CCR2005053.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #053-2005
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT,
AND LETTER OF CREDIT AMOUNT
Boxhorn Reserve
WHEREAS, A Final Plat was submitted on November 1, 2004 by Creative Homes for the
Boxhorn Reserve Subdivision located in the NE 1/4 of Section 24 to create 16 residential single-
family lots, 2 outlots and approximately 10.83 acres of open space; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 122-
2004, as amended; and
WHEREAS, The Subdivider's Agreement and Letter of Credit amount have been received for
the Boxhorn Reserve 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
Boxhorn Reserve 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. 122-2004, as amended.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit amount for
the Soxhorn Reserve Subdivision, as attached, are hereby approved subject to approval of the
City Attorney and City Engineer and subject to the Letter of Credit being in the approved City
form, 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 8th DAY OF March ,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 #053-2005 which was
adopted by the Common Council of the City of Muskego/l
-';, ,,' ,oUt /'- /C'! (j/ÞUÆ{ r 71
CLI v. L,
~erk~Treasurer J 3/05jmb \J
I CREATIVE HOMES, INC. - CITY OF MUSKEGO
BOXHORN RESERVE - SUBDIVIDER'S AGREEMENT
This Agreement, made this by and between Creative Homes, Inc. (the
"Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Soxhorn Reserve
Subdivision (the "Subdivision"), a part of the lands described as:
Seing part of the Southeast X and the Southwest X of the Northeast X of Section 24, Township
5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and
described as follows:
Commencing at the Southwest corner of said Northeast 1/4; thence N 01025'14" W along the
West line of said Northeast X 33.01 feet to the point of beginning of lands to be described;
thence continuing N 8r32'08" E, 1398.57 feet to the West Right of Way of C.T.H. "00" and
the arc of a curve; Thence Southerly, 475.52 feet along said Right-ot-Way and the arc ot a
curve whose center is to the East, whose radius is 1687.02 feet and whose cord bears S
Or41'39" E, 473.95 feet to an angle point; Thence S 10047'10" W along said Right ot Way, I 163.30 feet to the north Right of Way of Soxhorn Drive; Thence S 8r32'01" W along said Right
of Way. 1415.84 feet to the place of beginning, containing 20.5432 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 Saxhorn Reserve 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 single family I residential use, and 2 Outlots platted tor conservation and stormwater retention purposes, all being
under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RSE /
COPD Suburban Estate District with Conservation Planned Development Overlay zoning.
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Saxhorn Reserve Subdividers Agreement
I a) Single family parcels shall conform to the zoning requirements of RSE / COPD Suburban
Residence district along with some alterations due to the development being within the auspices
of a planned development.
b) Outlot 1 shall be reserved for common open space and stormwater management purposes, and
shall be owned and maintained by an incorporated Owners Association established by
Subdivider.
c) Outlot 2 shall be dedicated to the City of Muskego for conservation purposes, and the City of
Muskego shall own and maintain said outlot.
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.
I
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 Boxhorn Reserve 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 improvements described in
Section III shall occur in one phase.
SECTION III: IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
I
1. Grade and improve all roads and streets in accordance with the plans and specifications approved
by the Public Works Committee on August 16, 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.
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Saxhorn Reserve Subdividers Agreement
12. 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 August 16, 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 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 August 16, 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.
14 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 August 16, 2004 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 August 23, 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. I D. WATER MAIN:
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Saxhorn Reserve Subdividers Agreement
,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 August 23, 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 Director of Engineering and Building, any remaining punch list
items concerning the water system prior to the connection of any structure to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees in accordance with plans to be approved by
the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
I
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division
Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan
dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with
plans to be approved by the Planning Director and Plan Commission prior to the release of
occupancy permits.
4. Plant Prairie seed approved by the City Forester on Outlot 1 in accordance with landscape 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
August 16, 2004 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 August 16, 2004 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 I .
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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Saxhorn Reserve Subdividers Agreement
14 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.
City shall:
G. REIMBURSEMENTS FOR UTILITY OVER SIZING
1. Reimburse Subdivider in accordance with the following schedule approved by the Finance
Committee on March 8, 2005:
Improvement Estimated Quantity Reimbursement At:
CatejlolY:
Water Main OversizinQ 991.62 I.f. $17.23/ I.f.
