace them.
Dead trees within a residential yard are usually hazards to human life and property and
need to be removed. However, within the forest, they provide habitat for a variety of
wildlife. Dead trees typically have cavities that serve as nesting sites for mammals and
cavity-nesting birds. These include deer mice, squirrels, chipmunks, owls, kestrels,
woodpeckers, chickadees, nuthatches, and the great-crested flycatcher. Furthermore,
the decay of fallen trees cycles nutrients back into the soil where they become available
for further plant growth.
Invasive Species .
Two invasive shrub species are of a concern in the forest: Tatarian Honeysuckle
(Lonicera tatarica) and European Buckthorn (Rhamnus cathartica). Both of these plants
were originally brought to North America for use as landscape plants but have now
spread into forests over much of the continent. These species leaf out sooner than
most native woodland trees. Native woodland flowers such as Jack-in-the-Pulpit
(Aerisaema trifollíum), Trilliums (Trillíum grandif/orum), Bloodroot (Sanquinana
canadensis), and Mayapple (Podophyllum peltatum) flourish in the sunlight that comes through the forest canopy in spring before the trees leaf-out. The early-leafing
buckthorn and honeysuckle inhibit the growth of these native plants on the forest floor.
Not only are humans robbed of the chance to witness a spectacular display of spring
flora, the wildlife that relies on the native species for food and habitat is greatly
impacted. This shading effect also inhibits the regeneration of forest trees and, over
time, the area can transform into a dense thicket of these invasive shrubs.
Several Siberian Elms (Ulmus pumila) are growing within outlot 1 in south end of the
treeline that extends north from Martin Drive. These nonnative trees could spread into
the woodlot if they are not removed.
Garlic mustard (Allíaria petiolata), another invasive non-native plant, is a serious threat
to the health of the woods in Chamberlain Hill. This prolific biennial herb can quickly .
2
.
.
.~
Chamberlain Hill Open Space Manaqemenl Plan
dominate the ground flora of a forest at the expense of the diverse assemblage of native
woodland flowers. In the first year it is generally low growing, does not form flowers,
and remains green through winter. Second-year plants grow 1-2 feet tall and produce
clusters of white blossoms in May and June. Each plant dies after flowering.
Garlic mustard was found along the southern edge of the woodlot but does not currently
appear to be a widespread within the forest interior. Early control will help keep this
invader from gaining a foothold and disrupting the forest ecology.
Wetlands
Description
Wetlands have tremendous ecological significance. They help to improve water quality,
help retain storm water, provide critical habitat for a variety of other wildlife, including
frogs, salamanders, and turtles. Many people mistakenly think of wetlands as nothing
more than mosquito breeding grounds. However, a healthy wetland habitat attracts
beneficial insects such as dragonflies, and birds such as swallows, swifts, and
flycatchers - all of which prey on mosquitoes.
The wetlands located on the south end of the development are of low quality and
species diversity. The area was likely a former sedge meadow but has been converted
to agricultural uses. It now consists of mostly weedy nonnative forbs. Restoration of
this area through seeding with wet prairie/sedge meadow vegetation is needed.
Invasive Species
Reed Canary Grass is an aggressive sod-forming grass that is over-taking many
wetlands and adjacent uplands in North America. Although a native strain exists, a
more vigorous Eurasian strain was introduced for use as forage and erosion control.
This Eurasian strain out-competes native flora and creates a monotypic (single species)
stand that is of little use to wildlife. Reed canary grass was found growing east of the
treeline, in Outlot 1, just north of Martin Drive.
.
Although not observed at Chamberlain Hill, Purple Loosestrife is another wetland
invasive plant to watch out for. This plant has showy purple flowers but its impact to
wetlands isn't so pretty. Like other invaders, it can dominate an area to the extent that
other species are eliminated.
3
Chamberlain Hill Open Space Manaqement Plan
SECTION II: RECOMMENDATIONS AND REQUIREMENTS
Mixed Hardwood Forest .
