CCR2006143.
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COMMON COUNCIL - GITV OF MUSKEGO
RESOLUTION #143-2006
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT
AND LETTER OF CREDIT
Oakridge Glen Subdivision
WHEREAS, A Final Plat was submitted on April zr, ~~006 by Wayne Borchardt for the Oakridge
Glen Subdivision located in the NE 1/4 and SE 1/4 of Section 3 to create 48 single-family lots,
12 two-family lots, 2 four-Ifamily lots and threE~ outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 075-
2006, as amended; and
WHEREAS, The Subdivieler's Agreement and Letter ::>f Credit have been received for the
Oakridge Glen Subdivision and the Finance Committl'3e has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon the recommendation of the Plan Commission, c10es hereby approve the Final Plat for the
Oakridge Glen 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, élnd the conditions outlined in
Resolution #P.C. 075-2006, as amended.
BE IT FURTHER RESOLVED That the Subdividl3r's /\greBment and Letter of Credit for the
Oakridge Glen Subdivision, as attached, are hereby approved subject to approval of the City
Attorney and City Engineer, all of said approvals to b'13 obtained within thirty (30) days of the
date of approval of this Rl3solution or the same will bB 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 anel Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of thl3 City, and that the Mayor, in consultation with
the City Attorney, may make any necessary technica, corrections.
DATED THIS 11th DAY OF JuhL___, 2006.
SPONSORED BY:
FINANCE COMMITTEE
,Ll,ld. Nancy C. Salentine
jl,ld. Eileen Madden
jl,ld. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #143-2006 which was
adopted by the Common Council of the City of MluSkBgO.
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BORCHARDT FAMILY TRUST. CITY OF MUSKEGO
. OAIKRIDGE GLEN SUIBDIVIDER'S AGREEMENT
This Agreement, made this , 2006 by and between Borchardt Family Trust, (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 Final Plats for Oakridge Glen
Subdivision (the "Subdivision"), a part of the lands described as:
A Redivision of Lot 1 of CertifiEld Survey Map No. 10174, bein~1 part of the Southwest % of the Northeast
%, and of the Northwest 1/4 and of the Southwe,st 11/4 of the Southeast 1/4 of Section 3, Township 5
North, Range 20 East, in the city of Muskego, WaukE!sha County, Wisconsin bounded and described as
follows: Commence at the South % corner of said Section 3; tl1ence NOo024'OO"W 672.60 feet along the
North-South 1 /4 line of said Section 3 to the point of beginning of this description; run thence
NOo024'OO"W 1977.66 feet along said North-South 1/4 line to the Center of said Section 3; thence
NOo019'58"W 302.09 feet along the North-South 1/4 line of sélid Section 3; thence N8801T32"E 745.40
feet; thence SOo026'48"E 302.07 feet to the East-Wl3st '1/4 line of said section 3; thence N8801T32"E
254.29 feet along said 1/4 line; thence S00028'05"1:: 2217.86 feet to the North line of Martin Drive;
thence N7900TOO"W 351.13 feet along said NOrt~1 line of Martin Drive to a point on a curve of
Northeasterly convexity whose radius is 550.00 fE~et and whose chord bears N71 058'31 "W 136.75 feet;
thence Northwesterly 137.10 fl3et along the arc of said curve and the North line of Martin Drive; thence
. N7900TOO"W 539.00 feet to the point of beginningl,
the Final Plat(s) of which will be recorded with the Reøister 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 I:=ngineers, the City's Public Works Committee, Public Utility Committee
and Finance Committee have duly approved, contin~lEmt of cørtain 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 Oakridge Glen 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 62 parcels platted for single family and
multi family residential use and three outlots plattl3d for stormwater, conservation, and institutional
purposes, all being under tile Provisions of Chapters 17 and 18 of the Municipal Code, and under the
auspices of RS-2 Suburban Residence District, RSA Attached Single-Family District, and RSA/OIP
Attached Single-Family District with a Institutional and Public Service Overlay District.
e
e2.
e1.
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Oakridge Glen Subdividers Agreement
a) 48 Single-family parcels shall conform to the zoning requirements of RS-2 Suburban Residence
District. The RS-2 Suburban Residence District allows parcels of 20,000 square feet in area, 110
feet in average lot width, having street yard setbéllcks of 40 feet, side yard offsets of 15 feet on
one side and 20 feet on all other sides.
b) 14 parcels shall conform to the zoning requirel'nents of RSA Attached Single-Family District. The
RSA Attached Single-Family District allows multi-family structures of one unit per 10,000 square
feet of land area havin~~ street yard setbacks of 40 feet and side/rear yard offsets of 15 feet. 12
platted lots on the plat are allowed two-family structurÐS and two platted lots (Shown as greater
than 40,000 square fÐet) are allowed four-family structures. The four-family structures are
required to receive Planning Commission Building, Site, and Operation Plan approval before
building permits can be released.
c) Outlot 1 shall be resel"Ved for conservation purposes and shall be owned and maintained by
Owners Association.
d) Outlot 2 shall be reserved for stormwater purposes and shall be owned and maintained by
Owners Association.
e) Outlot 3 shall be reserved for future Institutional purposes and shall be owned and maintained by
the developer until a digvelopment is ready to be~lin. Any future Institutional development shall
be first received Planning Commission Buildin~~, Site, and Operation plan approval.
f) Preservation easements are found throughout the platted area. The preservation easements are
to be strictly prohibited from any grading or development.
