CCR2003045COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #045-2003
,
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
The Settlement on Woods Road Subdivision
WHEREAS, A Final Plat was submitted on January 9, 2003 for The Settlement on Woods Road
Subdivision located in the NE 1/4 and NW 1/4 of Section 20 to create 59 residential parcels and
eight outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 008-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for The
Settlement on Woods Road Subdivision and the Finance Committee has recommended
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon the recommendation of the Plan Commission, does hereby approve the Final Plat for The
Settlement on Woods Road 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. 008-2002. .
.~
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for The
Settlement on Woods Road Subdivision, as attached, are hereby approved subject to approval
of the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30)
days of the date of approval of this Resolution or the same will be null and void.
BE IT FURTHER RESOLVED That this approval is subject to the passage and publication of
Ordinance #1131.
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 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 #045-2003 which was
adopted by the Common Council of the City of Muskego.
~K. W{~ CI -Treasurer.
2I03jmb
THE SETTLEMENT ON WOODS ROAD LLC - CITY OF MUSKEGO
THE SETTLEMENT SUBDIVIDER'S AGREEMENT
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This Agreement, made this
-
day of , 2003 by and between The Settlement on Woods Road
LLC (the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for The Settiement
Subdivision (the "Subdivision"), a part of the lands described as:
Being a part of the NE 'A of the NW 'A and NW 'A of the NE 'A of Section 20, T5N R20E, City of
Muskego, Waukesha County, Wisconsin, more particularly described as foliows: Commencing
at the northwest corner of said northeast quarter; thence S 88018'06" W along the north line of
said northwest quarter 22.65 feet to the west line and its extension of an existing certified
survey map with no number, recorded as document no. 683488 in V. 3 pages 302-303; thence
S 01024'53" E 20.089 feet to a point on the north right-of-way line of Woods Road and the place
of beginning of this description. Thence continuing S 01024'53" E along the west line of said
CSM 515.298 feet to the south line of said CSM; thence N 88035'07" E along the south line of
said CSM 480.00 feet to the west line of said CSM; thence N 01024' 53" W along the east line
of said CSM 544.50 feet to the north line of said northeast quarter; thence N 88035'07" E along
the north line of said northeast quarter 894.144 feet; thence S 01021 '19" E 1,344.888 feet;
thence S 88021 '08" W 2,015.132 feet; thence N 01040'29" W 1,377.188 feet; thence N
88018'06" E 476.899 feet to the south right-of-way line of Woods Road; thence S 82003'50" E
along the said south right-of-way line 173.88 feet to the place of beginning. Containing
2,435,647 square feet, or 55.9148 acres of land. .
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 The Settlement Subdivision contingent in part upon the execution and
performance of this Agreement by the Subdivider.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows:
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Subdividers Agreement
SECTION I : PLATTING
81. This Subdivider's Agreement addresses the development of 59 parcels platted for single family
residential use, and 8 Outlots platted for open space, storm water retention purposes, and future
subdivision phases, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and
under the auspices of RS-2 / OPD Suburban Residence District with Planned Development Overlay
District zoning.
a) Single family parcels shall conform to the zoning requirements of RS-2 / OPD Suburban
Residence district, being a minimum of 18,000 square feet in area, 99 feet In average lot width,
having street yard setbacks of 35 feet, side yard offsets of 10 feet and 15 feet, and rear yard
offsets of 30 feet.
b) Outlots 1, 3, 4, and 5 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.
c) Outlot 2 shall be dedicated to the City in lieu of twenty-nine (29) of the Subdivision's fifty-eight
(58) Park Fees.
d) Outlots 6 shall be retained by the Subdivider.
e) Outlots 7 and 8 shall be reserved for common open space 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 Comrnon Council, the Subdivider shall execute this Agreernent, 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 The Settlernent 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 1/ : PHASING
1. Subdivider and City agree that final platting and the installation of pUblic and private improvements
. described in Section 11/ shall occur in one phase.
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Subdividers Agreement
SECTION 1/1: IMPROVEMENTS
8 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 November 26, 2002 including off site improvements necessary to
provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street
improvements, as approved by the Director of Engineering and Building and Public Works
Committee as indicated in the plans and specifications on file with the Engineering and Building
Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. Cause to be installed Street Lighting at intersections pursuant to the specifications approved by the
Public Works Committee and on file with the Engineering and Building Department.
