CCR2005023.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #023-2005
APPROVAL OF CONDOMINIUM PLAT, DEVELOPER'S AGREEMENT,
MODEL HOME AGREEMENT AND LETTER OF CREDIT AMOUNT
Lindale Villas
WHEREAS, A Condominium Plat was submitted on October 12,2004 by Greg Petrauski for the
Lindale Villas Condominiums located in the SE 1/4 of Section 3 to create 48 residential units in
seven structures; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 098-
2004; and
WHEREAS, A Developer's Agreement, Model Home Agreement and Letter of Credit amount
have been received for the Lindale Villas 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 Condominium
Plat for the Lindale Villas Condominiums, 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. 098-2004.
BE IT FURTHER RESOLVED That the Developer's Agreement and Letter of Credit amount for
the Lindale Villas Condominiums, 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 DAY OF 25th Januarv ,2005.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #023-2005 which was
adopted by the Common Council of the City of Muskego.
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lindale Villas Developers Agreement
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LINDEMAN PROPERTIES II, LLC - CITY OF MUSKEGO
LlNDALE VILLAS CONDOMINIUM DEVELOPMENT - DEVELOPER'S AGREEMENT
This Agreement, made thi~/ dayof,2QQ5 by and between Lindeman Properties II,LLC, (the
"Developer"), and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Developer has submitted construction and improvement plans for approval by the City a
Condominium Development known as Lindale Villas (the "Property"), a part of the lands described as:
Parcel 2 and Outlot 2 of Certified Survey map No. 9618, being a part of vacated Martin Drive and
lands in the SW ~ of the SE ~ of Section 3, T5N, R20E, in the City of Muskego, Waukesha
County, Wisconsin.
, and
WHEREAS, The Condominium Plat of which is recorded along with this document 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, Chapter 18 of the Municipal Code provides that as a condition of approval, the governing
body of the City may require that the Developer make and install certain public improvements
reasonably necessary for the Property and further, may require construction of said improvements
according to municipal specifications without cost to said municipality; and
8 WHEREAS, The City's Engineers, Public Works Committee, Public Utility Committee and Finance
Committee have duly approved, contingent of certain other approvals, Developer's plans and
specifications for Property improvements, and the City's Plan Commission and Common Council have
duly approved the Condominium Plat of the Property contingent in part upon the execution and
performance of this Agreement by the Developer.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows":
SECTION I : PLANNED DEVELOPMENT DISTRICT
1. The Planned Development District consists of:
a) Ten (10) parcels for residential use consistent with the RS-2/ OPD Suburban Residence District
with Planned Development Overlay District requirements. Development of said parcels are
addressed by separate Agreement. Development is known as Lindale Estates.
b) Two (2) parcels for 48 dwelling units (7 structures) of attached multi family condominium
development consistent with the RSM / OPD Multiple Family Residence District with Planned
Development Overlay District requirements. Said condominium shall be subject to Condominium
Plat review as required by Chapter 18 of the Municipal Code, and a Building, Site, and Opertation
plan before the City's Plan Commission. The Condominium Plat shall include public cross access
easements over all private streets.
.
2. Developer shall entirely at its expense:
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lindale Villas Developers Agreement
. 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) Within six (6) months of approval of this Agreement by the Common Council, the Developer 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.
c) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
1. Developer and City agree that the installation of public and private improvements described in
Section III shall occur in one phase.
SECTION III: IMPROVEMENTS
Developer shall entirely at its expense:
A. PUBLIC ROADS AND STREETS:
.
1. Grade and improve Martin Drive abutting the Property in accordance with the plans and
specifications approved by the Public Works Committee on November 25, 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 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. No construction of public roads and streets may commence until all easements have been secured
by Developer, recorded with the Waukesha County Register of Deeds, and evidence of same
provided to the Director of Engineering and Building.
B. PRIVATE ROADS AND STREETS:
1. Grade and improve Olive Circle in accordance with the plans and specifications approved by the
Public Works Committee on November 25, 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 improvements.
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Lindale Villas Developers Agreement
. 3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. No construction of private roads and streets may commence until all easements have been secured
by Developer, recorded with the Waukesha County Register of Deeds, and evidence of same
provided to the Director of Engineering and Building.
C. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Construct, install, furnish and provide on site and off site facilities on the Property and on City owned
Lot-Tax Key Number 2172.999.001, and within Martin Drive right-of-way as approved by the Director
of Engineering and Building and Public Works Committee on November 25, 2003 for storm and
surface water drainage throughout the entire Property, 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 Developer to install at its cost additional storm drainage and er..osion control measures
prior to acceptance of improvements by the City of Muskego. The City retains the right to expand
the stormwater facilities on the both the City owned lot-Tax Key Number 2172.999.001 and the
developer owned lot-Tax Key Number 2169.987.006 as provided by the drainage easement on the
recorded condo plat.