Subdivider shall entirely at its expense:
a) Concurrent with the eXElcution of this AgreE~ment tEI!nder an Irrevocable Standby Letter of Credit in
the amount required herein for the construction of improvements required by this Agreement. No
construction activity mélY commence until this Agn:lemÐnt has been executed and recorded, and
the Letter of Credit has been tendered.
b) Concurrent with the eXÐcution of this Agreement, provide the City with title evidence showing that
upon recording the Plat, the City will have !~ood, 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 A~}reement by the Common Council, the Subdivider shall
execute this Agreement, shall cause this AgrE!ement to be recorded at the Waukesha County
Register of Deeds, and shall provide City with ,evidl:lnce of recording.
d) Within six (6) months of approval by all approvl!ng Gluthorities and waiver of objection by all
objecting authorities, the Subdivider shall caUise the final plat of Oakridge Glen 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
Subdivider and City agree that final platting and the installation of public and private improvements
described in Section III shall occur in one phase.
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Oakridge Glen Subdividers Agreement
. SECTION III: IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plans and specifications approved
by the Public Works Committee on May 15, :2006, 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 Engim~ering and Building and Public Works
Committee as indicated in the plans and sp1::lcifications on file with the Engineering and Building
Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street si<gns, street Ii!~hts, traffic signs and posts, including the
cost of their installation.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
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1. Construct, install, furnish and provide facilities as clpproved by the Director of Engineering and
Building and Public Works Committee on May 15, 200ß for storm and surface water drainage
throughout the entire Subdivision and off site! improvements as necessary, 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 Buildinl;) and Enginl::lering Department. The City retains the
right to require the Subdivider to install at Subdivider's cost additional storm drainage and erosion
control measures prior to acceptance of improvements by tine City of Muskego.
2. Grade and improve all lots, on and off site, in conformance with the Master Grading Plan as
approved by the Director of Engineering and Building and Public Works Committee on May 15, 2006
all in accordance with the plans and specifications on file in the City Building and Engineering
Department. Restore with Itopsoil and seed. Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
4. Execute and record a Retention Pond Maintenance Agreement in the form attached hereto, which
document shall be incorporated herein and made part hereof, as approved by the Director of
Engineering and Building and Public Works Committee on May 15, 2006 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 pmpetuity, 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
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Oakridge Glen Subdividers Agreement
. Committee on May 15, 2006 all in accordancl3 with the plans, specifications and drawings on file in
the City Building and Engineering Department.
2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary
sewer systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
D. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout th43 entire Subdivision, andil1cluding off site improvements necessary to
provide such system, as approved by the Director of En~lineering and Building and Public Utilities
Committee on May 15, 2006 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 hydrémts for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punell list items concerning the water system prior to
connection of any building to the water system.
. E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees in accordance with landscape plans to be
approved by the Plan Commission. Tree mitigation is solely up to City Forester approvals.
2. Remove and lawfully dispose of destroyed treHs, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
3. Plant street trees without cost to City in accordance with SHction 18.60 of the Muskego Land Division
Ordinance and the adopted Urban Forestry lv1anagenlent 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 approved by the Planning Director and City ForElster prior to the release of occupancy permits.
Planting may be deferred Ulntil the time that ninety pen:ent (90%) of the homes have been completed
or thirty-six (36) months after installation of the first lift of asphalt, whichever comes first.
F. EROSION CONTROL MEASURES:
1. Submit to the City, an application for a Land Disturbin~1 Permit in accordance with the Erosion
Control Plan as approved in accordance with the requireml3nts of Section 29.06 of the City's Erosion
Control Ordinance by the Director of Engineering and Building and Public Works Committee on May
15, 2006 and in accordance with the plans and spHcifications 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, on and off-site, in accordance with the
Erosion Control Plan as approved by the Directol" of En~lineering and Building and Public Works
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Oakridge Glen Subdividers Agreement
. Committee on May 15, 2006 and in accordance with the plans and specifications on file in the City
Building and Engineering Department. No construction or grading can begin until said permit is
issued by the City, and no Igrading shall occur without a two (2) day notice to the City. Initial Gradinq
shall be limited on the Lots 12-14, 21-23, and 32-34 to protect the tree orowth on these lands.
These lots will have individual qradinq plans. which wlill be submitted to the City of Muskeqo prior to
house construction. The individual oradino (llans shall work around existinq trees to the qreatest
extent possible in order to preserve the future treeJlæ,Nth in the area.
3. Install silt fencing in conformance with the approv1ed Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
4. Install construction or silt fencino around the initialjl.@I;!i.n9...1imits of Lots 12-14. 21-23, and 32-34 and
at the boundaries of the rest of the Preservation EasE~ments shown on the approved plat in order to
assure the tree qrowth in and around these Ilots are not affected durinq construction of the
subdivision.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for final surface course of pavement as described
herein, shall be completed by the Subdivider within one (1) year from the signing of this Agreement
except if an earlier date is provided for in the Agreement. The final surface course of pavement may be
deferred until ninety percent (~~O%) of the homes havE! bl:len substantially completed, or thirty-six (36)
. months after the installation of the first lift of asphalt, whichever comes first.