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 November 26, 2002 for storm and surface water drainage
throughout the entire Subdivision, and a Master Grading Plan providing for sump pump discharge to
a tile or storm sewer system, all in accordance with the plans and specifications on file in the Building
and Engineering Department. The City retains the right to require the Subdivider to install at its cost
additional storm drainage and erosion control measures prior to acceptance of improvements by the
City of Muskego.
2. Grade and improve all lots in conformance with the Master Grading Plan as approved by the Director
of Engineering and Building and Public Works Committee on November 26, 2002all 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 Maintenance Agreement in the form attached hereto, which document shall be
incorporated herein and made part hereof, as approved by the Director of Engineering and Building
and Public Works Committee on November 26, 2002 relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of lots in the Subdivision. Keep and
maintain all storm sewers, retention or detention ponds, and surface water drainage features which
are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement.
C. SANITARY SEWER:
81. 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 December 16, 2002 all in accordance with the plans, specifications and drawings on
file in the City Building and Engineering Department.
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Subdividers Agreement
. 2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary
sewer systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, and supply video tape to City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
D. 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 December 16, 2002 and in accordance with the plans and
specifications on file in the City Building and Engineering Department.
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
...
installing the Subdivision improvements. Replace trees 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.
4. Install piantings without cost to City within Outlots 1, 5, 7, and 8 adjacent to Woods Road in
accordance with plans to be approved by the Plan Commission 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 November 26, 2002 in accordance with the plans and specifications dated 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 November 26, 2002 in accordance with the plans and specifications on file in the City Building
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Tho Sgttlomont on Woods Road
Subdividers Agreement
and Engineering Department. No construction or grading can begin until said permit is issued by the
City, and no grading shall occur without a two (2) day notice to the City. .
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
4. Ensure that each individual lot owner obtains a separate erosion control permit at any time that any
vegetation is disturbed, and insure that each individual lot owner is responsible for controlling erosion
on their subject lot.
5. Maintain Thirty-Five Thousand Dollars ($35,000.00) in the Letter of Credit, to be retained until
adequate vegetation is established as determined by the Director of Engineering and Building. A
reduction of fifty percent (50%) of the Thirty-Five Thousand Dollar ($35,000.00) portion of the Letter
of Credit is allowable upon verification that fifty percent (50%) of disturbed areas are vegetated. If,
upon a written notification by the Director of Engineering and Building or Building Inspection
Department of non-compliance of Chapter 29, the terms are not corrected within five (5) days, the
City may utilize the Thirty-Five Thousand Dollar ($35,000.00) portion of the Letter of Credit to correct
the terms of non-conformance.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section 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
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City's Geographic Information System, and City may utilize Subdivider's Developers
Deposit account for all charges related hereto.
Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section 18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in
said conversions and City may utilize Subdivider's Developers Deposit account for all charges related
. hereto.
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Subdividers Agreement
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 City
Engineers and other agencies as applicable.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the
dedication of any improvements which do not fully comply with City standards and specifications. Claims
of financial hardship by the Subdivider shall not be considered a reason for the City to accept
substandard materials or work.
At such time as all improvements are completed and acceptable as called for under this Agreement, and
all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha County Register of Deeds.
...
The City shall have the right to connect to or integrate other utility facilities with the improvements
"""'" provided herein without payment, award, or consent required of the Subdivider.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which
shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the improvements covered by Section ill, including without limitation by reason of enumerption, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative
and fiscal work undertaken to assure and implement such compliance. Failure to payor reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied.
SECTION VIII : MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Director of Engineering and Buildings prior to the Final Plat being signed, provided such easements are along
lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the
. applicable side yard and offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner.
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The Settlement on Woods Road
Subdividers Agreement
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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
fuliy as if set forth at length herein. This Agreement and all work and improvements required
hereunder shali 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 pubiic 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 harmiess, 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
them may be made liable, regardless of whether or not it is caused in part by a party
indemnified herein. A claim for indemnification under this section shall be conditioned upon
the City giving to the Subdivider, within five (5) business days of receiving the same, written
notice of any such clairn made against the City for which indemnification is sought, and if
requested to do so by Subdivider's insurance carrier, the City shall tender the defense of
such claims to the Subdivider's insurance carrier. In any and all claims against the City, its
officers, agents, independent contractors, and ernployees 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
obiigation 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.
