CCR2013023-AgreementBELLE CHASSE LLC - CITY OF MUSKEGO
BELLE CHASSE PHASE #2 SUBDIVIDER'S AGREEMENT
This Agreement, made this _____ day of ______, 2013 by and between Belle Chasse Partners
LLC, (the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, (the "City").
W I T N E S S E T H
WHEREAS, the Subdivider has submitted for approval by the City the Preliminary Plat for the Belle
Chasse Subdivision (the “Subdivision”), a part of the lands described as:
LEGAL DESCRIPTION FOR LANDS LYING TO THE WEST OF DURHAM DRIVE:
All of Parcel 1 and Parcel 2 of Certified Survey Map No. 1524 together with unplatted lands, all of which are located in part of the
Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter
(SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more
particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter (SE 1/4); thence North
01°06'07" West along the West line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands
hereinafter to be described; thence North 87°50'16" East along a line parallel to and 25.00 feet North of the South line of the
Southeast Quarter (SE 1/4) 1138.82 feet; thence North 47°24'44" West 200.06 feet to the beginning of a curve of radius 333.00
feet, the center of which lies to the East; thence Northerly along the arc of said curve 147.64 feet, the chord of which bears North
34°42'40" West 146.43 feet; thence South 87°50'16" West 197.38 feet; thence North 02°09'44" West 106.07 feet; thence North
87°50'16" East 175.83 feet; thence North 09°21'41" West 941.34 feet to the South line of Certified Survey Map No. 9347; thence
South 87°48'47" West along the said South line 467.90 feet to the West line of said Certified Survey Map 9347; thence North
07°00'43" West along the said West line 1.55 feet to the South one sixteenth (S 1/16) line of the Southeast Quarter (SE 1/4);
thence South 87°49'02" West along the said (S 1/16) line 286.25 feet to the South one quarter (S 1/4) line; thence South
87°58'00" West along the South one sixteenth (S 1/16) line of the Southwest Quarter (SW 1/4) 1313.27 feet to the East right-of-
way line of Mystic Drive; thence South 01°07'40" East along the said right-of-way line 1301.95 feet; thence North 88°07'53" East
along a line parallel to and 25.00 feet North of the South line of the Southwest Quarter (SW 1/4) 1312.62 feet to the point of
beginning, containing 64.7969 Acres,
LEGAL DESCRIPTION FOR THE LANDS LYING TO THE EAST OF DURHAM DRIVE:
All that part of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section
11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularly described
as follows: Commencing at the Southeast corner of the Southeast Quarter (SE 1/4); thence North 01°19'37" West along the East
line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence South
87°50'16" West along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 768.68 feet to
the East line of Certified Survey Map No. 1550; thence North 01°18'22" West along the said East line 281.36 feet to the North
line of said Certified Survey Map; thence South 87°50'16" West along the said North line 934.49 feet to the beginning of a curve
of radius 267.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 64.66 feet, the chord of
which bears North 16°17'56" West 64.50 feet; thence North 09°21'41" West 934.70 feet to the South right-of-way line of
McShane Drive; thence North 87°46'18" East along said right-of-way line 726.15 feet to the West line of Certified Survey Map
No. 5998; thence South 02°13'42" East along said West line 182.00 feet to the South line of said Certified Survey Map 5998;
thence North 87°46'18" East along the said South line 450.00 feet to the East line of Said Certified Survey Map 5998; thence
North 02°13'42" West along the said East line 182.00 feet to the said South right-of-way line of McShane Drive; thence North
87°46'18" East along the said right-of-way line 674.28 feet to the East line of the Southeast Quarter (SE 1/4); thence South
01°19'37" East along the said East line 1273.47 feet to the point of beginning, containing 43.5895 Acres, 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 on certain other approvals, Subdivider's plans and
specifications for subdivision improvements, and
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Belle Chasse #2 Subdivider’s Agreement
WHEREAS, The City's Plan Commission and Common Council have duly approved the preliminary plat
of the Belle Chasse Subdivision and as per Section 18.31(2)e of the Muskego Chapter 18 Land Division
ordinance, the developer wishes to start improvements for the subdivision before the approval of the final
plat.
WHEREAS, Starting improvements before Final Plat approvals from the Council is permitted as long as:
Approval is found of the construction plans by the Public Works Director, the Public Works Committee
and the Public Utilities Committee; A Developer’s Agreement agreeing to install the required
improvements is approved and recorded between the Subdivider and City; and, a letter of credit, cash or
certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the
improvements is given.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows:
SECTION I : PHASING
1. Subdivider and City agree that this agreement is for the installation of public and private
improvements described in Section III for Phase 2 of the Belle Chasse development, which consists
of Lots 43-85 on the Preliminary Plat approved per Council Resolution #099-2007 on April 24th, 2007.