If the final surface course of pavement, is not complleted within twelve (12) months of the date of this
Agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such
time as the final surface courSE~ of pavement is completed,
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final
surface course pavement, such notice shall be considered a failure to complete improvements in
accordance with this agreement and shall entitle the City to immediately draw against the Letter of
Credit.
SECTION V : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to r,eimburse 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 Geoglraphic 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 Muske!go élnd 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
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Oakridge Glen Subdividers Agreement
Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City, upon . completion of the above described improvements, unconditionally give, grant, convey and fully dedicate
the streets, sanitary sewers, watermains, storm water drainagB facilities (excluding those facilities which
are to be owned and maintained by Oakridge Glen Homeowners Association, Inc.) to the City, its
successors and assigns, forever, free and clear of all enGumbrances (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 instalh3d, when all said utilities have been completed
and approved by the City Engineers and other agemCÏl3s as applicable.
Dedication shall not constitute acceptance of any impmvement by the City. The City shall not accept the
dedication of any improvements which do not fully comply with City standards and specifications. Claims
of financial hardship by the Subdivider shall not be Gonsidered a reason for the City to accept
substandard materials or work.
At such time as all improvements are completed and aGceptable as called for under this Agreement, and
all approvals have been receivisd from regulatory agendes, such improvements shall be accepted by the
City by separate Resolution. The Resolution of ACGeptancl3 shall be recorded with the Waukesha
County Register of Deeds.
The City shall have the right to connect to or inte!~ratE! other utility facilities with the improvements
provided herein without payment, award, or consent required of the Subdivider.
.
SECTION VII: INSPECTION ANID 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 aft,er billinø, all fees, expenses and disbursements which
shall be incurred by the City prior to and following thE! date hereof in connection with or relative to the
construction, installation, dedication and acceptance! of thE! improvements covered by Section III,
including without limitation by reason of enumeration, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
compliance with the applicable plans, specificatiom~, regulations and ordinances; and legal,
administrative and fiscal work undertaken to assure and implement such compliance. Failure to payor
reimburse the City in a timely manner may cause Ithe City to CE!ase all construction inspections until such
time as all anticipated or outstanding inspection and administration fees have been satisfied.
SECTION VIII: MISCELILANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Director of
Engineering and Buildings prior to the Final Plat being signed, provided such easements are along
lot lines or to the rear of thH lots and are not any more restrictive to the building of homes beyond the
applicable side yard and oflfset distances required by tile zoning for such lots.
.2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner..
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Oakridge Glen Subdividers Agreement
SECTION IX: GENERAL CONDITIONS AND REGULATIONS .
Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by
reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully
as if set forth at length herein. This Agreement and all work and improvements required hereunder shall
be performed and carried out in strict accordance with anel subject to the provisions of said ordinances.
SECTION X: GUARANTEES
The Subdivider shall guaranteH the public roads and stree,ts, sanitary sewers, watermains, surface water
drainage improvements and all other improvements described in Section III, against defects due to faulty
materials or workmanship provided that such defects appear within a period of one (1) year from the
date of acceptance. The Subdivider shall pay for any damages to City property resulting from such
faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for
negligent workmanship or matl~rials. Wisconsin law on negligence shall govern such situation.
SECTION XI : GI:NEF~L INDEMNITY
In addition to, and not to the Hxclusion or prejudice of, any provisions of this Agreement or documents
incorporated herein by reference, Subdivider shall ind1amnify and save harmless, and agrees to accept
tender of defense and to dafend and pay any and all masonable 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 independe!nt contractors growing out of this Agreement as
stated above by any party or parties except those clairns asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agmeme!nt. The Subdivider shall also name as . additional insured on its general liability insurance, the! City, its officers, agents, and employees, and any
independent contractors hired by the City to perform service as to this Subdivision and give the City
evidence of the same upon request by the City.
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims, damages, losses, and
expenses, including attorney's fees arising out of or resulting from the performance of the Work,
providing that any such claim, damage, loss, or expense (i) is attributable to bodily injury,
sickness, disease, or death, or to injury to or de!struction 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 tlh13m 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, indepemdent contractors, and! lamployees by the Subdivider, its officers, agents,
independent contractors, employees, and anyone directly or indirectly employed by any of them
or anyone for whose acts any of they may be Ihl31d 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 Ithe 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 carryin~1 out any of the provisions of this Agreement or in
exercising any power or authority granted to therr thereby, there shall be no personal liability of
the City officers, agents, independent contractors, or Hmployees, it being expressly understood
and agreed that in such matters they act as agle,nt~~ and representatives of the City. .
.
.
.3.