.
.
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Subdividers Agreement
c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend,
and hold City and its officers, agents, independent contractors, and empioyees 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 on the attached Exhibits.
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.
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Subdividers Agreement
. 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.
6. Landscape Plans as required by Section III E (4) 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 25, 2003 in the amount of $2,087.275.00 as a
guarantee that the required plans, improvements, and improvements will be completed by the
Subdivider and his subcontractors no later than one (1) year from signing of the Agreement, except if
another date is provided within this Agreement and as a further guarantee that all obligations to the
subcontractors for work on the Subdivision are satisfied.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter
of Credit, but attributable to the subject development shall be provided to the City.
b) Reduction Of Letter Of Credit Balance: The Subdivider shail 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 $10,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation
. of the Finance Committee.
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The Settlement on Woods Road
Subdividers Agreement
3. PRESERVATION OF ASSESSMENT RIGHTS:
. a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shail 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 instailation by the City of ail improvements required by
this Agreement and constitutes the Subdivider's waiver of notice and consent to ail 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 shail 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 shail 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 ail other improvements shail 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 ail notices and correspondence shail 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 ail parties as foilows:
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:
The Settlement on Woods Road LLC
c/o The O'Connor Company
Mr. Sean O'Connor
2140 Dean Road
River Hiils, WI 53217
(414) 351-2252
All 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. THE SETTLEMENT ON WOODS ROAD LLC
By:
Sean O'Connor, Member
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me this
-
day of , 2003, Sean O'Connor, 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
The Settlement Subdividers Agreement
DRAFT 2/19/2003
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
W AUKESHA COUNTY)
PERSONALLY came before me this
-
day of , 2003, the above named Mark A. Slocomb,
Mayor, and Jean K, Marenda, City Clerk-Treasurer of the City of Muskego, to me known to be the
persons executed the foregoing instrument, and to me known to be such Mayor and City Cierk-
Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument
as such officers as the deed of said municipal corporation bK its authority and pursuant to the
authorization by the Common Council from their meeting on the 25t 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 The
Settiement Subdivision, Muskego, Wisconsin, as entered into on the
-
day of -, 2003, by and
between The Settlement on Woods Road LLC 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 .
THE SETTLEMENT SUBDIVISION
RETENTION POND MAINTENANCE AGREEMENT
. This Agreement is made and entered into this
-
day of , 2003, by and
between The Settlement on Woods Road, LLC (hereinafter referred to as "Subdivider"),
the incorporated The Settlement on Woods Road Home 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 The
Settlement Subdivision (the "Subdivision"), being a part of the lands described as:
Being a part of the NE 1;4 of the NW 1;4 and NW 1;4 of the NE 1;4 of Section 20,
T5N R20E, City of Muskego, Waukesha County, Wisconsin, more particularly
described as follows: Commencing at the northwest corner of said northeast
quarter; thence S 88018'06" W along the north line of said northwest quarter
22.65 feet to the west line and its extension of an existing certified survey map
with no number, recorded as document no. 683488 in V. 3 pages 302-303;
thence S 01024'53" E 20.089 feet to a point on the north right-of-way line of
Woods Road and the place of beginning of this description. Thence
continuing S 01024'53" E along the west line of said CSM 515.298 feet to the
south line of said CSM; thence N 88035'07" E along the south line of said CSM
480.00 feet to the west line of said CSM; thence N 01024' 53" W along the east
line of said CSM 544.50 feet to the north line of said northeast quarter; thence
N 88035'07" E along the north line of said northeast quarter 894.144 feet;
thence S 01021 '19" E 1,344.888 feet; thence S 88021 '08" W 2,015.132 feet;
thence N 01040'29" W 1,377.188 feet; thence N 88018'06" E 476.899 feet to
the south right-of-way line of Woods Road; thence S 82003'50" E along the said
south right-of-way line 173.88 feet to the place of beginning. Containing
2,435,647 square feet, or 55.9148 acres of land.
