CCR2004063AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #063-2004
- APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
Northfield Green
WHEREAS, A Final Plat was submitted on March 2, 2004 by Carity Land Corp. for the
Northfield Green Subdivision located in the SE 1/4 of Section 3 and NE X of Section 10 to
create 19 residential lots and one commercial lot; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 035-
2004, as amended; and
WHEREAS, The Subdivider's Agreement, as amended, and Letter of Credit have been
received for the Northfield Green 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
Northfield Green 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. 035-2004, as amended.
-
BE IT FURTHER RESOLVED That the amended Subdivider's Agreement and Letter of Credit
for the Northfield Green Subdivision, as attached, are hereby approved subject to approval of
the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) days
of the date of approval of this Resolution or the same will be null and void.
BE IT FURTHER RESOLVED That a digital file of this final plat shall be submitted to the City in
accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That 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 13th DAY OF April ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Pettalski
Ald. Nancy C. Salentine
Ald. Eric Schroeder
-
This is to certify that this is a true and accurate copy of Resolution #063-2004 which was
adopted by the Common Council of the City of Muskego.
()- <) Æ .
A/l/ \. ~2"~~J/? ~k-Treasurer
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NORTHFIELD GREEN LLC . CITY OF MUSKEGO
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NORTHFIELD GREEN SUBDIVIDER'S AGREEMENT
This Agreement, made this _th day of -' 2004 by and between Northfield Green 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 Northfield Green
(the "Subdivision"), a part of the lands described as:
A redivision of Lot 1 of certified survey map no. 9333, being a part of the southeast % and southwest % of the
southeast % of Section 3, and the northeast % of the northeast % of section 10, Town 5 North, Range 20 East,
in the City of Muskego, Waukesha County, Wisconsin. Containing 842,267 square feet (or 19.3358 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 Northfield Green 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 19 parcels platted for two family
residential use, and 1 lot platted for commercial use, all being under the Provisions of Chapters 17
and 18 of the Municipal Code, and under the auspices of RSA Suburban Residence District and B-2
Local Service Center zoning.
a) Single family parcels in this Plat shall conform to the zoning requirements of RSA Suburban
Residence district, being a minimum of 10,000 square feet in area per unit, having street yard
setbacks of 40 feet, side yard offsets of 15 feet and 15 feet, and rear yard offsets of 15 feet.
b) Commercial parcels in this Plat shall conform to the zoning requirements of B-2 Local Service
Center district, being a minimum of 20,000 square feet in lot size, having street yard setbacks of
40 feet, side yard offsets of 10 feet and 15 feet, and rear yard offsets of 15 feet.
.-. 2. Subdivider shall entirely at its expense:
a) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in
the amount required herein for the construction of improvements required by this Agreement. No
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Quietwood East Subdividers Agreement
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construction activity may commence until this Agreement has been executed and recorded, and
the Letter of Credit has been tendered.
b) Concurrent with the execution of this Agreement, provide the City with title evidence acceptable
to the City Attorney showing that upon recording the Plat, the City will have good, indefeasible
title to all interests in land dedicated or conveyed to the City by the Plat.
c) Within six (6) months of approval of this Agreement by the Common Council, the Subdivider shall
execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County
Register of Deeds, and shall provide City with evidence of recording.
d) Within six (6) months of approval by all approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the final plat of Northfield Green 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, 2004, 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.
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, 2004 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
Subdivider's cost additional storm drainage and erosion control measures prior to acceptance of
improvements by the City of Muskego.
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Quietwood East Subdividers Agreement
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, 2004 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.
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 16, 2004 all in accordance with the plans, specifications and drawings on file
in the City Building and Engineering Department.
2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary
sewer systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
D. WATER MAIN:
-
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the entire Subdivision, as approved by the Director of Engineering and
Building and Public Utilities Committee on February 16, 2004 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.
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Quietwood East Subdividers Agreement
4. Install plantings without cost to City within the 30 foot landscape planting easement adjacent to
- Janesville 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
February 24, 2004 and 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, 2004 and in accordance with the plans and specifications on file in the City Building and
Engineering Department. No construction or grading can begin until said permit is issued by the
City, and no grading shall occur without a two (2) day notice to the City.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
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4. Insure that each individual lot owner obtains a separate erosion control permit at any time that any
vegetation is disturbed, and insure that each individual/ot owner is responsible for controlling erosion
on their subject lot.