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Oakridge Glen Subdividers Agreement
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, finEls, costs or loss (including reasonable fees for
attorneys, consultants, and experts) that alrise CIS a result of the presence or suspected presence
in or on the real property dedicated or convey,sd to the City by, under, pursuant to, or in
connection with the Plat and this Agreement (Iincliudin!~ but not limited to street right-of-way) of
any toxic or hazardous substances arising from any ac:tivity occurring prior to the acceptance of
all improvements. Without limiting the generality of the foregoing, the indemnification by the
Subdivider shall includH costs incurred in COnl113cÌllon 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 ()the~r receptor. The City agrees that it will immediately
notify Subdivider of thl3 discovery of any contamination or of any facts or circumstances that
reasonably indicate that such contamination may l~xist 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 preSE!r1Ce of contamination on the subject property as
identified by local, state, or federal agencie,s in ord'3r to comply with applicable laws.
d) Subdivider shall, at its expense, obtain and Ci3I"ry comprehensive general liability insurance with
combined single limits of at least One Million [)ollalrs ($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 highel" amounts as the City shall from time to time
deem reasonable). Such policy shall c:ove~r 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 A.greE~ment. Each such policy shall provide that no
act or default of any person other than the City or its aøents shall render the policy void as to the
City or effect the City's right to recover thereon.
SECTION XII: AGREEMENT FOR !BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement
shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the
Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing
the work provided for under this Agreement, by applicable Ordinances and as set forth in the plans and
specifications on file in the City Building and Engineering Department.
SECTION XIII CONSTRUCTION PERMITS. ETC...
The City shall, within its authority:
1. Issue such permits, adopt such resolutions, and exec:ute :)uch 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 mgullations.
2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the
previous described improvElments in any public: street or pu blic property.
Cooperate with the Subdivider in obtaining similar pmmits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the piiemises.
Page 9
Oakridge Glen Subdividers Agreement
4. Make available to the Subdivider or their nominl3e successors or assigns, permits for the
. construction of single family residences subject to tile provision of Section XIII.
SECTION XIV: BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no buildin!~ permits or occupancy permits shall be issued for
any homes until the Director of Engineering and Buïldilng has determined that:
1. The sanitary sewer, water, and surface water draina!~e facilities required to serve such homes are
connected with an operational system as required herein, and the installation of the bituminous
concrete base course pavement has been properly installed, and
2. Deed Restrictions and the Hetention Pond Maintenance Agreement have been recorded, and
3. Video tape of sanitary seWHr system has been completed by the Utilities Department, and the results
found acceptable by the Utility Superintendent" and
4. Certification is provided to the Director of En~lineerinn and Building by a Registered Land Surveyor
that all lot grades conform to the Master Grading Plan, and
5. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning
Director.
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Planning Director has determined that:
.
1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
SECTION XV: FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider
shall file with the City a Letter of Credit setting fortll terms and, conditions approved by the City
Attorney and Finance Committee on May 9, 2006 in the amountof$2,000,OOO as a guarantee that
the required plans, improvements, and improvemEmts will be completed by the Subdivider and its
subcontractors no later théln one (1) year from signing of the Agreement, except if another date is
provided within this Agreement and as a further ~lllaranteE! that all obligations to the subcontractors
for work on the Subdivision are satisfied.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter
of Credit, but attributable to the subject development shall be provided to the City.
b) Reduction Of Letter Of Credit Balance: ThE~ Subdivider shall provide Director of Engineering and
Building with a written request accompanied by: invoicl3S for work completed for which a release
is being requested, breakdown of invoices in II:he format of the Public Improvement Cost
Breakdown form, and signed original lien waivers for all work which is subject of the release
request. The Director of Engineering and Building will process all requests in accordance with
policies adopted by the Finance Committee, as may be amended from time to time.
.2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $10,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credlit 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.
Page 10
Oakridge Glen Subdividers Agreement
. 3. PRESERVATION OF ASSI=SSMENT RIGHTSl:
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 A!~reement upon the Subdivision. This provision
constitutes the Subdivider's consent to the instêlllall:ion by the City of all improvements required by
this Agreement and constitutes the Subdivider's waiver of notice and consent to all special
assessment proceedin~}s as described in Sectiion Ei6.0703(7)(b), Wis. Statutes.
b) Remedies not exclusive. The City may USI~ any other remedies available to it under the
Agreement or in law or equity in addition to, or in Ih~u of, the remedies provided herein.
SECTION XVI: PARTIES EIOUND:
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, drainage facilities, ditches, landscaping and all ()thf~r 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 XVII: AMENDMENTS AND ASSIGNMENT:
. Subdivider shall not assign this Agreement without the writtEm 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 XVIII: NOTICES AND COHRESPONDENCE
Unless otherwise stated in this Agreement, the dl~livmy of all notices and correspondence shall only be
effective upon being delivered personally, sent by prepélid United States Postal Service certified mail
with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail
with return receipt requested, to all parties as follows:
To City:
Planning! Department
City of Muskego
POB 74B
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
.
To Subdivider:
Borchardt Family Trust
Attn: Wayne Borchardt, TrustelB
W234 S!5460 Big Bend Road
Waukesiha, WI 53186
(262) 542-3334
(262) 634-5024 facsimile (N, M, c~ E, S.C.)
Page 11
Oakridge Glen Subdividers Agreement
All notices shall be considered to have been delivered at the time such notices are personally delivered
. to each party, facsimile transmission, or electronic mail, or three (3) days after the date of postmark on
any prepaid certified letter.