WHEREAS, The City has approved the plat of The Settlement Subdivision 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 The Settlement on Woods Road Subdivision; and
WHEREAS, The Settlement on Woods Road Subdivision is upstream from Big Muskego
Lake, and the City and DNR has expended great effort and expense to remove
sediment and rough fish from Big Muskego Lake; and
WHEREAS, The City and the DNR have established certain requirements for retention
ponds and storm water management to be constructed in The Settlement 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 The Settlement on Woods Road Home
Owners Association, Inc. a non-stock corporation consisting of the owners of Parcels 1-
59 inclusive, hereinafter referred to as the "Association", which shall become the owner
of certain outiots upon recording of the final plat and The Settlement Declarations of
.
The Settlement Subdivision
Retention Pond Maintenance Agreement
Page 2
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
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
November 26, 2002 on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm Water Management ordinance;
NOW THEREFORE, in consideration of the mutual covenants and agreements.
IT IS AGREED, as follows:
1. The Association, unless otherwise provided for in the Storm Water Management
Plan, shall be responsible for maintenance of the storm water management
measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved Storm Water Management Plan dates November 26,
2002 on file in the offices of the City of Muskego Building Department as required by
the City of Muskego Storm Water Management Ordinance.
.
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 1-59 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 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.
.
.
.
The Settlement Subdivision
Retention Pond Maintenance Agreement
Page 3
8. Any annuai costs in excess of the $1,000.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the Association.
Costs not paid shall be placed in equal amounts as a special assessment or special
charge on the tax bills for the residential lots. If the Owners Association has not
been released by Subdivider upon commencement of the sixth (6) year, the
Subdivider shall deposit a minimum of one thousand dollars ($1,000.00) per year for
each year said incorporation does not occur, plus any additional costs as deemed
necessary by the City.
9. This document is a part of The Settlement on Woods Road Subdivider's Agreement,
which terms are incorporated herein, shall be recorded with the Waukesha County
Register of Deeds and shall be a covenant running with the land and binding upon
all owners of said land.
IN WITNESS WHEREOF, Subdivider has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
A. THE SETTLEMENT ON WOODS ROAD, LLC
By:
Sean O'Connor, Member
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
-
day of_, 2003 Sean O'Connor to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
The Settlement Subdivision
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the incorporated The Settlement on Woods Road 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. THE SETTLEMENT ON WOODS ROAD HOME OWNERS ASSOCIATION, INC.
By:
Sean O'Connor, Director
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me this
-
day of 2003 Sean O'Connor, to
me known to be the persons who executed the foregoing instrument and acknowledged
the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
The Settlement Subdivision
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 Clerkffreasurer
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 Clerkffreasurer, 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 Clerkrfreasurer 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 251h day
of February, 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
The Settlement Subdivision
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 The Settlement on Woods Road Subdivision, Muskego,
Wisconsin, as entered into on this
-
day of , 2003 by and between The
Settlement on Woods Road LLC, the incorporated The Settlement on Woods Road
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 Clerkffreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
THE SETTLEMENT SUBDIVISION STORM WATER MANAGEMENT PLAN
The City of Muskego Storm Water Management Ordinance requires the filing of a
storm water management plan and grading plan. The grading plan including all
hydraulic calculations, together with storm sewer plans and appurtenant storm water
structures, has been filed by the Subdivider's engineer with the City of Muskego. Such
information was utilized by the City of Muskego to evaluate the environmental
characteristics of the area affected by the land development activity in The Settlement
Subdivision, 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
Settlement on Woods Road Home Owners Association, Inc. regarding the
management of storm water in The Settlement on Woods Road 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 ponds to be contained
in Outlots in The Settlement on Woods Road. The Subdivider shall as-built the
finish grade of the ponds and provide the as-built plans to the City and The
Settlement on Woods Road Home Owners Association, Inc. The Subdivider
shall also provide a bench mark at the ponds to be illustrated on the as-built
drawings.
4. The Subdivider upon completion of the above referenced improvements shall
convey by final plat and deed restrictions the improvements to The Settlement
on Woods Road Home Owners Association, Inc. 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 The
Settlement Subdivision commences outside of City owned rights-of-way. All
.
.
.