16" vs. 8" Valves 3 $573.00 each
Butterfly Adaptors 3 $11.00 each
45 Degree Bend 2 $202.00 each
16" vs. 8" TEE 1 $272.00 each
16" vs. 8" Anchor TEE 2 $267.00 each
Beddil}glCover 46.10 ton $8.50 ton
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,
13.
2006.
All requests for reimbursement shall be made in writing to the City Planning Department, and shall be
reviewed for approval by the Director of Building and Engineering. The recommendation of the
Director of Building and Engineering shall be forwarded to the Finance Committee and Public Utilities
Committee for consideration.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for final surface course of pavement as described
herein, shall be completed by the Subdivider within one (1) year from signing of this Agreement or
except if an earlier date is provided for in the Agreement. The final surface course of pavement may be
deferred until ninety percent (90%) of the homes have been completed, or 36 months after the
installation of the first lift of asphalt, whichever comes first.
If the final surface course of pavement, is not completed within twelve (12) months of the date of this
Agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such
time as the final surface course of pavement is completed.
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final
surface course pavement, such notice shall be considered a failure to complete improvements in
accordance with this agreement and shall entitle the City to immediately draw against the Letter of
Credit.
, SECTION V : AS-BUILT CONSTRUCTION PLANS AND DIGITAL FILES
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
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Saxhorn Reserve Subdividers Agreement
I 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, outlot 2, and 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
I Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the :::~::t~:n b:f ::y ~:~:::e:~:~d:c:n:oE:::::I~yri:::: :i~:~~:e~:::a::::~::~:ifications.
Claims
of financial hardship by the Subdivider shall not be considered a reason for the City to accept
substandard materials or work.
At such time as all improvements are completed and acceptable as called for under this Agreement, and
all approvals have been received from regulatory agencies, such improvements shall be accepted by the
City by separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha
County Register of Deeds.
The City shall have the right to connect to or integrate other utility facilities with the improvements
provided herein without payment, award, or consent required of the Subdivider.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein,
but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which
shall be incurred by the City prior to and following the date hereof in connection with or relative to the
construction, installation, dedication and acceptance of the improvements covered by Section 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
I 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.
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Boxhorn Reserve Subdividers Agreement
I 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.
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 (including
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 I resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the
City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such
situation.
SECTION X : GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents
incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept
tender of defense and to defend and pay any and all reasonable legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed upon the City
its officers, agents, and employees, and independent contractors growing out of this agreement as
stated above by any party or parties except those claims asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agreement. The Subdivider shall also name as
additional insured on its general liability insurance the City, its officers, agents, and employees, and any
independent contractors hired by the City to perform service as to this Subdivision and give the City
evidence of the same upon request by the City.
I
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers,
agents, independent contractors, and employees from and against all claims, damages,
losses, and expenses, including attorney's fees arising out of or resulting from the
performance of the Work, providing that any such claim, damage, loss, or expense (i) is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom,
and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its
officers, agents, independent contractors, and employees or anyone for whose acts any of
they may be made liable, regardless of whether or not it is caused in part by a party
indemnified herein. In any and all claims against the City, its officers, agents, independent
contractors, and employees by the Subdivider, its officers, agents, independent contractors,
I
I
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Boxhorn Reserve Subdividers Agreement
employees, and anyone directly or indirectly employed by any of them or anyone for whose
acts any of they may be held liable, the indemnification obligation under this section shall not
be limited in any way by any limitation on the amount or type of damages, compensation, or
benefits payable by or for the Subdivider, its officers, agents, independent contractors,
employees under Workers' Compensation Acts, disability benefit acts, or other employee
benefit acts.
b) Personal Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement
or in exercising any power or authority granted to them thereby, there shall be no personal
liability of the City officers, agents, independent contractors, or employees, it being expressly
understood and agreed that in such matters they act as agents and representatives of the
City.