.
2. Grade and improve the Property and City owned Lot-Tax Key Number 2172.999.001, in
conformance with the Master Grading Plan as approved by the Director of Engineering and Building
and Public Works Committee on November 25, 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.
D. SANITARY SEWER:
1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Property and on Martin Drive, as approved by the Director of
Engineering and Building and the Public Utilities Committee on November 25, 2003 all in accordance
with the plans, specifications 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.
4. No construction of sanitary sewers may commence until all easements have been secured by
Developer, recorded with the Waukesha County Register of Deeds, and evidence of same provided
. to the Director of Engineering and Building.
E. WATER MAIN
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Lindale Villas Developers Agreement
. 1 Construct, install, furnish, and provide without cost to City, a complete system of water supply and .
distribution, throughout the Property and on Martin Drive, as approved by the Director of Engineering
and Building and Public Utilities Committee November 25, 2003 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.
F. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the improvements. Replace trees in accordance with plans 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 on Martin Drive 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. Plant landscaping in platted area as required with plans to be approved by the City Forester I
Conservation Coordinator and Plan Commission prior to the release of occupancy permits.
G. 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 25, 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 on the Property, its abutting public rights-of-way, and City owned Lot-Tax Key
Number 2172.999.001, in accordance with the Erosion Control Plan as approved by the Director of
Engineering and Building and Public Works Committee on November 25, 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 Developer until such time as vegetative
cover is established on the Property. Install mulching and seeding of all disturbed areas to comply
. with Municipal Code Chapter 29.
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Lindale Villas Developers Agreement
4. Ensure that each building erected obtains a separate erosion control permit at any time that any
. vegetation is disturbed, and insure that each builder is responsible for controlling erosion for their
building.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for final surface course of pavement on public and
private streets as described herein, shall be completed by the Developer 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 dwelling units 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 on public and private streets as described herein is not
completed within twelve (12) months of the date of this Agreement, the Developer 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
Developer authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Developer 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 Developer's Developers
Deposit account for all charges related hereto.
Developer authorizes the City to convert digital files submitted by Developer 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. Developer agrees to reimburse City for all costs incurred in
said conversions and City may utilize Developer'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, Developer shall, without charge to the City, upon
completion of the above described improvements, unconditionally give, grant, convey and fully dedicate
the public streets, sanitary sewers, watermains, storm water drainage facilities 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
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Lindale Villas Developers Agreement
of financial hardship by the Developer 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 Developer.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Developer 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 éovered 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.
.
The Developer shall:
SECTION VIII : MISCELLANEOUS REQUIREMENTS
1. Easements: Provide any easements on Developer's land deemed necessary by the Director of
Building and Engineering, provided such easements are not any more restrictive to the building of
structures beyond the applicable side yard and offset distances required for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
3. Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein
by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as
fully as if set forth at length herein. This Agreement and all work and improvements required
hereunder shall be performed and carried out in strict accordance with and subject to the provisions
of said ordinances.
SECTION IX: GUARANTEES:
The Developer shall guarantee the public roads and streets, sanitary sewers, water mains, 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 Developer 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:
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Lindale Villas Developers Agreement
In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents
. incorporated herein by reference, Developer 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 Developer against City, its officers,
agents and employees in an effort to enforce this Agreement. The Developer 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 Property and give the City
evidence of the same upon request by the City.
a) Hold Harmless. The Developer 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 Developer, its officers, agents, independent contractors, and
employees or anyone for whose acts any of they may be made liable, regardless of whether or
not it is caused in part by a party indemnified herein. In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Developer, 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 Developer, 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 Developer 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
Developer 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 Developer 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, Developer 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. .
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Lindale Villas Developers Agreement
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d) Developer 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 Developer 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 Developer'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 Developer 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 condominium, lot or any interest in any condominium, lot
or parcel of land in the Property. Further, that the sale of any condominium, lot or parcel shall not
release the Developer 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 Developer to construct the improvements in accordance with the plans and specifications
called for by this agreement, upon Developer's compliance with any deposit provisions or other . requirements of the applicable ordinances or regulations.
2. Cooperate with the Developer in obtaining permits, resolutions and documents as may be necessary
from other authorities having jurisdiction in the premises.
3. Make available to the Developer or their nominee successors or assigns, permits for the construction
of multi-family residences subject to the provision of Section XIII.