Control of Invasive Species
Although they are both present in Chamberlain Hill, neither Tartarian Honeysuckle nor
European Buckthorn has developed a strong foothold in the forest and control is
achievable. Both buckthorn and honeysuckle appear to be mostly isolated to the forest
edge. The interior of the woodlot is relatively free of these invasive shrubs. Cutting the
shrubs at ground level and treating the stumps with a glyphosate herbicide can control larger plants of both species. This is best done in the fall of the year when sap flows
toward the roots and these plants are easily spotted due to their tendency to hold their
leaves longer. Cut sterns should be removed and disposed of, as they are capable of
re-rooting.
Control of a Garlic Mustard infestation is labor-intensive. Plants can be hand pulled in
spring before they set seed. Pulled plants must be bagged and land filled. The hand-
pulling regimen must continue for several years until the existing seed bank of Garlic Mustard is exhausted. Timely spraying of herbicides and prescribed burns are also
effective control techniques provided they are conducted in the dormant season before
most native woodland plants green-up. Reseeding or replanting with native woodland
flora may be required.
There are many references available that detail specific invasive species control techniques. The Wisconsin Department of Natural Resources web site contains many excellent online and offline references:
(htt ://www.dnr.state.wi.us/or/land/er/invasive/index.htm)
.
Preservation
Residential development within wooded areas should be done in a manner that will
minimize the impact on the forest community. Careful placement of roads, driveways,
utilities and building pads is paramount. Cut and fill operations should be confined to
these development areas. Excavated materials should not be spread or placed upon existing natural areas. Most woodland trees and ground flora are intolerant of even minor grade changes. Fill material brought into a construction site can potentially
introduce unwanted weed seeds.
Damage from heavy equipment and even light vehicles can gravely damage mature
trees. Soil compaction is a greater threat than the more obvious trunk scarring. The
effects of construction damage often take 5 to 7 years before they finally kill a tree, and the building contractors have long since completed their work. Homeowners don't
relate the tree's death to construction activities several years earlier. To successfully
preserve trees near construction sites, snow fencing and signage should be erected
around the tree's critical root zone. This zone usually extends beyond the drip line of .
4
.
.
-
Chamberlain Hill Open Space Manaqement Plan
the tree canopy. General contractors must make all subcontractors and utility installers
aware of tree preservation procedures.
Requirements
The Homeowners Association shall employ an aggressive campaign to eradicate
invasive honeysuckle and buckthorn shrubs from the hardwood forest and within any
fencerow areas left intact. These invasive shrubs currently impact less than half of the
eight-acre forested area. All honeysuckle and buckthorn within the forest outlot (Outlot
2) should be largely controlled by the third year of the subdivision's existence. That is,
less than 10% of the cut stems should show re-sprouting.
The Association should hand-pull garlic mustard and begin chemical control if needed.
It can be said of any invasive species that early detection and control will make it
considerably easier to minimize or eliminate. The Muskego Conservation Coordinator is
available to meet with Association members to give instructions on invasive plant
identification and control options.
Timetable for Invasive Soecies Management
S ecies Manaoement stra\òQÝë: . ',2003,',.'W:::;:'). "> :'.:' ""'.'~ii,';:';P,i-'.':" );2004"":"'."":" :2005'... .:" .'.
. All Odd Years -All Even Years
Buckthorn Inspection/Monitoring Inspect in Fall Inspect in Inspect in Inspect in Inspect in April
and April April April
Honeysuckle Control Stump treat with herbicide Fall-winter Consider Fall-winter Possible Spring
herbicide cut need & Herbicide burn
stems feasibility at
Sorino burn
Garlic Inspection/Monitoring Inspect in Fall for 1st year plants Inspect in Inspect in Inspect in Inspect in April- Mustard Anril - Mav April - Mav April. Mav Mav
Control Green l' year plants can be Hand pull in Possible Hand pull in Possible Spring
sprayed with herbicide during April-May Spring April-May burn;
dormant season. burn; Hand pull
Hand pull
It is recommended that dead trees and snags within the forest be retained whenever
possible where they do not pose safety threats to people or buildings. As mentioned in
the section above, they provide a variety of wildlife habitat.
Wetlands
Control of Invasive Species
Reed canary grass control involves mowing, burning, and/or herbicides. Well-
established stands are difficult to control due to the persistent seed bank in the soil. In
some cases, removal of the top layer of existing soil will remove the unwanted seed
bank. However, permits will be required for this control option. Re-seeding with a
sedge meadow mix may be necessary if native seed bank is lost.