c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend,
and hold City and its officers, agents, independent contractors, and employees harmless from
any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees
for attorneys, consultants, and experts) that arise as a result of the presence or suspected
presence in or on the real property dedicated or conveyed to the City by, under, pursuant to,
or in connection with the Plat and this Agreement (including but not limited to street right-of-
way) of any toxic or hazardous substances arising from any activity occurring prior to the
acceptance of all improvements. Without limiting the generality of the foregoing, the
indemnification by the Subdivider shall include costs incurred in connection with any site
investigation or any remedial, removal, or restoration work required by any local, State, or
Federal agencies because of the presence or suspected presence of toxic or hazardous
substances on or under the real property, whether the soil, groundwater, air, or any other
receptor. The City agrees that it will immediately notify Subdivider of the discovery of any
contamination or of any facts or circumstances that reasonably indicate that such
contamination may exist in or on the real property. Upon receipt of notice from the City or
other entities, Subdivider shall investigate and rectify conditions which indicate the presence
of or suspected presence of contamination on the subject property as identified by local,
state, or federal agencies in order to comply with applicable laws.
d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance
with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and
at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars
($1,000,000.00) property damage (or such higher amounts as the City shall from time to time
deem reasonable). Such policy shall cover both Subdivider and the City and its agents,
employees, and officials, and all insurers shall agree not to cancel or change the same
without at least thirty (30) days written notice to the City. A certificate of Subdivider's
insurance shall be furnished to the City upon execution of this Agreement. Each such policy
shall provide that no act or default of any person other than the City or its agents shall render
the policy void as to the City or effect the City's right to recover thereon.
SECTION XI : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement
shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the I 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.:
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Saxhorn Reserve Subdividers Agreement
I
The City shall, within its authority:
1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to
permit the Subdivider to construct the improvements in accordance with the plans and specifications
called for by this agreement, upon Subdivider's compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations.
2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the
previous described improvements in any public street or public property.
3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Subdivider or their nominee successors or assigns, permits for the
construction of single-family residences subject to the provision of Section XIII.
SECTION XIII: BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any homes until the Director of Engineering and Building has determined that:
I 1. The sanitary sewer, water, and surface water drainage facilities required to serve such homes
are connected with an operational system as required herein, and installation of the bituminous
concrete base course pavement has been properly installed, and
2. Video tape of sanitary sewer system has been furnished and approved by the Public Works
Utilities Director and 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:
1. Street Tree Plans and Landscape Plans as required by Section III E (3) and Section III E (4) of
this Agreement have been approved.
SECTION XIV. FINANCIAL GUARANTEES:
8
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 March 8, 2005 in the amount of $690,050.00 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.
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Saxhorn Reserve Subdividers Agreement
I a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter
of Credit, but attributable to the subject development shall be provided to the City.
b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Director of Engineering and
Building with a written request accompanied by: invoices for work completed for which a release
is being requested, breakdown of invoices in the format of the Public Improvement Cost
Breakdown form, and signed original lien waivers for all work which is subject of release request.
The Director of Engineering and Building will process all requests in accordance with policies
adopted by the Finance Committee, as may be amended from time to time.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $7,500.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation
of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing, to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Subdivision. This provision
constitutes the Subdivider's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Subdivider's waiver of notice and consent to all special
assessment proceedings as described in Sec. 66.60 (18), Wis. Statutes. I 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
I 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:
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Soxhorn Reserve Subdividers Agreement
I Planning Department
City of Muskego
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
Planning@ci.muskego.wi.us
To Subdivider:
Creative Homes Inc.
Mr. Rick J. Przybyla, President
9244 Robert MacDonald Court
Franklin, WI 53132
(414) 529-0958
(414) 529-5034 facsimile
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 I by the party.
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Page 12
Saxhorn Reserve Subdividers Agreement
I 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. CREATIVE HOMES, INC.
By:
Rick J. Przybyla, President
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me this Rick J. Przybyla, President of Creative Homes,
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
IIN 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
WAUKESHA COUNTY)
PERSONALLY came before me this 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 by its authority and pursuant to the authorization by the Common Council
from their meeting on the10~~~yofjÛne;2()03.