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.
.
.
Page 12
Oakridge Glen Subdividers Agreement
SECTION XIX: PARTIES TO THE AGREEMENT .
IN WITNESS HEREOF, Subdivider has caused tlhis .AgrE!ement to be signed by its appropriate officers
and their seals to be hereunto affixed in duplicate orí!~inal counterparts on the date and year first written
above.
A. BORCHARDT FAMILY TRUST
By:
Wayne Borchardt, TrustE!e
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before l11e this 4th day of Novl;)mber, 2006, Wayne Borchardt, Trustee, to me
known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires .
.
Page 13
Oakridge Glen Subdividers Agreement
IN WITNESS HEREOF, City 11as caused this A~lreemert to be signed by its appropriate officers and
. their seals to be hereunto affixed in duplicate originatl counterparts on the date and year first written
above.
B. CITY OF MUSKEGO:
BY:
Charles Damaske, Mayor
BY:
Janice Moyer, City Clerk.Treasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before rne this 10th day of January, 2006, the above named Charles Damaske,
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 thøy e~)(ecuted the foregoing instrument as such officers
as the deed of said municipal corporation b~ ..its aU1thority.and pursuant to the authorization by the
Common Council from their mE~eting on the 13t day of Ðecember, 2005.
Notary Public-State of Wisconsin . My Commission Expires __
CERTIIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Oakridge
Glen Subdivision, Muskego, Wisconsin, as ente~red into on the 10th day of January, 2006, by and
between Borchardt Family Trust and the City Of Muskego, pursuant to the authorization by the Common
Council from their meeting on the 13th day of Dece!mbelr, 2005.
BY THE COMMON COUNCIL
Janic:e r/loyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This 10th day of January, 2006.
My commission expires
This instrument drafted by Jl~ff Muenkel, Director 4:>1f Pl1anning
. City of Muskego PO Box 074!9 Muskego, WI 53150-0749
OAKRIDGE GLEN SUBDIVISION RETEINTION POND MAINTENANCE AGREEMENT
.
This Agreement is made and entered into this1{)~hQâlyofJånuary[2006, by Borchardt
Loving Trust, (hereinafter referred to as "Subdivider"), the incorporated Oakridge Glen
Homeowners Association, Inc. a non-stock corporation (hereinafter the "Association")
and the City of Muskego, a Municipal Corporaticn 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 Final Plat for the
Oakridge Glen Subdivision (the "Subdivision"), being a part of the lands described as:
.
A Redivision of Lot 1 of Certified Survey Map No. 10H4, being part of the Southwest ~
of the Northeast ~, and of the Northwest 1/4 émd of the Southwest 1/4 of the Southeast
1/4 of Section 3, Township 5 North, Ran~le 20 East, in the city of Muskego, Waukesha
County, Wisconsin bounded and described as follows: Commence at the South ~
corner of said Section 3; thence NOoo24'OO'"VV 672.60 feet along the North-South 1/4
line of said Section 3 to the point of bI3!~inl1ing of this description; run thence
NOoo24'OO"W 1977.66 feet along said NOlih-South 1/4 line to the Center of said Section
3; thence NOoo19'58"W 302.09 feet along thE~ North-South 1/4 line of said Section 3;
thence N8801T32"E 745.40 feet; thence SOoo:26'48"E 302.07 feet to the East-West 1/4
line of said section 3,; thence N8801T32"E 254.29 feet along said 1/4 line; thence
S00028'05"E 2217.86 feet to the North Iim3 of Maltin Drive; thence N7900TOO"W 351.13
feet along said North line of Martin Drive to a point on a curve of Northeasterly convexity
whose radius is 550.00 feet and whose chord bEiars 1\J71058'31"W 136.75 feet; thence
Northwesterly 137.10 feet along the arc of said cllrve and the North line of Martin Drive;
thence N7900TOO"W 5,39.00 feet to the point of beginning,
WHEREAS, The City has approved the- plat of Oakridge Glen Subdivision and the
construction of storm water retention ponds within outlots on the Subdivision; 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 Oakridge Glen Subdivision; and
WHEREAS, Oakridge Glen Subdivision are upstream from Big Muskego Lake, and the
City and DNR has expended great effort and expense to remove sediment and rough
fish from Big Muskego Lake; and
WHEREAS, The City and the DNR have established certain requirements for retention
ponds and storm water management to be constructed in Oakridge Glen Subdivision to
minimize flooding and sediment migration to Big lV1uskego Lake and adjacent wetlands,
watersheds, and other tributary properties; and
WHEREAS, The Subdivider has established Oalcridge Glen Homeowners Association,
Inc. a non-stock corporation consisting of ttw owners of Parcels Lots 1-62 inclusive,
hereinafter referred to as the "Association", which shall become the owner of certain
outlots upon recordin~1 of the final plat and ()akridgE~ Glen Declarations of Protective
Covenants. Upon completion of the storm wêlter retention ponds the Association shall
. be responsible for the maintenance of the retention ponds constructed thereon; and
WHEREAS, the City intends to reserve the right to '3nforce the requirement that the
storm water retention pond areas are maintainE~d in a manner consistent with DNR
.