Purple loosestrife can be controlled with herbicides when infestations are small. Larger
stands of purple loosestrife are best controlled with the introduction of Gallerucella spp.
5
Chamberlain Hill Open Space Manaqement Plan
beetles. These tiny insects, that keep this plant in check in Europe and Asia, have been
imported to control this plant in the United States. Because they feed exclusively on
loosestrife plants, Gallerucella have not posed a threat to any native plants or cultivated
crops.
.
Any herbicide applied on or near surface water requires a (no fee) permit from the
Wisconsin DNR. Glyphosates specifically formulated for use near water (e.g. Rodeo)
must be used. Check with the regional DNR Aquatic Plant Coordinator before starting
an herbicide treatment.
Timetable for Invasive Species Mana!lement Species Management str?~~~y'; ~~~:~::f~~e:j,';i;s'~:\/&;S~0:,,~ ;i'~q4;,ii.;\?::; :;~~Ô~;~ ',:~ ~:. ,.AII Even All Odd Years
,(}c'.';;,,;, Years
Purple Inspection/Monitoring Check presence by iooking for June.July June-July June-July June-July
Loosestrile flowerinQ in June-Julv
Control Cut, herbicide treat and bag Cut & Consider Cut& Consider
flowers if plant is found, June herbicide, Gallerucella spp, herbicide Gallerucella spp,
June beetles if any found beetles il
extensive in June extensive
infestation infestation
Preservation
Care should be taken to avoid and minimize direct, or indirect, impacts to wetlands.
Management and maintenance activities within wetlands are highly regulated at the
federal, state, and local levels. Regulated activities include clearing, dredging, and
filling in or around wetlands. Effective sediment and erosion control practices will be
required during any activities that could cause sediment-laden runoff to flow into the
wetlands.
.
Restoration projects within wetlands must be conducted in accordance with Wisconsin
Department of Natural Resources (WDNR) guidance, and permits may be required. A
good source of information may be found in the Wetland Restoration Handbook for
Wisconsin Landowners (Alice Thompson and Charles Luthin, WDNR, 2000).
Enhancement
There are some easy techniques to enhance and protect wetlands that do not involve
fill, excavation, or soil disturbance thus generally do not require permits:
. Selective strategic plantings would attract wildlife and help to improve
water quality. Edges of the wetland area could be excellent growing
locations for tree species such as the Swamp White Oak, Bur Oak,
Shagbark Hickory, and Black Walnut.
.
6
Chamberlain Hill Open Space Manaaement Plan
.
. Reducing the lawn effect around the wetlands, by planting wet meadow
forbs (flowering plants), grasses, and bushes such as"silky dogwood,
would encourage some wildlife to nest and forage at these wetlands.
. Tree swallow nest boxes and wood duck boxes could be added.
Storm Water Ponds and Drainage Swales
Development of wet storm water detention basins is required within land developments
by Chapter 34 of the Muskego Municipal Code. These "storm water ponds" serve to
capture sediments and nutrients before water is released to existing surface waters, thereby maintaining water quality of area lakes and streams. They also provide flood
control by slowing the release of water to existing surface waters. Storm water ponds
and associated drainage swales can be managed to optimize their efficiency and
aesthetics.
Pond Design and Enhancement
.
Open lawn landscapes along ponds can attract nuisance flocks of Canada geese, so
the planting and maintenance of turf grasses in these areas is discouraged. Geese prefer to graze on lawn grasses within easy reach of water in the typical "golf course
pond" design. While a few nesting pairs may be welcome, large flocks of geese leave
messy droppings causing human health hazards and diminished water quality of ponds
and their associated wetlands. Another concem with lawns around storm water ponds
is the potential use of fertilizers. Fertilizers entering the water will encourage nuisance plants and algae blooms, thus reducing the pond's function of reducing nutrient
pollutants. Establishment of natural vegetation around ponds and swales is
encouraged. Wet meadow vegetation and prairie plants that grow taller around these
storm water facilities will minimize the goose problem and ensure better water quality.
