CCR2011028-Attachment
Willow Glen
Developer’s Agreement
Document Title
Document Number
Legal Description:
Certified Survey Map No. 10567, being a redivision of Parcel C of
CERTIFIED SURVEY MAP NO. 625, Parcel D of CERTIFIED SURVEY
MAP NO. 993, and CERTIFIED SURVEY MAP NO. 1294, located in the
Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast
1/4, all in Section 16, Township 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, which is bounded and described as follows:
Commencing at the South 1/4 corner of said Section 16; thence
N00º41'32"W, along the East line of said Southwest 1/4, 1647.04 feet to the
POINT OF BEGINNING; thence S88º48'05"W, 802.60 feet to the East right-
of-way line of Racine Avenue (C.T.H. "Y"); thence N02º09'59” E, along said
right-of-way line, 60.10 feet; thence N88º48'05"E, 294.16 feet; thence
N05º50'22"W, 265.11 feet; thence N88º48'05"E, 21.30 feet; thence
Recording Area
N21º01'55"E, 250.26 feet; thence N56º00'26"E, 192.27 feet; thence
Name and Return Address
N88º59'02"E, 254.58 feet to the East line of said Southwest 1/4; thence
City of Muskego
N88º49'35"E, 652.21 feet; thence S00º42'36”E, 655.10 feet; thence
S88º27'43"W, 652.46 feet to the East line of said Southwest 1/4 and the
Com. Dev. Dept.
POINT OF BEGINNING. Said lands containing 755,148 square feet,
P.O. Box 749
17.3358 acres
Muskego, WI 53150
Tax Key Nos. 2223.998.004,
2223.998.006, &
22223.998.005
This information must be completed by the submitter: document title, name & return address, and PIN (if required). Other information such as the
granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the document.
Note: Use of this cover page adds one page to your document and $2.00 to the recording fee.. Wisconsin Statutes, 59.517. WRDA 2/96
WILLOW GLEN - CITY OF MUSKEGO
WILLOW GLEN DEVELOPER'S AGREEMENT
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This Agreement, made this ___ day of _____, 2010 by and between David Hoffmann (the "Owner") 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 Owner has submitted for approval by the City a new multi-family development known as
Willow Glen (the “Subdivision”), a part of the lands described as:
Certified Survey Map No. 10567, being a redivision of Parcel C of CERTIFIED SURVEY MAP NO. 625,
Parcel D of CERTIFIED SURVEY MAP NO. 993, and CERTIFIED SURVEY MAP NO. 1294, located in
the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4, all in Section 16,
Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, which is bounded
and described as follows:
Commencing at the South 1/4 corner of said Section 16; thence N00º41'32"W, along the East line of said
Southwest 1/4, 1647.04 feet to the POINT OF BEGINNING; thence S88º48'05"W, 802.60 feet to the East
right-of-way line of Racine Avenue (C.T.H. "Y"); thence N02º09'59” E, along said right-of-way line, 60.10
feet; thence N88º48'05"E, 294.16 feet; thence N05º50'22"W, 265.11 feet; thence N88º48'05"E, 21.30 feet;
thence N21º01'55"E, 250.26 feet; thence N56º00'26"E, 192.27 feet; thence N88º59'02"E, 254.58 feet to the
East line of said Southwest 1/4; thence N88º49'35"E, 652.21 feet; thence S00º42'36”E, 655.10 feet; thence
S88º27'43"W, 652.46 feet to the East line of said Southwest 1/4 and the POINT OF BEGINNING. Said
lands containing 755,148 square feet, 17.3358 acres; and
WHEREAS, The Wisconsin Statutes and Muskego Ordinances provide that as a condition of approval,
the governing body of the City may require that the Owner phase the development appropriately and 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 Engineer, the City's Public Works Committee and Finance Committee have duly
approved, contingent of certain other approvals, Owner's plans and specifications for subdivision
improvements, and the City's Plan Commission and Common Council have duly approved the zoning
amendments and Building, Site, and Operation Plans of the Willow Glen development contingent in part upon
the execution and performance of this Agreement by the Owner.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as follows:
SECTION I : DEVELOPMENT
1. This Owner’s Agreement addresses the development of 44 new multi-family residential units within a total
11 new structures along with the other pertinent development requirements as outlined in Section II:
Phasing below (Depicted in site plan in Appendix A herein). All being under the Provisions of Chapters 17
and 18 of the Municipal Code as modified by the PD Planned Development zoning, under the approvals
given by the Planning Commission under Resolution #071-2010, and under the approvals given by the
Common Council under Ordinance #1332.