Oakridge Glen Subdivision
Retention Pond Maintenance Agreement
Page 2
requirements and with this Agreement and the Storm Water Management Plan dated
May 15, 2006 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 pmvid13d for in the Storm Water Management
Plan, shall be re,sponsible 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 May 15, 2006
on file in the offices of the City of Muske!~o Building Department as required by the
City of Muskego Storm Water Manage!men:t Ordinance.
3. The City of Muskelgo is authorized to access the Property to conduct inspections of
storm water practices as necessary to ascertain that the practices are being
maintained and op1erated in accordance with tl1e 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 mquire correction, the specified corrective actions shall be taken
within a reasonablel time frame as set by th'e City of Muskego.
6. The City of Muske!~o is authorized to penform the corrective actions identified in the
inspection report if the Association does not mak.e the required corrections in the
specified time period. The costs and expenSE~S shall be entered on the tax roll as a
special charge or special assessment against Lots 1-62 inclusive on an equal pro-
rata basis and collected with any other taxes levied thereon for the year in which the
work is completed.
7. The Subdivider shall deposit in a segregated account with the City three thousand
dollars ($3,000.00) to cover the estimated costs associated with the pond draw
downs necessary for the first five (5) years. Upon commencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice the Association in
an amount sufficient to return the account balance to one thousand dollars
($1,000.00). Said billing shall occur prior to I\lovember 1 of each calendar year, to
cover the costs associated with the pond drawdowns in the following year.
.
8. Any annual costs in excess of the $1,000.00 account balance, and which are
associated with the retention pond drawdow1s, 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 control of the Association has not
been turned over to the Lot Owners by Subdividm prior to commencement of the
sixth (6th) 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
.
.
.
Oakridge Glen Subdivision
Retention Pond Maintenance Agreement
Page 3
additional costs as deemed necessary by the City, until such time control is held by
the Lot Owners.
9. This document is êl part of the Oakrid~]e Glen Subdivider's Agreements, which terms
are incorporated herein, and shall be recorded with the Waukesha County Register
of Deeds and shall be a covenant runninø with the land and binding upon all owners
of said land and thl~ir successors in interest.
.
.
.
Oakridge Glen Subdivision
Retention Pond Maintenance Agreement
Page 4
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. BORCHARDT LOVING TRUST
By:
Wayne Borcharclt, Trustee
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this 4th day of November, 2006, Wayne Borchardt,
Trustee, to me known to be the person who e:<ecuted the foregoing instrument and
acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS WHEREOF, the incorporated Oakridgn Glen Homeowners Association,
Inc. has caused this Agreement to be si~~ned by its appropriate officers and their seals
to be hereunto affixed in duplicate original counte'parts on the date and year first written
above.
.
Oakridge Glen Subdivision
Retention Pond Maintenance Agreement
Page 5
B. OAKRIDGE GLEN HOMEOWNERS ASSOCIATION, INC.
By:
Wayne Borchardt
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before us this 10th clay of JanualY, 2006, Wayne Borchardt, to us
known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS WHER:EOF, City has causE3d 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:
Charles Damaske, Mayor
By:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
Personally came before me this 10th day of JanUary, 2006, the above named Charles
Damaske, Mayor and Janice Moyer, City Oerk-Treasurer, of the above-named
municipal corporation City of Muskego, to rrm klown 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 authorit~and
pursuant to the authorization by the Common Council from their meeting on the 13 h day
of December, 2006.
Notary Public, Waukesha County, Wisconsin
. My commission expires
.
.
.
Oakridge Glen Subdivision
Retention Pond Maintenance Agreement
Page 6
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Oakridge GIÐfI Subdivision, Muskego, Wisconsin, as
entered into on this 10th day of January, 2006 by and between the Borchardt Family
Trust, the incorporated Oakridge Glen Homeowners Association, Inc. and the City of
Muske~o, pursuant to the authorization by ttm Common Council from their meeting on
the 13t dayof December, 2006.
BY TI'-1E COMMON COUNCIL
-- Janice Moyer
City Clerk.Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this 10th day of January, 2006.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
OAKRIDGE GLEN SUBDIVISIONI STORM lWATER MANAGEMENT PLAN
The City of Muskeglo Storm Water Management Ordinance requires the filing of a
storm water management plan and graclin!~ plan. The grading plan including all
hydraulic calculations, together with storm SHwer 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 rviuskHgo to evaluate the environmental
characteristics of the area affected by the land dHvelopment activity in Oakridge Glen
Subdivision, the potemtial impacts of the dl3vHloprnent upon the quality and quantity of
storm water discharges, the potential impacts lIpon 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 mana~lement plan is to set forth specific storm water
management measures to guide the Subdivider, the City of Muskego and Oakridge
Glen Homeowners Association, Inc. reglarding the management of storm water in
Oakridge Glen 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 gradin!~ plans, hydraulic calculations, storm sewer,
and drainage plans and after approva 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 toge~ther with all specified erosion control measures
including final stabilization of the :site, all in accordance with the Subdivider's
Agreement and approved plans on file with the City.