A wet meadow/sedge mix should be planted in the shallow perimeter of storm water ponds and drainage swales. Further up in grade, in soils less frequently subject to
inundation, a mesic (medium-moisture) prairie mix is recommended (Establishment of
prairie vegetation is discussed in the following section). Collectively, these plants will
serve as a filter to reduce the influx of sediments, nutrients, and other pollutants, and
slow the erosive force of water during storm events. Aesthetics is an added benefit, as the ponds and swales will appear natural and provide a greater diversity of plant and
animal life to observe. Once established, the vegetation will require little maintenance. Specific requirements for seeding around storm water ponds and swales shall be
detailed in the approved landscape plan on file at the City of Muskego Planning
Department.
~
Many aquatic plants and animals will likely colonize the pond naturally over time.
However, many can be intentionally introduced. It is recommended that only
indigenous, non-invasive, plants be used. Most storm water ponds will not support a
fishery because their shallow depths makes them vulnerable to winter fish kills from
7
Chamberlain Hill Open Space Manaaement Plan
oxygen depletion. If the pond is deep enough to support a fishery, it is strongly
recommended that a fisheries biologist be consulted prior to any fish stocking efforts. A healthy fish assemblage, without species such as carp, is critical to the maintenance of
water quality in the pond.
.
PRAIRIE (WilDFLOWER) PlANTINGS
Establishment
Certain outlot areas within Chamberlain Hill, including storm water management ponds
and the degraded wetland area, are ideal sites for the establishment of prairie plantings. Initial preparation of the planting site requires a bit of work, but once established, prairies are rather low maintenance. These sites will likely have a surface of recently graded topsoil. Unfortunately, the soil likely contains seeds of weeds and "cool season"
grasses. Prairie plants are "warm season" plants that don't generally begin growing
until soil temperatures warm to greater than 500 F.
If acceptable erosion controls are in place, the existing seed bank of cool season grasses and weeds in the soil should be allowed to sprout in the spring. Erosion prone areas should be seeded with a temporary cover of annual rye grass. The site should be
sprayed with a glyphosate herbicide in spring after weedy plants begin to grow but
before they flower and go to seed. Another herbicide treatment should be conducted in
June, just prior to planting the prairie. "Old field" sites that include many weedy species, may need to be treated for an entire growing season prior to prairie planting. .
When adequate weed control is accomplished, the site may then be planted. Seeding in late spring or early summer typically produces good results. Planting later than mid- July is discouraged because there may not be enough time left in the season for prairie plants to adequately establish before winter. However, prairies may be seeded in late fall after soil temperatures cool - typically in November. These seeds remain dormant over the winter and sprout the following spring. This fall "dormant seeding" is a good option for weedy sites that require additional herbicide applications throughout the
summer.
Prairie seed mixes are available from several nurseries in the area. Specific wildflower and prairie grass mixes are formulated to match soil textures and moisture content. A
mesic, or medium-moisture prairie mix is suggested for most of the prairie planting area. Mixes containing sedges, bulrushes, and other plants tolerant of wet soils should be used in areas subject to water inundation. Seed mix specifications can be found below. The standard seeding density is 10 pounds of mix per acre. A nurse crop of such as annual rye grass (do not use perennial rye) should be planted with prairie seeds to provide temporary competition for weeds, as well as to stabilize the area against erosion while prairie plants become established. Annual rye should be planted with
prairie seed at a rate of 5 Ibs./acre for spring planting and 15 Ibs./acre for fall dormant seeding. Oats can be used at a rate of 20 - 50 Ibs./acre. Note: Use non-agricultural
.
8
.
.
.~
Chamberlain Hill Open Space Manaqement Plan
grain as nurse crops - studies show that agricultural grain rye produces chemicals that
inhibit germination of other plants.
Planting sites should be shallowly tilled prior to seeding or planted with a "no till"
technique. No till planting is favored because in doesn't bring up weed seeds that exist
deeper within the soil, some of which can remain viable for decades. No till planting will
minimize the re-establishment of these weeds. Smaller sites can be broadcast seeded
by hand over shallowly tilled soil. Mixing the seed with an inert carrier such as
vermiculite or sawdust will help to more evenly spread the prairie seed. After
broadcasting, the soil it should be lightly raked so that seeds are buried no deeper than
1,4 to Y2 inch. The site should then be rolled so that there is firm seed-to-soil contact. A
light covering of weed-free straw mulch will help retain soil moisture and increase
germination.