A new Developer’s Agreement must be approved by the City before Phase 3 is constructed. The
City will re-review the improvements required for subsequent phases. Future upgrades to
improvements may be required for future phases depending on the impacts and the timing of the
phase.
SECTION II : PLATTING
1. This Subdivider’s Agreement addresses the development of Lots 43-85 of the original 132 parcels
platted for single family residential use, all being under the Provisions of Chapters 17 and 18 of the
Municipal Code, and under the auspices of RS-2 Suburban Residence District as modified by the PD
Planned Development zoning.
a) Single-family parcels shall conform to the zoning requirements of an RS-2 Suburban Residence
District as modified by the PD Planned Development zoning. The PD zoning is allowed per
Common Council approval and the PD can permit flexibility in the underlying zoning
requirements. The Belle Chasse PD allowed increased densities resulting in parcels generally
being a minimum of 18,000 square feet in area, 100 feet in average lot width, having street yard
setbacks of 40 feet, side yard offsets of 15 feet on one side and 20 feet on all other sides.
b) Outlots shall be reserved for open space management and stormwater purposes consistent with
PD Planned Development overlay zoning requirements, and shall be owned and maintained by
Owners Associations established by Subdivider. Outlots 2, 3, 6, and 8 will be required to have a
Conservation Easement governing them at Final Plat time. The Conservation Easement will
allow the City the ability and right to manage the lands subject to preservation restrictions.
2. Subdivider shall entirely at its expense:
a) As per Section 18.31(2)d of the Muskego Chapter 18 Land Division ordinance, have the Belle
Chasse Phase 2 Final Plat submitted and approved. The Subdivider shall cause the Final Plat of
Belle Chasse to be executed and recorded, and shall provide City with evidence of recording.
Note: The Final Plat cannot be approved until after the acceptance of improvements found in
Section VI of this agreement to ensure that no lots are sold until said acceptance is complete.
b) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in
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Belle Chasse #2 Subdivider’s Agreement
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.
c) Provide the City with title evidence showing that upon recording the Final Plat, the City will have
good, indefeasible title to all interests in land dedicated or conveyed to the City by the Plat.
d) Before any improvements found in Section III of this agreement begin, 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.
e) Place and install monuments required by State Statute or City Ordinance.
SECTION III : IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plans and specifications approved by
the Public Works Committee on February 18, 2013, 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 Public Works Director or his designee and Public Works
Committee as indicated in the plans and specifications on file with the Engineering and Building
Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. Pay the city $27,200.65 for the costs to upgrade Durham Road as well as $13,200 for the costs to
upgrade the intersection of Mystic Road and Woods Road as agreed on February 18, 2013. Said
funds are due at the closing of the Final Plat before the city will sign off on the Final Plat.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Construct, install, furnish and provide facilities as approved by the Public Works Director or his
designee and Public Works Committee on February 18, 2013 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 Building and Engineering Department. The City retains the
right to require the Subdivider to install at Subdivider’s cost additional storm drainage and erosion
control measures prior to acceptance of improvements by the City of Muskego.
2. Grade and improve all lots, on and off site, in conformance with the Master Grading Plan as
approved by the Public Works Director or his designee and Public Works Committee on February 18,
2013 all in accordance with the plans and specifications on file in the City Building and Engineering
Department. Restore with topsoil and seed. Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
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Belle Chasse #2 Subdivider’s Agreement
4. Execute and record a Maintenance Agreement in the form attached hereto, which document shall be
incorporated herein and made part hereof, as approved by the Public Works Director or his designee
and Public Works Committee on February 18, 2013 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 Public Works Director or his designee and the Public Utilities
Committee on February 18, 2013 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 Public Works Director or his designee, 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 Public Works Director or
his designee, and supply video tape to the City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
4. City to reimburse the Developer in the amount of $13,650 for the oversizing of the sanitary sewer
main for the development along with an additional $18,760 for main and manhole. Said amount to
offset the Developer’s obligation in Section III, A4 above. Developer to pay net balance to City prior
to recording of the Final Plat.
D. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the entire Subdivision, and including off site improvements necessary to
provide such system, as approved by the Public Works Director or his designee and Public Utilities
Committee on February 18, 2013 and in accordance with the plans and specifications on file in the
City Building and Engineering Department.