SECTION XIII: BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any residential dwelling units until the Director of Engineering and Building has determined that:
1. The sanitary sewer, water main, and surface water drainage facilities required to serve the Property
are connected with an operational system as required herein, and installation of both the public and
private roads with a bituminous concrete base course pavement has been properly installed, and
2. Videotape of sanitary sewer system has been furnished to the Director of Engineering and Building
and approved by Public Utilities Director, 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.
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Lindale Villas Developers Agreement
SECTION XIV. FINANCIAL GUARANTEES:
81. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer
shall file with the City a Letter of Credit setting forth terms and conditions approved by the City
Attorney and Finance Committee on January 25, 2005 in the amount of $555,529.00 as a guarantee
that the required plans and improvements will be completed by the Developer 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
Property 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 Developer 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 Developer 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. In addition to the provisions set forth herein, each Building Site and
Operation Plan submittal for Commercial Parcels shall establish its own Developers Deposit
Account. The Developers Deposit shall be maintained and released in accordance with the adopted
policies of the Finance Committee. 8
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing, to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Property. This provision
constitutes the Developer's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Developer'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:
Developer or its assignees shall be bound by the terms of this agreement or any part herein as it applies
to 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 Developers. The fact
that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not
8 constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance,
and function of the Development and related infrastructure.
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Lindale Villas Developers Agreement
. SECTION XVI. AMENDMENTS AND ASSIGNMENT:
Developer shall not assign this Agreement without the written consent of the City, which shall not be
unreasonably withheld. The City and the Developer, by mutual consent, may amend this agreement, by
written agreement between the City and the Developer.
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:
To City:
Planning Department
City of Muskego
PO BOX 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
Planning@ci.muskego.wi.us
.
To Developer:
Lindemann Properties II, LLC
13555 W. Deer Park Court Suite 100
New Berlin, WI 53151
414-525-9965
AII notices shall be considered to have been delivered at the time such notices are personally delivered
to each party, or three (3) days after the date of postmark on any prepaid certified letter, facsimile
transmission, or electronic mail.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone
or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default
by the party.
SECTION XVII: PARTIES TO THE AGREEMENT
LlNDEMANN PROPERTIES II, LLC
By:
Greg Petrauski, Manager
By:
Paul Lindemann, Manager
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
. PERSONALLY came before me this----dayof , 2004, Greg Petrauski and Paul Lindemann,
to me known to be the persons who executed the foregoing instrument and acknowledged the same.
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Lindale Villas Developers Agreement
. Notary Public, Waukesha County, 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:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALL Y came before me thisi)dåy'gf {2004, the above named Mark A. Slocomb,
Mayor, and Janice Moyer, 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 25t day of January, 2005.
Notary Public-State of Wisconsin
My Commission Expires .
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for the
Lindale Villas Condominium Development, Muskego, Wisconsin, as entered into on the .
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2004, by and between Lindemann Properties II, LLC and the City Of Muskego, pursuant to the
authorization by the Common Council from their meeting on the 25th day of January, 2005.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This~ day of .
,2004.
My commission expires
. This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego
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LlNDALE VILLAS CONDOMINIUM DEVELOPMENT
MODEL HOME AGREEMENT - CONDOS #1and #7
Lindeman Properties II, LLC, hereinafter referred to as "Subdivider", hereby certifies that
Subdivider is platting and constructing Lindale Villas Condominiums in the City of
Muskego.
Infinity Development, Inc., hereinafter referred to as "Builder", hereby certifies that they
understand that Section XIII of the Subdivider's Agreement for Lindale Villas
Condominiums provides that:
"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 main, and surface water drainage fé\cilities required to
serve the Property 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 completed by the Utilities
Department, and the results found acceptable by the Utility Superintendent, 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.
Subdivider and Builder jointly and severally acknowledge notice of the above referenced
conditions and any other applicable conditions, laws, rules, or regulations and agrees to
assume all risks of satisfaction of those conditions created as a result of the City's
issuance of a building permit, and Subdivider and Builder proceeding with construction of
model homes prior to satisfaction of said conditions and any other applicable conditions,
laws, rules, or regulations.
Subdivider and Builder jointly and severally specifically agree to indemnify and hold the
City of Muskego harmless for any costs or damages incurred if an occupancy permit is
not issued due to a failure to satisfy the conditions referenced above, and any other
applicable conditions, laws, rules, or regulations.
Subdivider and Builder jointly and severally specifically acknowledge that no occupancy
permits for any of the model homes, or any other dwelling in Lindale Villas, shall be
issued prior to satisfaction of the conditions stated above and any other applicable
conditions, laws, rules, or regulations.
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Lindale Villas Condominiums
Model Home Agreement Condos #1 and #7
Page 2
The undersigned understand the above and request that the City of Muskego issue a
permit to build a model homes for condominiums #1 and #7 of Lindale Villas
Condominiums.