Inevitably, some weeds will begin growing on even well prepared sites. Weeds tend to
grow faster than prairie plants, so mowing at successively greater heights through the
first year will reduce the weed's competitive advantage. Mowing will also keep most
weeds from producing seed. A mowing is also recommended in the spring of the
second year, but after that, little maintenance is required.
Periodic burning in mid-spring will rejuvenate prairie plantings after establishment. This
should be done on a two to five year cycle. Burning removes the duff (dead plant
material) and sets back cool season grasses and weeds. Although not as effective as
burning, mowing is an acceptable substitute where burning may be a hazard. If this
method is used, cut plant material should be raked from the site to allow sun penetration
to the soil surface.
In the initial years, prairie plants invest more into root growth and aren't very showy
above ground. Many wildflowers do not blossom until their third year of growth and it
may take five years before these plants really begin to fill in the site. Patience is
rewarded after establishment by an attractive diversity of plants that both humans and
wildlife will enjoy. A greater diversity of songbirds and many rare and colorful butterflies
will utilize the colorful array of wildflowers found in the prairie.
9
Chamberlain Hill Open Space Manàqement Plan
Timetable for Prairie and Sedae Meadow Veaetation Establishment and Management
"" ,'EarJY:May:" ',Lat",Júne', ': Late Juné", . ,:Súníme("-'f,all';í. ~~;1~j~~~;J~f} ì::~~V?ât
.. """2()03'; ',".;::~~Ó:~(i i ~E~iIy,)UIY;', :;;::g\i~~~gN~}f ",
" . ,',':,'"
," ,', ': 1" ,;2003"" - ,,:"therëafter
Site Preparation Herbicide 2nd
weeds & Herbicide
cool season application
orasses
Establishment No-tili seed
or seed into
lightly tilled
soil
Maintenance Mow planting to Mow planting Spring
height of 4-6 to height of 4- Prescribed
inches 6" in sDrinD Burn
.
Specifications for Mesic Prairie Seed Mix
Wildflowers
15 or more of the following:
Bergamot
Black Eyed Susan
Blue False Indigo
Butterflyweed
Canada Milk Vetch
Canada Tick Trefoil
Compassplant
Culver's Root
Cupplant
Great Solomon's Seal
Heartleaf Golden Alexanders
Lanceleaf Coreopsis
Lavender Hyssop
Meadow Blazingstar
Meadow Rose
New England Aster
New Jersey Tea
Nodding Pink Onion
Ox Eye Sunflower
Grasses
2 or more of the following:
Big Bluestem
Canada Wild Rye
Sideoats Grama
Switchgrass
Pale Purple Coneflower
Partridge Pea
'
Prairie Blazingstar
Prairie Dock
Purple Coneflower
Purple Prairie Clover'
Rattlesnake Master
Rosinweed
Roundhead Bushclover
Sky Blue Aster
Smooth Aster
Smooth Penstemon
Stiff Goldenrod
Sweet Black Eyed Susan
White False Indigo
Wild Quinine
Wild Senna
Yellow Coneflower
.
Indiangrass
Little Bluestem
Prairie Dropseed
.
10
.
.
.
Chamberlain Hill Open Space Manaqement Plan
Wet Meadow/Sedge Seed Mix Specifications for Storm water Pond and'Swale Area *
Wildflowers
15 or more of the following:
Angelica
Bergamot
Black Eyed Susan
Blue Flag Iris
Blue Vervian
Boneset
Brown Eyed Susan
Culver's Root
Dense Blazingstar
Golden Alexanders
Great Blue Lobelia
Green Headed Coneflower
Ironweed
Grasses & SedQes
4 or more of the following:
Big Bluestem
Canada Wild Rye
Dark Green Bulrush
Fowl Manna Grass
*Note:
Joe Pye Weed
New England Aster
Ohio Goldenrod
Ox Eye Sunflower
Pale Indian Plantain
Prairie Blazingstar
Prairie Dock
Red Milkweed
Riddell's Goldenrod
Sawtooth Sunflower
Sweet Black Eyed Susan
Tall Coreopsis
Wild Iris
Fox Sedge
Porcupine Sedge
Virginia Wild Rye
If one seed mix is used, a Mesic Prairie Mix could be used with addition of
any 2 of the following:
Dark Green Bulrush
Fowl Manna Grass
Fox Sedge
Porcupine Sedge
11
Chamberlain Hill Open Space Manaqement Plan
SECTION III: INITIAL DUTIES AND RESPONSIBILITIES OF THE DEVELOPER .