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees in accordance with plans to be approved by
the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
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Belle Chasse #2 Subdivider’s Agreement
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
street tree and landscape plans that will be approved by the Community Development Director and
City Forester at the time of recording the Final Plat. Planting may be deferred until the time that
ninety percent (90%) of the homes have been completed or twenty-four (24) months after the date of
acceptance of improvements, whichever comes first.
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 Public Works Director or his designee and Public Works Committee on June 18,
2007 and in accordance with the plans and specifications on file in the Building and Engineering
Department.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control
Devices or measures in specified areas of the Subdivision, on and off-site, in accordance with the
Erosion Control Plan as approved by the Public Works Director or his designee and Public Works
Committee on June 18, 2007 and in accordance with the plans and specifications on file in the City
Building and Engineering Department. No construction or grading can begin until the City issues said
permit, and no grading shall occur without a two (2) day notice to the City.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for final surface course of pavement as described
herein, shall be completed by the Subdivider within one (1) year from the signing of this Agreement
except if an earlier date is provided for in the Agreement. The final surface course of pavement may be
deferred until ninety percent (90%) of the homes have been substantially completed, or twenty-four (24)
months after the date of acceptance of improvements, 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
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and
upload of data to City’s Geographic Information System, and City may utilize Subdivider’s Developers
Deposit account for all charges related hereto.
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Belle Chasse #2 Subdivider’s Agreement
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, water mains, storm water drainage facilities (excluding those facilities which
are to be owned and maintained by the Belle Chasse Homeowners Association, Inc.) to the City, its
successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that
may be acceptable to the City) whatever, together with and including, without limitation because of
enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery,
equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such
improvements and together with any and all necessary easements for access thereto. The City will be
receptive to the dedications of improvements, except private storm water drainage facilities, after the first
lift of bituminous concrete pavement has been installed, when all said utilities have been completed and
approved by the Public Works Directors and other agencies as applicable.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the
dedication of any improvements which do not fully comply with City standards and specifications. Claims
of financial hardship by the Subdivider shall not be considered a reason for the City to accept
substandard materials or work.
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.
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. Acceptance shall not occur until after the items listed below have taken
place OR if the Public Works Director deems other items relating to the construction of the subdivision
necessary:
1. The sanitary sewer, water, and surface water drainage facilities required to serve such homes are
connected with an operational system as required herein, and the installation of the bituminous
concrete base course pavement has been properly installed, and
2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded
and a copy of the recorded documents are delivered to the Community Development Department,
and
3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results
found acceptable by the Utility Superintendent, and
4. Certification is provided to the Public Works Director or his designee by a Registered Land Surveyor
that all lot grades conform to the Master Grading Plan.
SECTION VII: INSPECTION AND ADMINISTRATION 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,
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Belle Chasse #2 Subdivider’s Agreement
but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which
shall be incurred by the City prior to and following the date hereof in connection with or relative to the
construction, installation, dedication and acceptance of the improvements covered by Section III,
including without limitation by reason of enumeration, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
compliance with the applicable plans, specifications, regulations and ordinances; and legal,
administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or
reimburse the City in a timely manner may cause the City to cease all construction inspections until such
time as all anticipated or outstanding inspection and administration fees have been satisfied.
SECTION VIII: MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Public Works
Director or his designee 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. Fees: Pay fees associated with the development ordinances of the City of Muskego and per this
agreement at the time of recoding of the Final Plat. Such fees may include the following (Note: Fees
are subject to change depending on final layout of Final Plat and final construction of improvements):
Park Dedication Fees in the amount of $1,881/single-family lot
Conservation Dedication Fees in the amount of $580 per developed acre
Conservation Dedication Trail Fees in the amount of $60/single-family lot
Durham Road Intersection Improvements in the amount of $27,200.65
Mystic Drive/Woods Road intersection Improvements in the amount of $13,200
Reimburse the City for the cost of all street signs, street lights, traffic signs and
posts, including the cost of their installation.
City to reimburse developer for Sanitary Sewer Oversizing in the approximate
amount of $13.,650 and $18,760
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 and subject to the provisions of said ordinances.
SECTION X: GUARANTEES
The Subdivider shall guarantee the public roads and streets, sanitary sewers, water mains, surface water
drainage improvements and all other improvements described in Section III, against defects due to faulty
materials or workmanship provided that such defects appear within a period of one (1) year from the date
of acceptance. The Subdivider shall pay for any damages to City property resulting from such faulty
materials or workmanship. This guarantee shall not be a bar to any action the City might have for
negligent workmanship or materials. Wisconsin law on negligence shall govern such situation.