SUBDIVIDER: LINDEMAN PROPERTIES II LLC
By:
Lindeman Properties II, LLC
Greg Petrauski, Manager
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me tHi$./cfay of , 2004 Greg Petrauski, Manager
Lindeman Properties II, 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
BUILDER: INFINITY DEVELOPMENT INC.
By:
Infinity Development Inc.
Greg Petrauski, General Contractor
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me tt]is.< day .of , 2004 Greg Petrauski, President
Infinity Development 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
PUBLIC IMPROVEMENT COST BREAKDOWN
LINDALE VILLAS
Beg. Bal ADJ.BAL.
# I ROAD CONSTRUCTION
. a. Excavation to subgrade $2,500.00 $2,500.00
b. Stone base material $20,000.00 $20,000.00
c. Bituminous base course pavement $44,444.00 $44,444.00
d. Bituminous surface course pavement $29,000.00 $29,000.00
e. Concrete pavement $0.00 $0.00
f. Other (Adjust Castings) $1,200.00 $1,200.00
g. Engmeering InspectIOns $3,000.00 $3,000.00
$100,144.00 $0.00 $100,144.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading $80,000.00 $80,000.00
b. Drainage ditch construction $0.00 $0.00
c. Retention pond construction $50,000.00 $50,000.00
d. Parking area construction-inc1 pavement $0.00 $0.00
e. Tree & shrub plantings $25,000.00 $25,000.00
f. Landscaping as specified by City $0.00 $0.00
g. Erosion control $6,000.00 $6,000.00
h. Engineering Inspections $3,000.00 $3,000.00
i. Other $0.00 $0.00
$164,000.00 $0.00 $164,000.00
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $500.00 $500.00
b. Terrace areas - in ROW $3,000.00 $3,000.00
c. Drainage ditches $4,000.00 $4,000.00
. d. Retention ponds $25,000.00 $25,000.00
e. Areas as specified by City $0.00 $0.00
f. Engineering Inspections $3,000.00 $3,000.00
g. Other $0.00 $0.00
$35,500.00 $0.00 $35,500.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $20,017.50 $20,017.50
b. Interim Inlets-C&G $0.00 $0.00
c. Blvd./traffic islands $0.00 $0.00
d. Ditch inverts $0.00 $0.00
e. Engmeering Inspections $3,500.00 $3,500.00
f. Other $0.00 $0.00
$23,517.50 $0.00 $23,517.50
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $39,008.00 $39,008.00
b. Laterals $12,679.00 $12,679.00
c. Dumpmg station & Generator $0.00 $0.00
d. Force main $0.00 $0.00
e. Grinder pumps &chamber-indiv dwelling $0.00 $0.00
f. Engineering Inspections $7,000.00 $7,000.00
g. Other $0.00 $0.00
$58,687.00 $0.00 $58,687.00
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PUBLIC IMPROVEMENT COST BREAKDOWN
LINDALE VILLAS
Beg. Bal ADJ. BAL.
. #6 WATER MAIN SYSTEM
a. Mains, valves & manholes $58,496.00 $58,496.00
b. Hydrants & leads $13,400.00 $13,400.00
c. Water services $0.00 $0.00
d. Well & pumphouse $0.00 $0.00
e. Engmeering Inspections $6,000.00 $6,000.00
f Other $0.00 $0.00
$77 ,896.00 $0.00 $77 ,896.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $24,651.50 $24,651.50
b. Catch basins & leads ,$5,500.00 $5,500.00
c. Culverts $0.00 $0.00
d. Sump Lines $18,683.00 $18,683.00
e. Headwalls/discharge structures $1,850.00 $1,850.00
f. Interim Inlets-Adjusting $0.00 $0.00
g. Engineering Inspections $4,500.00 $4,500.00
h. Other $0.00 $0.00
$55,184.50 $0.00 $55,184.50
#8 SPECIALIMISC IMPROVEMENTS
a. Street lights $2,800.00 $2,800.00
b. Street signs $300.00 $300.00
c. Signs as specified by City $0.00 $0.00
. d. Erosion Control/V egetation Retainage $25,000.00 $25,000.00
e. Other - Ag Use Penalty $0.00 $0.00
$28,100.00 $0.00 $28,100.00
#9 FEES
a. City administration $1,500.00 $1,500.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. Engineering-as built drawings for wls $10,000.00 $10,000.00
d. Legal $1,000.00 $1,000.00
e. Land acquisition $0.00 $0.00
f Other $0.00 $0.00
$12,500.00 $0.00 $12,500.00
TOTAL PROJECT ESTIMATE $555,529.00 $0.00 $555,529.00
LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included $40,000.00
in total Project Estimate**
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