The developer shall at his expense:
1. Plant mesic prairie and/or wet meadow/sedge vegetation around the
perimeter of the storm water pond and restore wetland vegetation as specified in the approved Landscape Plan on file at the City of Muskego
Planning Department (Drafted by: Approval date:
).
2. Maintain erosion control measures specified in the approved erosion control
plan (Drafted by:
, Approval date: " on file at City of Muskego Building/Engineering Department). Erosion control shall be
in compliance with the Wisconsin Construction Site Handbook of best
management practices and City of Muskego Muniç:ipal Code Chapter 29, and
remain in place until adequate vegetative cover is established.
3. Maintain storm water ponds as directed by the approved Storm Water
Management Plan (Drafted by:
, Approval date: ), on
file at City of Muskego Building/Engineering Department).
Duties and ResDonsibilities of the Develoner
Cover type, ,MaÝ,2003.. ,~gPÄ.;\j;~~ ;~~).Yi2_0p'4;î "~~~~~\';i;,J;:\ ?~~~*1!:l;0;1;t"::; '.lí"\~:spring -~QO~. '
.
.. I;:~f,~}g!:~!X ""~ð!íJÌ]]QK: ",,':':;' """',..:' .
. ,', "., ;,'204'-"-,'::""- ;; ',' -' , Wellands Herbicide Herbicide Compiete Mow to 4-6" Dormant seed if not Mow site unless homeowners with weeds/ Planting done in early control Association Rodeo or Plant summer
similar Seed
Prairie/Sedge Herbicide Herbicide Complete Mow to 4-6" Dormant seed if not Mow site unless homeowners Meadow weeds weeds/ Planting done in early control Association Plantings Plant summer
seed
.
.
12
.
.
.
Chamberlain Hill Open Space Manaqement Plan
SECTION IV: DUTIES AND RESPONSIBILITIES OF THE HOMEOWNERS
1. The Homeowners Association shall initiate a program to eradicate invasive plants
from the forest. The Homeowners Association shall perform invasive plant
control activities yearly sufficient to remove and treat invasive plants. The
Homeowners Association shall be allowed to hire a contractor to fulfill this
responsibility. The Homeowners Association shall advise the City of Muskego
Conservation Coordinator 48 hours prior to conducting an invasive plant
management activity.
2. The Homeowners Association shall conduct prescribed burns on prairie/sedge
meadow plantings every 3 to 5 years. All prescribed burns shall be conducted
pursuant to Municipal Code Section 9.14 and only upon 72 hours notice to the
Muskego Police Department and Fire Department. Muskego Municipal Code
9.14(3)(a)(4) states: "Sufficient fire fighting implements and personnel shall be
available at the scene while burning is in progress to control the fire." Mowing
may be substituted where burning may be hazardous to life or property. Cut
plant material shall be raked from the site.
Duties and Responsibilities of the Homeowners
Spring- . c.'; ,sùm,mer::..I,rål!"f!I~(ét~/ ~~~f~~~5~ ;ßQmjjiéf.i;'.t'j :6F,~II'Wlf\tér,.: ..Y~arlÿ;if:;:' . 2006 and.
Sile 2,q04."
'~,. .~J~~~:~~ i, ~~~~t*'::~04!0 :+2óo~~:zd,' )')~ "2005",.;. ;iieaÇ!ed.. -, Eve[Ý 3"
5;~f\:JØ1i?j~ ~~;;Ç;f:~ ,,'.