The Settlement Subdivision
Stormwater Management Plan
Page 2
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 ponds and
storm water management within The Settlement 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
ponds will freeze-out all fish resulting in a rough fish free ponds thereby minimizing the
risk of reintroduction of rough fish during flooding conditions into the adjacent Muskego
Drainage Canai #1, navigable stream which is tributary to Muskego Lake. The City
shall also administer an annual inspection of the storm water retention ponds to
monitor any build-up of sedimentation on the floor of the ponds.
Under Section 1, the Subdivider shall provide the City with an as-built drawing of the
ponds after construction together with a bench mark at each pond which data shall
become the basis for measurement of sediment build-up. The costs and expenses for
the City to provide these services shall be entered on the tax roll as a special charge or
special assessment on an equal basis against the residential properties located in The
Settlement Subdivision 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 ponds 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 discharge pipes. If sediment
build-up has occurred above the invert elevation of the discharge pipes it must
be removed prior to draw down. Draw down gate valves shall be closed within
one week of commencement of the draw down.
2. Sediment build-up in ponds 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 SETTLEMENT
ON WOODS ROAD HOME OWNERS ASSOCIATION, INC.
An incorporated association of the owners of all single family lots in The Settlement
Subdivision has been created for the purposes of managing and controlling Common
Areas including the outlots which contain the storm water retention ponds. This
owner's association is formally titled The Settlement on Woods Road Home Owners
Association, Inc. and it is referred to herein as the Association.
.
.
.
The Settlement Subdivision
Stormwater Management Pian
Page 3
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 ponds. When sediment build-
up reaches 15", the City shall notify the Association to remove the sediment.
The DNR has required that any pumping of sediment laden water by contractors
shall be filtered through a temporary sediment basin appropriately sized prior to
being discharged into the adjacent canal or wetlands.
3. The Association shall be responsible for water quality in the storm water
retention ponds including removal of weeds and algae control.
4. Upon notification to the Association, by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be
taken within a reasonable time frame as set by the City of Muskego.
5. The City of Muskego is authorized to perform the corrective actions identified in
the inspection report if the Association does not make the required corrections
in the specified time period. The costs and expenses shall be billed to the
Association, and if unpaid, shall be entered on the tax roll as a special
assessment or special charge on an equal basis against the residential Parcels
in The Settlement Subdivision, 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 MUSK.EGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
Approved by Public Works Committee November 26. 2002
PUBLIC IMPROVEMENT COST BREAKDOWN
THE SETTLEMENT
#5 SANITARY SEWER SYSTEM
. a. Mains,risers & Manholes
b. Laterals
c. Dumping station & Generator
d. Force main
e. Grinder pumps &chamber-indiv dwelling
f. Engineering Inspections
g. Other
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
c. Water services
d. Well & pump house
e. Engineering Inspections
f. Other
#7 STORM SEWER SYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Drain tile
e. Headwalls/discharge structures
f. Engineering Inspections
. g. Other
#8 SPECIAUMISC IMPROVEMENTS
a. Streetlights
b. Street signs
c. Signs as specified by City
d. Erosion ControlNegetation Retainage
e. Other
#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for w/s
d. Legal
e. Land acquisition
f. Other (Design Engineering)
TOTAL PROJECT ESTIMATE
LETTER OF CREDIT AMOUNT
. Engineering**Total engineering Costs included
in total Project Estimate**
Beg, Bal ADJ. BAL.
$299,770.00 $299,770.00
$67,270.00 $67,270.00
$106,800.00 $106,800.00
$104,850.00 $104,850.00
$0.00 $0.00
$20,000.00 $20,000.00
$0.00 $0.00
$598,690.00 $0.00 $598,690.00
$190,550.00 $190,550.00
$42,115.00 $42,115.00
$52,920.00 $52,920.00
$0.00 $0.00
$14,000.00 $14,000.00
$0.00 $0.00
$299,585.00 $0.00 $299,585.00
$166,985.00 $166,985.00
$70,400.00 $70,400.00
$0.00 $0.00
$37,000.00 $37,000.00
$0.00 $0.00
$12,500.00 $12,500.00
$0.00 $0.00
$286,885.00 $0.00 $286,885.00
$5,200.00 $5,200.00
$1,100.00 $1,100.00
$0.00 $0.00
$35,000.00 $35,000.00
$0.00 $0.00
$41,300.00 $0.00 $41,300.00
$2,500.00 $2,500.00
$0.00 $0.00
$23,000.00 $23,000.00
$1,000.00 $1,000.00
$0.00 $0.00
$95,000.00 $95,000.00
$121,500.00 $0.00 $121,500.00
$2,087,275.00 $0.00 $2,087,275.00
$86,200.00
Page 2 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
THE SETTLEMENT
#1 ROAD CONSTRUCTION
a. Excavation to subgrade
. b. Stone base material
c. Bituminous base Course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Other (Clearing&Grubbing)
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 a.s specified by City
f. Engineering Inspections
g. Other
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Sidewalk
c. Blvd./traffic islands
d. Ditch inverts
e. Engineering Inspections
f. Other
.