G. RECREATION TRAILS:
1. Construct, install, furnish, and provide without cost to City a complete recreation trail along the south
right-of-way line of Janesville Road abutting the plat as approved by the Director of Engineering and
Building, and the Public Works Committee on February 24, 2004 and in accordance with the plans
and specifications on file in the City Building and Engineering Department.
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 the signing of this Agreement
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 thirty-six (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
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Quietwood East Subdividers Agreement
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.
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, recreation trails, sanitary sewers, watermains, storm water drainage facilities (excluding
those facilities which are to be owned and maintained by Quietwood East Home Owners Association) to
the City, its successors and assigns, forever, free and clear of all encumbrances (except those
encumbrances that may be acceptable to the City) whatever together with and including, without
limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines,
-- plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or
pertain to such improvements and together with any and all necessary easements for access thereto.
The City will be receptive to the dedications of improvements, except private storm water drainage
facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities
have been completed and approved by the 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 : REMEDIES UPON DEFAULT
The following shall constitute a default by the Subdivider under this Agreement: If Subdivider should file
for bankruptcy or be adjudged bankrupt, or if it should make a general assignment for the benefit of its
--
creditors; if the Subdivider or its general contractors should disregard or otherwise violate any Statutes,
Ordinances, regulations, orders, or instructions of the City or any of its employees, agents, committees
or commissions; or upon failure of performance by Subdivider or Subdivider's contractor or
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Quietwood East Subdividers Agreement
subcontractors to construct, install, furnish and provide any improvement required under this Agreement;
- or upon any other Subdivider default or failure to perform under any provision of this Agreement.
Upon the occurrence of a default as defined herein, and without prejudice to any other right or remedy of
the City, including the right to damages, the City shall give the Subdivider and its surety or insurer or
holder of the financial guarantee provided for pursuant to this Agreement ten (10) days written notice
and opportunity to cure. If the default is not cured to the City's sole satisfaction within the ten (10) day
period, the City may take possession of the premises and all of the materials thereon, draw upon the
letter of Credit or any other financial guarantee posted or filed by the Subdivider and finish the work by
whatever method the City may deem expedient. Subdivider, or its surety in the event of default, shall
pay the City the entire cost of completion of the work if funds from the letter of Credit or other financial
guarantee posted or filed by the Subdivider are insufficient to cover the entire cost of completion.
SECTION VIII: 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; and 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 IX: MISCEllANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deeded 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.
SECTION X: GENERAL CONDITIONS AND REGULATIONS
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 XI: GUARANTEES
The Subdivider shall guarantee the public roads and streets, recreation trails, 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
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Quietwood East Subdividers Agreement
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 XII : 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 them may be made liable, regardless of whether or
not it is caused in part by a party indemnified herein. A claim for indemnification under this
section shall be conditioned upon the City giving to the Subdivider, within five (5) business days
of receiving the same, written notice of any such claim made against the City for which
indemnification is sought, and if requested to do so by Subdivider's insurance carrier, the City
shall tender the defense of such claims to the Subdivider's insurance carrier. In any and all
claims against the City, its officers, agents, independent contractors, and employees by the
Subdivider, its officers, agents, independent contractors, employees, and anyone directly or
indirectly employed by any of them or anyone for whose acts any of they may be held liable, the
indemnification obligation under this section shall not be limited in any way by any limitation on
the amount or type of damages, compensation, or benefits payable by or for the Subdivider, its
officers, agents, independent contractors, employees under Workers' Compensation Acts,
disability benefit acts, or other employee benefit acts.
b) Personal Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement or in
exercising any power or authority granted to them thereby, there shall be no personal liability of
the City officers, agents, independent contractors, or employees, it being expressly understood
and agreed that in such matters they act as agents and representatives of the City.