" '"
,-:,.:-'. '.
year -
tMereafter
Hardwood Initiate Herbicide Puli Garlic Herbicide Fali-Wlnter
Forest Program for Honeysuckle Mustard Honeysuckle Herbicide
Invasive &Buckthorn &Buckthorn Honeysuckle
species and 1 "-year &Buckthorn
management. GarHc Remove
Mustard garHc
mustard
Wetlands Inspect for Mow Planting InspectlTreat InspectlTreat
Purple (early-May) if Purple Purple
Loosestrife homeowners Loosestrife Loosestrife
control
Association
Prairie Mow (early Prescribed
Plantings May) if Burn Late
homeowners April
control
Association
13
Chamberlain Hill Open Space ManaQement Plan
SECTION V: DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO
The City shall:
1. Inspect wetland areas annually to ensure that no illegal filling, dredging, or other
modifications have occurred.
2. Inspect the progress of mesic prairie and/or wet meadow/sedge vegetation
establishment near storm water management facilities and within wetland.
3. Assist Homeowners Association in educating members of invasive species
control.
14
.
.
.
.
.
.~
2-'8-03; 3. 4' PM;CCAP/ACCESS/CH I
FEB-13-2003 15:34
-- ---- -- .. v.w """"..."."", ..on=:!
; 262506516 # 2/ 3
P.ø2/03
414 4..-( 1:"1'53 P.fiJ1
DRAFT
IRREVOCABLE STANDBY lmeR OF CREDIT
NO. XXXXXXX
DATE:February is, 2003 AMOUNT: $1,175,298.00
One MUOon One Hundred Seventy Five
Thousand Two Hundred Ninety Eight
and 00/100 U.S. Dollars Only
. BENEFICIARY:
City of Muskego
W182 $8200 Racine Avenue
P.O. Box 749
MU6ke9Q.VVI5315~749
APPUCANT:
Key Brldøé Group. Ine.
259 W. Broadway, Suite 100
Waukesha,W/5318S
EXPIRATION DATE: at our counters.
Dear Sirs:
We hereby issue !his Irrevocable Standby Letter of Credit in your favor (the
Beneficiary's) which is available .by beneficiary's draft(s) at sight drawn on Marine Bank,
Franklin. WIsconsin. Each draft accompanying documents must state "Drawn under Standby Letter of Credit No. XXXXXXX".
This Standby Letter of Crei'lit Is to provide a 9uaranty, up to the amount of thIs Standby
Letter of Credit, to the City of Muskego for the perfofl11ance of Key Bridge Group, Inc. obligations under that certain agreement dated . 2003 betWeen the City of Muskego and Key Bñdge Group. Inc.
Drafts are to be accompanied by:
A S1atement. signed by the Mayor of the City of MUskego statìll9 that: . Key Bñdge
Group, Inc. has failed to complete the construction of subdivision Improvements in
aCCOrdance with said Agreement or otherwise comply with the obligatIons of the
Agreement This staternQnt shall set forth the estimated amount necessary for the City of Muskego to complete such improvements or Otherwise eomply with the obllg~ions of the Agreement" . . - .'
SPECIAl CONDITIONS;
This Standby Letter of Credit will terminate on the
- day of --' 2004 provided,
. however, Mañne Bank sh~1I give written notice to the beneficiary of Its intention to tenninate this Standby leiter of Credit ninety (90) days prior to 2004. After
414 427 2753
# 3/ 3
P.03/03
P.02
2-18-03; 3;4,PM;CCAP/ACCËSS/CHI
FEB-13-2003 is: 34
,c..-....u.<o.J ~'>"If '-1);1 rH<!NJ:oIjf.i'It,; ~s
; 262506516
said date. this Letter of Credit can only terminate upon ninety (90) days written
PAGE lWO. AN INTEGRAL PART OF STANDBY LETTER OF CREDIT NO.
XXXXXXX DATED FEBRUARY 10, 2003.
.
notice to the City of Muskego.
It is herebyaaread by all parties hereto that the reference to "Agreement" is fur
identification purposes only and such reference shall not be construed In any manner to
require Mañne Bank to inquire into Its tenns and obligations,
We hereby agree with you that all draftS drawn under and in compliance with the terms
of thIs letter of Credit will be duly honorêd by us if documents are presented to Mtlrine
Bank in care of CIS Marine Bancshares. Inc., Letter of Credit Dept., at 10068 West
.
Loomis Road, Franklin, WI 53132 on or before the expiration date. This orlginsl
Standby Letter of CredIt. and any amendments which may be issued from time to time.
must be submitted to us together with any drawings hereunder for our endol'iement of
any payment effecfed by us andlorfor caoC$llatIon.