I Notary Public-State of Wisconsin
My Commission Expires
Page 13
Saxhorn Reserve Subdividers Agreement
I
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Suþ.~ivi~~r';Agre.erT1~n! f8r Soxhorn
Reserve Subdivision, Muskego, Wisconsin, as entered into on the ~p!~daYQfJYf11!?;~~~~, by and
between Creative Homes, Inc. and the City Of Muskego, pursuant to the authorization by the Common
Council from their meeting on thelOthq9y()f~qrîE;î;~~~~.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This 26th day June, 2003.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning I City of Muskego
PO Box 749
Muskego, WI 53150
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BOXHORN RESERVE
RETENTION POND MAINTENANCE AGREEMENT
This Agreement is made and entered into by and
between Creative Homes, Inc., (hereinafter referred to as "Subdivider"), the incorporated
Boxhorn Reserve Owners Association, Inc. a non-stock corporation (hereinafter the
"Association") and the City of Muskego, a Municipal Corporation located in the County of
Waukesha and the State of Wisconsin, (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for
Boxhorn Reserve Subdivision (the "Subdivision"), being a part of the lands described as:
Being part of the Southeast % and the Southwest % of the Northeast % of
Section 24, Township 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southwest corner of said Northeast 1/4; thence N 01025'14"
W along the West line of said Northeast % 33.01 feet to the point of beginning
of lands to be described; thence continuing N 8r32'08" E, 1398.57 feet to the
West Right of Way of C.T.H. "00" and the arc of a curve; Thence Southerly,
475.52 feet along said Right of Way and the arc of a curve whose center is to
the East, whose radius is 1687.02 feet and whose cord bears S 07041'39" E,
473.95 feet to an angle point; Thence S 10047'10" W along said Right of Way,
163.30 feet to the north Right of Way of Soxhorn Drive; Thence S 87032'01" W
along said Right of Way. 1415.84 feet to the place of beginning, containing
20.5432 acres of land, and hereinafter referred to as the "Subdivision", and
WHEREAS, The City has approved the plat of Boxhorn Reserve and the construction of
storm water retention ponds within outlots on the Property; and
WHEREAS, The Subdivider has received various City permits, Army Corps of Engineers
permits, and Wisconsin Department of Natural Resources permits hereinafter referred
to as DNR permits to construct Boxhorn Reserve Subdivision; and
WHEREAS, Boxhorn Reserve Subdivision is upstream from Big Muskego Lake and
Bass Bay, and the City and DNR has expended great effort and expense to remove
sediment and rough fish from Big Muskego Lake; and
WHEREAS, The City and the DNR has established certain requirements for retention
ponds and storm water management to be constructed in Boxhorn Reserve Subdivision
to minimize flooding and sediment migration to Big Muskego Lake and adjacent
wetlands and other tributary properties and to prevent rough fish propagation and
reintroduction into Big Muskego Lake; and
WHEREAS, The Subdivider has established Boxhorn Reserve Owners Association
consisting of the owners of Parcels 1-19 inclusive, hereinafter referred to as the
"Association", which shall become the owner of certain outlots upon recording of the
final plat and the Boxhorn Reserve Declarations of Protective Covenants. Upon
completion of the storm water retention ponds the Association shall be responsible for
the maintenance of the retention ponds constructed thereon; and
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Boxhorn Reserve
Retention Pond Maintenance Agreement
Page 2
WHEREAS, the City intends to reserve the right to enforce the requirement that the
storm water retention pond areas are maintained in a manner consistent with DNR
requirements and with this agreement and the storm water management plan dated
August 16, 2004 on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm Water Management ordinance;
NOW THEREFORE, in consideration of the mutual covenants and agreements.
IT IS AGREED, as follows:
1. The Association, unless otherwise provided for in the Storm Water Management
Plan, shall be responsible for maintenance of the storm water management
measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved Storm Water Management Plan dated August 16,
2004, on file in the offices of the City of Muskego Building Department as required
by the City of Muskego Storm water Management Ordinance.
3. The City of Muskego is authorized to access the Property to conduct inspections of
storm water practices as necessary to ascertain that the practices are being
maintained and operated in accordance with the approved storm water management
plan.
4. The Association, on an annual basis, shall provide maintenance of each storm water
management measure, including but not limited to, removal of debris, maintenance
of vegetative areas, maintenance of structural storm water management measures
and sediment removal.
5. Upon notification to the Association, by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be taken
within a reasonable time frame as set by the City of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association does not make the required corrections in the
specified time period. The costs and expenses shall be entered on the tax roll as a
special charge or special assessment against Lots 1-19 inclusive on an equal basis
and collected with any other taxes levied thereon for the year in which the work is
completed.
7. The Subdivider shall deposit in a segregated account with the City three thousand
dollars ($3,000.00) to cover the estimated costs associated with the pond draw
downs necessary for the first five (5) years. Upon commencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice the Boxhorn
Reserve Owners Association in an amount sufficient to return the account balance to
one thousand dollars ($1,000.00). Said billing shall occur prior to November 1 of
each calendar year, to cover the costs associated with the pond draw downs in the
following year.
