CCR2003140,'~
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #140-2003
APPROVAL OF AMENDED SUBDIVIDER'S AGREEMENT
Chamberlain Hill
WHEREAS, The Common Council approved a Subdivider's Agreement between Key
Bridge Group, Inc. and the City of Muskego for the Chamberlain Hill Subdivision on
March 11, 2003 through Resolution #044-2003; and
WHEREAS, An amended Subdivider's Agreement has been reçeived for Chamberlain
Hill Subdivision and the Finance Committee has reviewed the amended agreement and
has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the amended Subdivider's Agreement, as attached, subject to approval of the City
Attorney and City Engineer.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
DATED THIS 10th DAY OF June ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy C. Salentine
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #140-2003 which was
adopted by the Common Council of the City of Muskego.
6/03jmb
~/K)yz~ CI -Treasurer
KEY BRIDGE GRO~P, INC. . CITY OF MUSKEGO
(~ CHAMBERLAIN HILL. 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").
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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 y., and the Southeast Y. of the
Southwest Y. 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 Y. Section; thence N 00024'00" W along the East
line of said Y. 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 Y. Section; thence S
88024'44" W along the north line of said Y. 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 I COPD
. Suburban Estate District with Conservation Planned Development Overlay zoning.
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Chamberlain Hill Subdividers Agreement
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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 shÇJwing 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.
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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.
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Chamberlain Hill Subdividers Agreement
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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.
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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, includinq the relocation and installation of City's water
. booster station as described in Section III (H) of this aqreement. as approved by the Director of
Engineering and Building and Public Utilities Committee on February 17, 2003. and amended April
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Chamberlain Hill Subdividers Agreement
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21. 2003-and in accordance with the plans and specifications on file in the City Building and I
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 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.
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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
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Chamberlain Hill Subdividers Agreement
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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
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 and June 10. 2003: I
Improvement Estimated Reimbursement At:
Category: Quantitv
Martin Drive Off-Site Sanitary Sewer Pipe Over sizing, 8" to 12" -1,ð+7-1.381 lineal $2Q,001.00 per lineai footl
feet
Sanitarv Sewer off site 12" 631.26 lineal feet !t48.00 ner lineal foot
Sanitarv Sewer off site 8" 637.61 lineal feet $47.00 oer lineal foot
Manholes offsite Martin Drive 4 $2400.00 each
Water Main Valves off site over sizinn 7 $1 000.00 each
Water over sizino - tao 1 $5 500 each
Martin Drive Off-Site Water Main Over sizina 8" to 12" 650 lineal feet $21.450.00
.aII. 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.
H. WATER BOOSTER STATION.
1. The City shall permit Subdivider to remove an existinQ. unused. booster station from its current
location within Hillendale Drive riqht-of-wav. and move and install it in the Subdivision. within an
easement on Outlot 3. All of said work shall be completed in compliance with all applicable
qovernmental rules. laws. and requlations and in the manner specificallv approved bv the Citv of
Muskeqo.
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.
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Chamberlain HiiI Subdividers Agreement
If the final surface course of pavement, is not completed within twelve (12) months of the date of this
I'~ 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. as well as for the booster station relocation described in Section III (H) of this I Aqreement. Subdivider agrees to reimburse City for all costs incurred in the preparation and distribution
of as-built data, including collection of data, revisions to construction documents and upload of data to
City's Geographic Information System, and City may utilize Subdivider's Developers Deposit account for
all charges related hereto.
Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section
18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in
said conversions and City may utilize Subdivider's Developers Deposit account for all charges related
hereto.
SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
.~ Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City, upon
completion of the above described improvements, unconditionally give, grant, convey and fully dedicate
the streets, sanitary sewers, watermains (includinq anv interest in the Booster Station supplied bv Citv I per Section III (H) of this Aqreement," 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
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.
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Chamberlain Hill Subdividers Agreement
The City shall have the right to connect to or integrate other utility facilities with the improvements
!.~ provided herein without payment, award, or consent required of the Subdivider.
SECTION 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:
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.
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2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
3. Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein
by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as
fully as if set forth at length herein. This Agreement and all work and improvements required
hereunder shall be performed and carried out in strict accordance with and subject to the provisions
of said ordinances.
SECTION IX: GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains (includina I Booster Station relocated pursuant to Section III (H) of this Aareement, 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.
The City hm: offered to aive. at no charae. a water booster pump station currently installed at Hillendale
Drive to Sub Divider. for UE:e in the Chamberlain Hills subdi'/iE:ion. The City will allo'N Sub Divider to
remove the station from its current location and move and install it in the Subdivision. in Outlot 3. Sub
Divider has provided the Citv with a water utilitv casement over thiE: Outlot. Sub Divider shall provide. - throuah its enainoers. plans showina the location and other details of ho'lI' the E:t3tion vlill bo inE:taliod.
Tho City shelll rovie'.\' elnd approve such plans. Upon the Cit'l's approval. the City shelll warrant to Sub
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Chamberlain Hill Subdividers Agreement
Di'/ider that the station is in Qoo~nq proper insbll3tion. Sub Divider
. shall warrant to the C~ts contractors will OJmmise care consistent '.'lith industry standards in
installinq the station.
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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
themy may be made liable, regardless of whether or not it is caused in part by a party I
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. I n any and all claims against the City, its
officers, agents, independent contractors, and employees by the Subdivider, its officers,
agents, independent contractors, employees, and anyone directly or indirectly employed by
any of them or anyone for whose acts any of they may be held liable, the indemnification
obligation under this section shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the Subdivider, its officers,
agents, independent contractors, employees under Workers' Compensation Acts, disability
benefit acts, or other employee benefit acts.
b) Personal Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement
or in exercising any power or authority granted to them thereby, there shall be no personal
liability of the City officers, agents, independent contractors, or employees, it being expressly
understood and agreed that in such matters they act as agents and representatives of the
City.
c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend,
and hold City and its officers, agents, independent contractors, and employees harmless from
any claims, judgments, damages, penalties,fines, costs, or loss (including reasonable fees
for attorneys, consultants, and experts) that arise as a result of the presence or suspected
presence in or on the real property dedicated or conveyed to the City by, under, pursuant to,
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Chamberlain Hill Subdividers Agreement
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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.
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:
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Chamberlain Hill Subdividers Agreement
. 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 OncludinQ Booster Station pursuant to Section III (H) of this I AQreement) 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:
81. 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
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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 later than one (1) year from signing of the Agreement, except if another date is
provided within this Agreement and as a further guarantee that all obligations to the subcontractors
for work on the Subdivision are satisfied.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter
of Credit, but attributable to the subject development shall be provided to the City.
b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Director of Engineering and
Building with a written request accompanied by: invoices for work completed for which a release
is being requested, breakdown of invoices in the format of the Public Improvement Cost
Breakdown form, and signed original lien waivers for all work which is subject of release request.
The Director of Engineering and Building will process all requests in accordance with policies
adopted by the Finance Committee, as may be amended from time to time.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $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.
8 3. PRESERVATION OF ASSESSMENT RIGHTS:
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Chamberlain Hill Subdivlders Agreement
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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:
ToCitv:
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
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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
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Chamberlain Hill Subdividers Agreement
. 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. 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
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
. .
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Chamberlain Hill Subdividers Agreement
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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 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
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
,