3. The Subdivider shall construct the storm water retention ponds to be contained
in Outlots in Oakridge Glen Subdivision. The Subdivider shall as-built the finish
grade of the ponds and provide the! as-built plans to the City and Oakridge Glen
Homeowners Association, Inc. Thl3 Subdivider shall also provide a benchmark
at the ponds to be illustrated on the as-built drawings.
4. The SubdividHr upon completion of the above referenced improvements shall
convey by final plat and deed I-estrictions the improvements to Oakridge Glen
Homeowners Association, Inc. which shall be responsible for carrying out the
storm water measures on an ongoing basis expressed in this Plan. It is
understood that private ownership and maintenance of the storm water
management improvements, incluclin!] storm sewers within Oakridge Glen
Subdivision commences outside of City owned rights-of-way. All improvements
contained within the City owned ri~,hts.'of- way shall be the responsibility of the
City to own and maintain.
.
.
.
Oakridge Glen Subdivision
Stormwater Management Plan
Page 2
SECTION 2 - DUTIES AND RESPOI~SIBILlTIES OF THE CITY
The City of Muskego and the Department of l\Jatural Resources (DNR) have expended
great effort and expl~nse to remove sl3dirnent and rough fish from Big Muskego Lake.
The City and the DNR have established certain requirements for retention ponds and
storm water managHment within Oakridge Glen Subdivision to minimize flooding and
sediment migration to Big Muskego Lake, adjacent wetlands, and other tributary
properties, to prevent rough fish propa!~ation and reintroduction into Big Muskego
Lake. To assure quality control the City of 1\l'luskHgo 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 clown of the depth of the storm water
ponds will freeze-out all fish resulting in a rough fish free ponds thereby minimizing the
risk of reintroduction of rough fish during flooding conditions into the adjacent Muskego
Drainage Canal #1, navigable stream which is tributary to Muskego Lake. The City
shall also administer an annual inspection of the storm water retention ponds to
monitor any build-up of sedimentation on the "floor of the ponds.
Under Section 1, thH Subdivider shall provide thE! City with an as-built drawing of the
ponds after construction together with a benchmark 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 Hntered on the tax roll as a special charge or
special assessment on an equal basis against the residential properties located in
Oakridge Glen Subdivision collected with any othm taxes levied thereon for the year in
which the work is completed.
Set forth below, is an outline of the City's respons,ibilities which has been agreed to by
the DNR:
1. City of Muskego shall administer draw down and inspect for sediment build-up.
Draw down of the retention ponds shal occur annually, generally within the first
two weeks of November. Draw down may only occur after determination that
sediment build-up will not be transported through discharge pipes. If sediment
build-up has occurred above the inver: elevation of the discharge pipes it must
be removed prior to draw down. Draw down gate valves shall be closed within
one week of commencement of the~ draw down.
2. Sediment build-up in ponds shall be (Jetermined 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 RESPOt~SIBIL.lTIES OF OAKRIDGE GLEN
HOMEOWNERS ASSOCIATION, ING.
An incorporated association of the owners of all single family lots in Oakridge Glen
Subdivision has been created for the purpOSl3S o"f managing and controlling Common
Areas including the outlots which contain the storm water retention ponds. This
owner's association is formally titled Oakriiclge Glen Homeowners Association, Inc. and
it is referred to herein as the Association.
The ownership and maintenance inclluding all payment of associated costs for the
storm water retention pond shall be tl113 i"esponsibility of the Association. The
.
.
.
Oakridge Glen Subdivision
Stormwater Management Plan
Page 3
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, ::ihall 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 ret,ention ponds. When sediment build-
up reaches 15", the City shall notify the Association to remove the sediment.
The DNR has required that any pumping of sediment laden water by contractors
shall be filtered through a temporary sødiment basin appropriately sized prior to
being dischar~Jed into the adjacent canal or wetlands.
3. The Association shall be responsiblø fOlr water quality in the storm water
retention ponels including removal of wl3eds 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 perfOl"m 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 assesòsment against Lots 1-62 inclusive on
an equal pro-rata basis and collectled with any other taxes levied thereon for the
year in which the work is complHteel.
THIS INSTRUMENT DRAFTED BY JEFF MUENKEL, CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVEI\lUE MUSKEGO WI 5315C1
Approved May 15, 2006
.
.
.
Letter of Credit No.
[ID~~lf
Amount:: $2,178,691
Applicant:: Wayne Borchardt
Oakridge Glen
Beneficiary: City of Muskego
Post Office Box 749
W182 S8200 Hacine Ave.
Muskego, WI 63150-0749
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor which is available by beneficiary's draft(s) at
sight drawn on Citizen's Bank Mukwonago Each Draft accompanying documents must state "Drawn Under
Citizen's Bank Mukwonago] Documentary Credit No.____
"
This Standby Credit is to provide a guarantee to the City of Muskego for the performance of Applicant
obligations under that certain agreement dated ___,:20__ [DATE OF CLOSING MEETING WITH THE
CITY] between the City of Mus~:ego and Applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Malyor of the City of Muskego s.::ating that Applicant has failed to complete the
construction of subdivision improvements in accordance wit~ said Agreement or otherwise comply with the
obligations of the Agreement. Said statement shall set forth the estimated amount necessary for the City of
Muskego to complete such improvements or otherwisl;:! comply with the obligations of the Agreement.