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Soxhorn Reserve
Retention Pond Maintenance Agreement
Page 3
8. Any annual costs in excess of the $1,000.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the Association.
Costs not paid shall be placed in equal amounts as a special assessment or special
charge on the tax bills for the residential lots. If the Owners Association has not
been released by Subdivider upon commencement of the sixth (6) year, the
Subdivider shall deposit a minimum of one thousand dollars ($1,000.00) per year for
each year said incorporation does not occur, plus any additional costs as deemed
necessary by the City.
9. This document is a part of the Boxhorn Reserve Subdivider's Agreement, which
terms are incorporated herein, shall be recorded with the Waukesha County
Register of Deeds and shall be a covenant running with the land and binding upon
all owners of said land.
IN WITNESS WHEREOF, Subdivider has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
A. CREATIVE HOMES, INC.
By:
Rick J. Przybyla, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me Rick J. Przybyla, President of
Creative Homes, Inc. to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
I
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Soxhorn Reserve
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the incorporated Boxhorn Reserve Home Owners
Association, Inc. has caused this Agreement to be signed by its appropriate officers
and their seals to be hereunto affixed in duplicate original counterparts on the date and
year first written above.
B. BOXHORN RESERVE OWNERS ASSOCIATION, INC.
By:
Rick J. Przybyla, Director
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me Rick J. Przybyla,
Director, to me known to be the persons who executed the foregoing instrument and
acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
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Soxhorn Reserve
Retention Pond Maintenance Agreement
Page 5
IN WITNESS WHEREOF, City has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
By:
Janice Moyer, City Clerk/Treasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
Personally came before me the above named Mark A.
Slocomb, Mayor and Janice Moyer, City Clerk/Treasurer, of the above-named municipal
corporation City of Muskego, to me known to be the persons executed the foregoing
instrument, and to me known to be such Mayor and City Clerk/Treasurer of said
municipal corporation, and acknowledged that they executed the foregoing instrument
as such officers as the deed of said municipal corporation by its authority and pursuant
to the authorization by the Common Council from their meeting on the ggtbââYQf
Fe bruáry; 2004.
Notary Public, Waukesha County, Wisconsin
My commission expires
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Saxhorn Reserve
Retention Pond Maintenance Agreement
Page 6
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Boxhorn Reserve Subdivision, Muskego, Wisconsin, as
entered into on thisidâÝÓf------..,2Q03 by and between Creative Homes, Inc., the
incorporated Boxhorn Reserve Owners Association, Inc. and the City of Muskego,
pursuant to the authorization by the Common Council from their meeting on the 25th day
of Gêbruary,2QQ3.
BY THE COMMON COUNCIL
Jaince Moyer, CMC
City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of . 2005.
Notary Public, Waukesha County, Wisconsin
My commission expires
THIS INSTRUMENT DRAFTED BY JEFF MUENKEL, CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
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SOXHORN RESERVE STORM WATER MANAGEMENT PLAN
The City of Muskego Storm Water Management Ordinance requires the filing of a storm
water management plan and grading plan. The grading plan including all hydraulic
calculations, together with storm sewer plans and appurtenant storm water structures,
has been filed by the Subdivider's engineer with the City of Muskego. Such information
was utilized by the City of Muskego to evaluate the environmental characteristics of the
area affected by the land development activity in Soxhorn Reserve, the potential impacts
of the development upon the quality and quantity of storm water discharges, the
potential impacts upon water resources and drainage systems and the effectiveness
and acceptability of proposed storm water management measures in meeting the
performance standards set forth in the storm water ordinance.
The intent of this storm water management plan is to set forth specific storm water
management measures to guide the Subdivider, the City of Muskego and the Soxhorn
Reserve Owners Association regarding the management of storm water in Soxhorn
Reserve Subdivision. Storm water management measures shall not be limited to those
expressed in this plan which may be expanded upon by the Wisconsin Department of
Natural Resources, the City of Muskego or any other party having jurisdiction. This plan
shall be broken down into three sections:
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE SUBDIVIDER
The Subdivider shall at its expense:
1. Create the above referenced grading plans, hydraulic calculations, storm sewer,
and drainage plans and after approval of same by the City of Muskego file all
such approved plans with the City.