-
c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and
hold City and its officers, agents, independent contractors, and employees harmless from any
claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for
attorneys, consultants, and experts) that arise as a result of the presence or suspected presence
in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in
connection with the Plat and this Agreement (including but not limited to street right-of-way) of
any toxic or hazardous substances arising from any activity occurring prior to the acceptance of
all improvements. Without limiting the generality of the foregoing, the indemnification by the
Subdivider shall include costs incurred in connection with any site investigation or any remedial,
removal, or restoration work required by any local, State, or Federal agencies because of the
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Quietwood East Subdividers Agreement
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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 XIII: 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 provided for under this Agreement, by applicable Ordinances and as set forth in the plans and
specifications on file in the City Building and Engineering Department. -
SECTION XIV: 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 XV: BUILDING AND OCCUPANCY PERMITS:
-
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any homes until the Director of Engineering and Building has determined that:
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Quietwood East Subdividers Agreement
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 the installation of the bituminous
concrete base course pavement has been properly installed, and
2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded,
and
3. Video tape of the sanitary sewer system has been furnished to the Director of Engineering and
Building, and
4. Certification is provided to the Director of Engineering and Building by a Registered Land Surveyor
that all lot grades conform to the Master Grading Plan, and
5. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning
Director.
6. The section corner monuments in Sandlewood Drive shall be properly installed or arrangement made
thereto by the Southeastern Wisconsin Regional Planning Commission.
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Planning Director has determined that:
1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
2. Landscape Plans as required by Section III E (4) of this Agreement have been approved.
-
SECTION XVI: 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 April 13, 2004 in the amount of $912,733.50 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 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 the 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.
-
3. PRESERVATION OF ASSESSMENT RIGHTS:
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Quietwood East Subdividers Agreement
.- 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 Section 66.0703(7)(b), 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 XVII: 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 XVIII: 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 XIX: 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:
To City:
Planning Department
City of Muskego
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
To Subdivider:
Northfield Green LLC
Attn: William Carity
12720 West North Avenue
Brookfield, WI 53005
(262) 785-1968
(262) 785-1949
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.
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SECTION XX: PARTIES TO THE AGREEMENT
Page 11
Quietwood East Subdividers 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. NORTH FIELD GREEN LLC
By:
William Carity, Member
STATE OF WISCONSIN
WAUKESHA COUNTY
)
)
)
SS
PERSONALLY came before me this _th day of , 2004 William Carity, Member of Northfield
Green LLC, to me known to be the person who executed the foregoing instrument and acknowledged
the same.
Notary Public-State of Wisconsin
My Commission Expires
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-
Page 12
Quietwood East Subdividers Agreement
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and
- their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb, Mayor
BY:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this _th day of , 2004, the above named Mark A. Slocomb,
Mayor, and Jean K, Marenda, City Clerk-Treasurer of the City of Muskego, to me known to be the
persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-
Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument
as such officers as the deed of said municipal corporation b~ its authority and pursuant to the
authorization by the Common Council from their meeting on the 13t day of April, 2004.
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
Quietwood East" Subdivision, Muskego, Wisconsin, as entered into on the _th day of April, 2004, by
and between Quietwood East LLC and the City Of Muskego, pursuant to the authorization by the
Common Council from their meeting on the 13th day of April, 2004.
BY THE COMMON COUNCIL
Jean K. Marenda, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This _th day , 2004.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego PO Box 749 Muskego, WI 53150
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PUBLIC IMPROVEMENT COST BREAKDOWN
N orthfield Green
Beg. Bal ADJ. BAL.
#1 ROAD CONSTRUCTION
a. Excavation to subgrade $100,000.00 $100,000.00
.Jta.. b. Stone base material $40,000.00 $40,000.00
c. Bituminous base course pavement $40,000.00 $40,000.00
d. Bituminous surface course pavement $20,000.00 $20,000.00
e. Concrete pavement $0.00
f. Other (Adjust Castings) $0.00
g. Engineering Inspections $0.00
$200,000.00 $0.00 $200,000.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading $60,000.00 $60,000.00
b. Drainage ditch construction $0.00
c. Retention pond construction $0.00
d. Parking area construction-incl pavement $0.00
e. Tree & shrub plantings $25,000.00 $25,000.00
f. Landscaping as specified by City $0.00
g. Erosion control $5,000.00 $5,000.00
h. Engineenng Inspections $3,500.00 $3,500.00
i. Other $0.00
$93,500.00 $0.00 $93,500.00
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $0.00
b. Terrace areas - in ROW $25,000.00 $25,000.00
c. Drainage ditches $0.00
d. Retention ponds $0.00
-
e. Areas as specified by City $0.00
f. Engmeering Inspections $3,000.00 $3,000.00
g. Other $0.00
$28,000.00 $0.00 $28,000.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $73,870.00 $73,870.00
b. Sidewalk $0.00
c. Blvd./traffic islands $0.00
d. Ditch inverts $0.00
e. Engmeering Inspections $5,000.00 $5,000.00
f. Other $0.00
$78,870.00 $0.00 $78,870.00
_.
Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
Northfield Green
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
-
a. Mains,risers & Manholes $84,392.00 $84,392.00
b. Laterals $25,714.00 $25,714.00
c. Dumping station & Generator $0.00
d. Force main $0.00
e. Grinder pumps &chamber-indiv dwelling $0.00
f. Engineering Inspections $6,000.00 $6,000.00
g. Other $0.00
$116,106.00 $0.00 $116,106.00
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $105,451.00 $105,451.00
b. Hydrants & leads $12,000.00 $12,000.00
c. Water services $16,632.00 $16,632.00
d. Well & pumphouse $0.00
e. Engineering Inspections $6,500.00 $6,500.00
f. Other $0.00
$140,583.00 $0.00 $140,583.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $131,554.50 $131,554.50
b. Catch basins & leads $16,000.00 $16,000.00
c. Culverts $0.00
d. Drain tile $18,120.00 $18,120.00
e. Headwalls/discharge structures $0.00
- f. Engineering Inspections $5,500.00 $5,500.00
g. Other $0.00
$171,174.50 $0.00 $171,174.50
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights $3,500.00 $3,500.00
b. Street signs $1,000.00 $1,000.00
c. Signs as specified by City $0.00
d. Erosion Control/V egetation Retainage $65,000.00 $65,000.00
e. Other - Ag Use Penalty $0.00
$69,500.00 $0.00 $69,500.00
#9 FEES
a. City administration $2,500.00 $2,500.00
b. Eng. inspections (req for all LaC) $0.00
c. Engineering-as built drawings for w/s $12,500.00 $12,500.00
d. Legal $0.00
e. Land acquisition $0.00
f. Other $0.00
$15,000.00 $0.00 $15,000.00
TOTAL PROJECT ESTIMATE $912,733.50 $0.00 $912,733.50
LETTER OF CREDIT AMOUNT
-
Engineering**Total engineering Costs included $42,000.00
in total Project Estimate**
Page 2 of 2
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #063-2004
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APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
Northfield Green
j
WHEREAS, A Final Plat was submitted on March 2, 200 by Carity Land Corp. for the
Northfield Green Subdivision located in the SE 1/4 of S tion 3 and NE % of Section 10 to
create 19 residential lots and one commercial lot; and
WHEREAS, The Plan Commission has recommen d approval through Resolution #P.C. 035-
2004, as amended; and~, WHEREAS, The Subdivider's Agreement and tier of U have been received for the
Northfield Green Subdivision and the Finance ommittetnas recommended approval.
NOW, THEREFORE, BE IT RESOLVED T t the l\o~on Council of the City of Muskego,
upon the recommendation of the Plan Co mission, ~es hereby approve the Final Plat for the
Northfield Green Subdivision, subject to pproval of it he City Engineer and all objecting and
approving agencies, receipt of all fees providèd in Section 18.14 of the Land Division
Ordinance, any special assessments hich mayB'e due, and the conditions outlined in
Resolution #P.C. 035-2004, as ame ed.\' '~.c'
BE IT FURTHER RESOLVED Th the~u ..~er's Agreement and Letter of Credit for the
Northfield Green Subdivision, as ttach.. r hereby approved subject to approval of the City
Attorney and City Engineer, all said vals to be obtained within thirty (30) days of the
date of approval of this Resol on or th . me will be null and void. -
BE IT FURTHER RESOLV That a djgital file of this final plat shall be submitted to the City in
accordance with Common ouneil OrdJnance #1118 and Resolution #196-2002.
BE IT FURTHER RESO ED T t he Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary doc men' e name of the City, and that the Mayor, in consultation with
the City Attorney, ma~ make ny ecessary technical corrections.
DATED THIS ,2004.
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 #063-2004 which was
adopted by the Common Council of the City of Muskego.
- Clerk-Treasurer
4/04jmb