Beg. Bal ADJ. BAL.
$50,000.00 $50,000.00
$69,960.00 $69,960.00
$92,160.00 $92,160.00
$39,150.00 $39,150.00
$0.00 $0.00
$4,000.00 $4,000.00
$5,200.00 $5,200.00
$260,470.00 $0.00 $260,470.00
$100,000.00 $100,000.00
$50,000.00 $50,000.00
$100,000.00 $100,000.00
$0.00 $0.00
$33,950.00 $33,950.00
$8,000.00 $8,000.00
$5,500.00 $5,500.00
$4,500.00 $4,500.00
$0.00 $0.00
$301,950.00 $0.00 $301,950.00
$40,000.00 $40,000.00
$53,000.00 $53,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$2,500.00 $2,500.00
$0.00 $0.00
$95,500.00 $0.00 $95,500.00
$76,895.00 $76,895.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$4,500.00 $4,500.00
$0.00 $0.00
$81,395.00 $0.00 $81,395.00
Page 1 of 2
03/03/2003 15; 32 FAX 14142982719 M&I COIIIIRCL REAL ESTATE @002/002
A1~'I!J- d003
~.
**DRAFT FOR DISCUSSION ONLY**
Dll!~:e:: MaJ:'ch JO<:. 2003
:I1U!EVOCABJ:.E STANDBY LETTER OF CREDIT NO. SB XXXX lI.!4017.N'r: USD2.087,275.00
APPLICANT: The Settlement on Woods Road, LLC ("Applicant"), 2140 West Dean Road, River Hills, WI 53217
BEllEFI:CI:UY: City of Muskego
POBOX 7'19
1'1:1.82 58200 Rac:me Avepue
Muskego WI 53150-00749
Attn: Mayor of Muskego
.'
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor, which is available by Beneficiary's dJ:'aft (s) at sight drawn on the M&I Marshall & Ilsley Bank. Each draft accom);Janying documents must state: lIDJ:'awn UIlder 101&1 Marshall & Ilsley Bank Standby Letter of credit NO. 55 XXXX. "
This Standby Credit is to provide a guarantee to the city of MUskego fo!:' the performance of the Applicant's obligations under that certain Agreement betwe.m the city of Muskego and the Applicant dated == xx, JO<:JO<;.
. DRAFTS ARE TO BE ACCOMPAN1:e:D BY:
A statement signed by the Mayor of the City of Muskego stating that the Applicant has failed to complete the construction of subdivision improvements in accordance with said Agreement or otherwise comply with the obligations of the Agreement. Said statement shall set forth the estimated amount necessary for the City of Muskego to com);Jlete such improvements or otherwise comply with the obligat:ions of the Agreement.
SPECIAL CONDITIONS:
This Standby Credit will terminate on the JO<:th day of XXXXXXX, 200;><:, provided, the M&I Marshall & Ilsley Bank shall give written notice to the Be!'.eficiary of its iptention to terminate this standby credit at n:mety (90) days prior to the xx" day of XXXXXXX, 200x. After said date, this letter of credit can only terminate upon ninety (90) days written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and such reference shall not be construed :m any manner to re\lllire M&I Marshall & :Usley :Sank to in\lllire into its terms and obligations.
We engage with you that drafts drawn under and in compliance with the terms of this credit will be duly honored if presented on or before the e;x:piration date. This orig:mal Standby Credit must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellation.
M6<I: Marshall & Hsley :sank
.' Void void void void void Authorized Signature Officer & Manager of Global Trade Services
S: intl \lc\misc\sb657S . doc