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Belle Chasse #2 Subdivider’s Agreement
SECTION XI : GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents
incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept
tender of defense and to defend and pay any and all reasonable legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed upon the City
its officers, agents, and employees, and independent contractors growing out of this Agreement as
stated above by any party or parties except those claims asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agreement. The Subdivider shall also name as
additional insured on its general liability insurance the City, its officers, agents, and employees, and any
independent contractors hired by the City to perform service as to this Subdivision and give the City
evidence of the same upon request by the City.
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims, damages, losses, and
expenses, including attorney’s fees, arising out of or resulting from the performance of the Work,
provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work
itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of the Subdivider, its officers, agents, independent contractors, and
employees or anyone for whose acts any of them may be made liable, regardless of whether or
not it is caused in part by a party indemnified herein. In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Subdivider, its officers, agents,
independent contractors, employees, and anyone directly or indirectly employed by any of them
or anyone for whose acts any of them 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 Liability 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 in or on 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.
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Belle Chasse #2 Subdivider’s Agreement
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 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 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 XIV : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits shall be issued for any homes until the
Public Works Director or his designee has determined that:
1. A letter of credit remains on file or the remaining improvements.
2. The Final Plat is recorded and the appropriate copies and mylar of the recorded plat are delivered
to the Community Development Department.
3. The Resolution of the acceptance of improvements is approved by the City.
4. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the
Community Development Director.
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Belle Chasse #2 Subdivider’s Agreement
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Community Development Director has determined that:
1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved for
this phase of development.
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, in the City Attorney approved form, setting forth terms and
conditions in the amount of $1,918,906.87.00 as a guarantee that the required plans and
improvements will be completed by the Subdivider and its subcontractors no later than one (1) year
from signing of the Agreement, except if another date is provided within this Agreement and as a
further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter
of Credit, but attributable to the subject development shall be provided to the City.
b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Public Works Director or his
designee with a written request accompanied by: invoices for work completed for which a
release is being requested, breakdown of invoices in the format of the Public Improvement Cost
Breakdown form, and signed original lien waivers for all work which is subject of the release
request. The Public Works Director or his designee will process all requests in accordance with
policies adopted by the Finance Committee, as may be amended from time to time.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $10,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation
of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing, to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Subdivision. This provision
constitutes the Subdivider’s consent to the installation by the City of all improvements required by
this Agreement and constitutes the Subdivider’s waiver of notice and consent to all special
assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes.
b) Remedies not exclusive. The City may use any other remedies available to it under the
Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein.
SECTION XVI : 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,
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 XVII : AMENDMENTS AND ASSIGNMENT:
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Belle Chasse #2 Subdivider’s Agreement
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 XVIII : NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally, sent by prepaid United States Postal Service certified mail with
return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail with
return receipt requested, to all parties as follows:
To City:
Community Development Department
City of Muskego
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
To Subdivider:
Belle Chasse Partners LLC
N27 W24075 Paul Court, Suite 200
Pewaukee, WI 53072
Attn: Matt Neumann and/or Mike Kaerek
12720 West North Avenue
(262) 542-9200
(262) 349-9324
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.
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Belle Chasse #2 Subdivider’s Agreement
SECTION XIX : 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. Belle Chasse Partners LLC
By: _______________________________
Matt Neumann, Member
STATE OF WISCONSIN )
SS
WAUKESHA COUNTY )
PERSONALLY came before me this _____ day of ______, 20__, Matt Neumann, Member, to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
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Belle Chasse #2 Subdivider’s Agreement
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts on the date and year first written above.
B. CITY OF MUSKEGO:
BY:
Kathy Chiaverotti, Mayor
BY:
Sharon Mueller, City Clerk-Treasurer
STATE OF WISCONSIN )
SS
WAUKESHA COUNTY )
PERSONALLY came before me this _____ day of ______, 20__, the above named Kathy Chiaverotti,
Mayor, and Sharon Mueller, 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 the _____ day of ______, 20__.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Belle
Chasse Phase #2 Subdivision, Muskego, Wisconsin, as entered into on the _____ day of ______, 20__,
by and between _____________ and the City Of Muskego, pursuant to the authorization by the Common
Council from their meeting on the _____ day of ______, 20__.
BY THE COMMON COUNCIL
________________________
Sharon Mueller, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This _____ day of ______, 20__.
My commission expires
This instrument drafted by Jeff Muenkel, AICP
City of Muskego PO Box 0749 Muskego, WI 53150-0749