Except as othèrwlse expressly 5Iated. this credit is subject to the ,"Unifonn Customs and
Practice for Documentary Credits (1993 Revision) International Chamber of Commerce
Publication No. 500" or the sucçessor vel$ion in effect at the time of any draw.
Very truly yours,
Marine Bank
DRAFT .
AuthoriZed Signature
/slk
.
TOTI'IL P.02
TOTAL P.03
PUBLIC IMPROVEMENT COST BREAKDOWN
CHAMBERLAIN HILL
#1 ROAD CONSTRUCTION
a. Excavation to subgrade
.-. b. Stone base material
c. Bituminous base course pavement
d. Bituminous sUiface course pavement
e. Concrete pavement
f. Other (Adjust Castings)
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl pavement
e. Tree & shrub plantings
f. Landscaping as specified by City (Prairie Grass)
g. Erosion control
h. Engineering Inspections
i. Other
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area
b. Terrace areas - in ROW
c. Drainage ditches
d. Retention ponds
. e. Areas as specified by City
f. Engineering Inspections
g. Other
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Sidewalk,
c. Blvd.ltraffic islands
d. Ditch inverts
e. Engineering Inspections
f. Other
,~
Beg. Bal ADJ. BAL.
$2,316.00 $2,316.00
$41,1I8.00 $41,118.00
$59,047.00 $59,047.00
$25,558.00 $25,558.00
$0.00 $0.00
$9,675.00 $9,675.00
$4,200.00 $4,200.00
$141,914.00 $0.00 $141,914.00
$180,037.00 $]80,037.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$30,000.00 $30,000.00
$8,000.00 $8,000.00
$22,583.00 $22,583.00
$2,500.00 $2,500.00
$0.00 $0.00
$243,120.00 $0.00 $243,120.00
$0.00 $0.00
$75,063.00 $75,063.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$1,500.00 $1,500.00
$0.00 $0.00
$76,563.00 $0.00 $76,563.00
$36,928.00 $36,928.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$3, I 00.00 $3,] 00.00
$0.00 $0.00
$40,028.00 $0.00 $40,028.00
Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
CHAMBERLAIN HILL
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $195,330.00 $195,330.00 8' b. Laterals $34,884.00 $34,884.00
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
r. Engineering Inspections $7,000.00 $7,000.00
g. Other $0.00 $0.00
$237,2 I 4.00 $0.00 $237,214.00
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $146,960.00 $146,960.00
b. Hydrants & leads $25,000.00 $25,000.00
c. Water services $33,603.00 $33,603.00
d. Well & pumphouse $0.00 $0.00
e. Engineering InspectIOns $8,000.00 $8,000.00
f. Other $0.00 $0.00
$213,563.00 $0.00 $213,563.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $121,446.00 $12 I ,446.00
b. Catch basins & leads $17,100.00 $17,100.00
c. Culverts $0.00 $0.00
d. Drain tile $0.00 $0.00
e. HeadwaIls/discharge structures $5,950.00 $5,950.00
r. Engineering Inspections $5,200.00 $5,200.00 . g. Other $0.00 $0.00
$149,696.00 $0.00 $149,696.00
#8 SPECIAUMISC IMPROVEMENTS
a. Street lights $5,000.00 $5,000.00
b. Street signs $850.00 $850.00
c. Signs as specified by City $0.00 $0.00
d. Erosion ControllV egetation Retainage $30,000.00 $30,000.00
e. Other - Ag Use Penalty $8,350.00 $8,350.00
$44,200.00 $0.00 $44,200.00
#9 FEES
a. City administration $ I ,500.00 $1,500.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. Engineering-as built drawings for wls $26,500.00 $26,500.00
d. Legal $1,000.00 $1,000.00
e. Land acquisition $0.00 $0.00
f. Other $0.00 $0.00
$29,000.Ob $0.00 $29,000.00
TOTAL PROJECT ESTIMATE $1,175,298.00 $0.00 $1,175,298.00
LETTER OF CREDIT AMOUNT
Engmeering**Total engineering Costs included $58,000.00 . II; total Project Estimate**
Page 2 of 2