2. The Subdivider shall improve the site by constructing said grading and storm
water conveyance systems together with all specified erosion control measures
including final stabilization of the site, all in accordance with the Subdivider's
Agreement and approved plans on file with the City.
3. The Subdivider shall construct the storm water retention pond to be contained in
an Outlot in Soxhorn Reserve. The Subdivider shall as-built the finish grade of
the pond and provide the as-built plans to the City and Soxhorn Reserve Owners
Association. The Subdivider shall also provide a bench mark at the pond to be
illustrated on the as-built drawings.
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Boxhorn Reserve
Stormwater Management Plan
Page 2
4. The Subdivider upon completion of the above referenced improvements shall
convey by final plat and deed restrictions the improvements to Boxhorn Reserve
Owners Association, which shall be responsible for carrying out the storm water
measures on an ongoing basis expressed in this Plan. It is understood that
private ownership and maintenance of the storm water management
improvements, including storm sewers within Boxhorn Reserve Subdivision
commences outside of City owned rights-of-way. All improvements contained
within the City owned rights-of- way shall be the responsibility of the City to own
and maintain.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY
The City of Muskego and the Department of Natural Resources (DNR) have expended
great effort and expense to remove sediment and rough fish from Big Muskego Lake.
The City and the DNR have established certain requirements for retention pond and
storm water management within Boxhorn Reserve Subdivision to minimize flooding and
sediment migration to Big Muskego Lake, adjacent wetlands, and other tributary
properties, to prevent rough fish propagation and reintroduction into Big Muskego Lake.
To assure quality control the City of Muskego is willing to administer an annual "draw
down" of each retention pond that will result in reducing the depth of the water during
the cold months of the year. This draw down of the depth of the storm water pond will
freeze-out all fish resulting in a rough fish free pond thereby minimizing the risk of
reintroduction of rough fish during flooding conditions into the navigable stream which is
tributary to Muskego Lake. The City shall also administer an annual inspection of the
storm water retention pond to monitor any build-up of sedimentation on the floor of the
pond.
Under Section 1, the Subdivider shall provide the City with an as-built drawing of the
pond after construction together with a bench mark at each pond which data shall
become the basis for measurement of sediment build-up. The costs and expenses for
the City to provide these services shall be entered on the tax roll as a special charge or
special assessment against the residential properties located in Boxhorn Reserve
collected with any other taxes levied thereon for the year in which the work is completed.
Set forth below, is an outline of the City's responsibilities which has been agreed to by
the DNR:
1. City of Muskego shall administer draw down and inspect for sediment build-up.
Draw down of the retention pond shall occur annually, generally within the first
two weeks of November. Draw down may only occur after determination that
sediment build-up will not be transported through the 4" discharge pipe. If
sediment build-up has occurred above the invert elevation of the discharge pipe
it must be removed prior to draw down. Draw down gate valves shall be closed
within one week of commencement of the draw down.
2. Sediment build-up in pond shall be determined on an annual basis and shall be
recorded in a log. Removal of sediment shall be administered by the Owners
Association according to Section 3.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE BOXHORN RESERVE
OWNERS ASSOCIATION
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Boxhorn Reserve
Stormwater Management Plan
Page 3
An incorporated association of the owners of all single family lots in Soxhorn Reserve
has been created for the purposes of managing and controlling Common Areas
including the outlot which contains the storm water retention pond. This owner's
association is formally titled Soxhorn Reserve Owners Association, and it is referred to
herein as the Association.
The ownership and maintenance including all payment of associated costs for the storm
water retention pond shall be the responsibility of the Association. The guidelines set
forth below shall not limit additional measures which may from time to time be mandated
by the City, DNR or any other party having jurisdiction:
1. The Association on an annual basis, shall provide maintenance of each storm
water retention pond, including but not limited to, removal of debris, maintenance
of vegetative areas, maintenance of storm water structures, emergency
overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of sediment
in the floor of the storm water retention pond. When sediment build-up reaches
15", the City shall notify the Association to remove the sediment. The DNR has
required that any pumping of sediment laden water by contractors shall be
filtered through a temporary sediment basin appropriately sized prior to being
discharged into the creek or wetlands.
3. The Association shall be responsible for water quality in the storm water
retention pond including removal of weeds and algae control.
4. Upon notification to the Association, by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be taken
within a reasonable time frame as set by the City of Muskego.