SPECIAL CONDITIONS:
This Standby Credit will terminate on the
__
day of_______, _
[MUST BE 15 MONTHS
FROM DATE OF EXECUTIONl] provided, however, Citi;wn'~ì Bank Mukwonago shall give written notice to
the beneficiary of its intention to terminate this standby credit at ninety (90) days prior to the_ day of
, . After said date, this letter of credit can only terminate upon ninety (90) days written notice
to the beneficiary.
It is hereby agreed by all parties hereto that the reference to "p,greernent" is for identification purposes only and
such reference shall not be construed in any manner to requi"ed Citizen's Bank Mukwonago, to inquire into
its terms and obligations.
We agree with you that drafts drawn under and in compliance with the terms of this credit will be duly honored if
presented on or before the expiration date. This original Standby Credit must be submitted to us together with
any drawings hereunder for our endorsement of any payments effeC'ted by us and/or for cancellation.
Sincerely,
Citizen's Bank Mukwonago
John Bergmann
BY:
PUBLIC IMPROVEMENT COST BREAKDOWN
Oakridge Glen
1~:gJ3a1 ADJ. BAL.
#1 ROAD CONSTRUCTION
. a. Excavation to subgrade $125,000,00 $125,000.00
b. Stone base material $5~,000,00 $50,000.00
c. Bituminous base course pavement $12~,000,00 $120,000.00
d. Bituminous surface course pavement $75,000,00 $75,000.00
e. Concrete pavement $0,00 $0.00
f. Other (Adjust Castings) $3,500,00 $3,500.00
g. Engineering Inspections $4,000,00 $4,000.00
$377,500,00 $0.00 $377,500.00
=
#2 SITE GRADING-LANDSCAPIJ\IG
a. Lot grading $125,000,00 $125,000.00
b. Drainage ditch construction $0,00 $0.00
c. Retention pond construction $5~,000,00 $50,000.00
d. Parking area construction-inc1 pavement $0,00 $0.00
e. Tree & shrub p1antings $0,00 $0.00
f. Landscaping as specified by City $0,00 $0.00
g. Erosion control $5,500,00 $6,500.00
h. Engineering Inspections $2,500,00 $2,500.00
i. Other $0,00 $0.00
$184,000,00 $0.00 $184,000.00
=
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $0,00 $0.00
b. Terrace areas - in ROW $0,00 $0.00
c. Drainage ditches $0,00 $0.00
. d. Retention ponds $51,736,00 $51,736.00
e. Areas as specified by City $0,00 $0.00
f. Engineering Inspections $1,500,00 $1,500.00
g. Other $0,00 $0.00
$53,236,00 $0.00 $53,236.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $99,755,00 $99,755.00
b. Sidewalk $0,00 $0.00
c. Blvd.!traffic islands $0,00 $0.00
d. Ditch inverts $0,00 $0.00
e. Engineering Inspections $3,500,00 $3,500.00
f. Other $0,00 $0.00
$103,255,00 $0.00 $103,255.00
=
.
Pa!~e 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
Oakridge Glen
l3c~g. 3al ADJ. BAL.
#5 SANITARY SEWER SYSTEM . a. Mains,risers & Manholes $375,000..00 $375,000.00
b. Laterals $35,000..00 $35,000.00
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 $12,50000 $12,500.00
g. Other $0..00 $0.00
$422,500..00 $0.00 $422,500.00
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#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $255,000.00 $255,000.00
b. Hydrants & leads $100,00000 $100,000.00
c. Water services $100,00000 $100,000.00
d. Well & pumphouse $0..00 $0.00
e. Engineering Inspections $9,50000 $9,500.00
f. Other $0..00 $0.00
$464,500..00 $0.00 $464,500.00
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#7 STORM SEWER SYSTEM
a. Mains & manholes $350,00000 $350,000.00
b. Catch basins & leads $98,000..00 $98,000.00
c. Culverts $0..00 $0.00
d. Drain tile $0..00 $0.00
e. Headwalls/discharge structures $0..00 $0.00
. f. Engineering Inspections $9,200.00 $9,200.00
g. Other $0..00 $0.00
$457,200.00 $0.00 $457,200.00
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#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights $5,000..00 $5,000.00
b. Street signs $1,500..00 $1,500.00
c. Signs as specified by City $0.00 $0.00
d. Erosion ControllV egetation Retainage $65,000.00 $65,000.00
e. Other - Ag Use Penalty $0.00 $0.00
$71,500.00 $0.00 $71,500.00
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#9 FEES
a. City administration $2,500..00 $2,500.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. Engineering-as built drawings for w/s $41,000.00 $41,000.00
d. Legal $1,500.00 $1,500.00
e. Land acquisition $0..00 $0.00
f. Other $0..00 $0.00
$45,000..00 $0.00 $45,000.00
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TOTAL PROJECT ESTIMATE :~;2, 178,691.00 $0.00 $2,178,691.00
.----- LETTER OF CREDIT AMOUNT
,--_._- ,----- . Engineering**Total engineering Costs included $83,700.00
in total Project Estimate**
Pa!ge 2 of 2