5. The City of Muskego is authorized to perform the corrective actions identified in
the inspection report if the Association does not make the required corrections in
the specified time period. The costs and expenses shall be billed to the
Association, and if unpaid, shall be entered in equal amounts on the tax roll as a
special assessment or special charge against the residential Parcels in Soxhorn
Reserve, collected with any other taxes levied thereon for the year in which the
work is completed.
THIS INSTRUMENT DRAFTED BY JEFF MUENKEL, CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
Approved by Public Works Committee August 16, 2004
PUBLIC IMPROVEMENT COST BREAKDOWN
BOXHORN RESERVE
t Beg. Bal ADJ.BAL.
#1 ROAD CONSTRUCTION
a. Excavation to subgrade $10,000.00 $10,000.00
b. Stone base material $17,500.00 $17,500.00
c. Bituminous base course pavement $25,000.00 $25,000.00
d. Bituminous surface course pavement $15,000.00 $15,000.00
e. Concrete pavement $0.00 $0.00
f. Other $0.00 $0.00
g. Engineering Inspections $4,000.00 $4,000.00
$71,500.00 $0.00 $71,500.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading $50,000.00 $50,000.00
b. Drainage ditch construction $10,000.00 $10,000.00
c. Retention pond construction $45,000.00 $45,000.00
d. Parking area construction-incl pavement $0.00 $0.00
e. Tree & shrub plantings $18,000.00 $18,000.00
f. Landscaping as specified by City $0.00 $0.00
g. Erosion control $6,000.00 $6,000.00
h. Engineering Inspections $2,000.00 $2,000.00
i. Other $0.00 $0.00
$131,000.00 $0.00 $131,000.00
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $5,000.00 $5,000.00
t b. Terrace areas - in ROW $10,000.00 $10,000.00
c. Drainage ditches $3,000.00 $3,000.00
d. Retention ponds $12,000.00 $12,000.00
e. Areas as specified by City $0.00 $0.00
f. Engineering Inspections $2,000.00 $2,000.00
g. Other $0.00 $0.00
$32,000.00 $0.00 $32,000.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $25,000.00 $25,000.00
b. Sidewalk $0.00 $0.00
c. Blvd.ltraffic islands $0.00 $0.00
d. Ditch inverts $0.00 $0.00
e. Engineering Inspections $3,000.00 $3,000.00
f. Other $0.00 $0.00
$28,000.00 $0.00 $28,000.00
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $117,000.00 $117,000.00
b. Laterals $29,000.00 $29,000.00
c. Dumping station & Generator $0.00 $0.00
d. Force main $0.00 $0.00
e. Grinder pumps &chamber-indiv dwelling $0.00 $0.00
f. Engineering Inspections $8,000.00 $8,000.00
t g. Other (Cleaning By Contractor & TV by City) $3,000.00 $3,000.00
$157,000.00 $0.00 $157,000.00
Page 1 of 2
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PUBLIC IMPROVEMENT COST BREAKDOWN
BOXHORN RESERVE
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering Inspections
f. Other
#7 STORM SEWER SYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Laterals
e. Headwalls/discharge structures
f. Engineering Inspections
g. Other
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
t d. Erosion Control/Vegetation Retainage
e. Other
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#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for w/s (on-site)
d. Legal
e. Land acquisition
f. Other
TOTAL PROJECT ESTIMATE
LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included
in total Project Estimate**
Beg. Bal ADJ. BAL.
$101,500.00 $101,500.00
$12,000.00 $12,000.00
$21,000.00 $21,000.00
$0.00
$6,500.00 $6,500.00
$0.00
$141,000.00 $0.00 $141,000.00
$56,000.00 $56,000.00
$10,500.00 $10,500.00
$0.00 $0.00
$10,000.00 $10,000.00
$2,100.00 $2,100.00
$5,000.00 $5,000.00
$0.00 $0.00
$83,600.00 $0.00 $83,600.00
$4,000.00 $4,000.00
$450.00 $450.00
$0.00 $0.00
$30,000.00 $30,000.00
$0.00 $0.00
$34,450.00 $0.00 $34,450.00
$2,000.00 $2,000.00
$0.00 $0.00
$9,500.00 $9,500.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$11,500.00 $0.00 $11,500.00
$690,050.00 $0.00 $690,050.00
$40,000.00
Page 2 of 2