2. Owner shall entirely at its expense:
a) Within six (6) months after approval of this Agreement by the Common Council, the Owner 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.
b) Owner shall cause any necessary Condo Plat or CSM to be executed and recorded, and shall provide
City with evidence of recording when appropriate for owner.
c) Upon execution of this Agreement tender cash or letter of credit in the amount required herein for the
construction of the improvements herein. No construction activity may commence until this Agreement
has been executed and recorded, and the cash or letter of credit has been tendered.
d) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
1. Owner and the City agree that the phasing of this development shall occur in the following order below.
Some items on the phasing plan may occur simultaneously and certain items listed below will note if they
cannot occur until prior phases are complete:
I. Submit document to vacate entryway road off Racine Avenue and road stub to east of
development from the Country Brook Estates (Shown as #1 in Appendix A).
II. Remodel existing four (4) multi-family structures (Shown as #2 in Appendix A).
III. Complete improvements per Section III of this agreement including all grading, roads, sewer,
storm, water, and landscaping (with exception of perimeter plantings on new buildings)
improvements.
IV. Begin building new multi-family units consisting of forty-four (44) units in eleven (11) structures
(Shown as #3 in Appendix A). Construction of any one of these new structures may not take place
until Phases I and III are complete. Occupancy of any one of these new structures is not allowed
until Phase II is complete.
SECTION III : IMPROVEMENTS
Owner 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 and City Engineer, including offsite improvements necessary to provide such
roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as
approved by the City Engineer or his designee and Public Works Committee as indicated in the plans and
specifications on file with the Community Development Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of
their installation.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Construct, install, furnish and provide facilities as approved by the City Engineer or his designee and Public
Works Committee 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 Community
Development Department. The City retains the right to require the Owner to install at Owner’s cost
additional storm drainage and erosion control measures prior to acceptance of improvements by the City of
Muskego. Any easements deemed necessary, by the City, for perpetual maintenance of said
improvements shall be dedicated to the City without expense to the City.
2. Grade and improve all lots, on and off site, in conformance with the Master Grading Plan as approved by
the City Engineer or his designee and Public Works Committee all in accordance with the plans and
specifications on file in the City Community Development Department. Restore with topsoil and seed.
Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements by the City.
4. Execute and record a Maintenance Agreement, as approved by the City Engineer or his designee and
Public Works Committee relating to privately owned storm water appurtenances, and provide proof of
recording prior to Building Permit Issuance 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.
5. Upon completion of all grading, submit an as-built grading plan to the City Engineer for review and potential
approval. This as-built grading plan shall meet all requirements outlined by Public Works Committee policy
and shall have a level of detail in which an accurate determination can be made as to the completeness of
the grading including all ponds.
C. SANITARY SEWER:
1. Construct, install, furnish, and provide without cost to the 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 City Engineer and the Public Works Committee, all in accordance with the
plans, specifications and drawings on file in the Community Development Department. Any easements
deemed necessary, by the City, for perpetual maintenance of said improvements shall be dedicated to the
City without expense to the City.
2. Complete, to the satisfaction of the City Engineer, any remaining punch list items concerning the Sanitary
Sewer System prior to the connection of any structure to the sanitary sewer systems.
3. Clean all sanitary lines so that the City can televise the sanitary sewer system, and reimburse the City for
said expenses. Repair any defects as determined by the City Engineer, or his designee prior to and
acceptance of improvements by the City.
D. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the entire Subdivision, including off site improvements necessary to provide such
system, as approved by the City Engineer or his designee and the Public Works Committee and in
accordance with the plans and specifications on file in the City Community Development Department. Any
easements deemed necessary, by the City, for perpetual maintenance of said improvements shall be
dedicated to the City without expense to the City.
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be required by
the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing
the Subdivision improvements. Replace trees in accordance with plans to be approved by the Plan
Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and
all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division
Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated
March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree
and landscape plans that were approved by the City Forester prior to the signing of this agreement.
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 City Engineer or his designee and Public Works Committee and in accordance with the plans and
specifications on file in the Community Development 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 City Engineer or his designee and Public Works Committee and in accordance
with the plans and specifications on file in the Community Development 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 Owner 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 above shall be completed by the Owner within one (1) year from
signing of this Agreement or except if an earlier date is provided for in the Agreement.
SECTION V : AS-BUILT CONSTRUCTION PLANS
Owner authorizes the City to prepare all necessary as-built construction plans for improvements to be
dedicated to the City. Owner agrees to reimburse the 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 the City may utilize Owner’s Developers Deposit account for all
charges related hereto.
Owner authorizes the City to convert digital files submitted by Owner 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 the City. Owner agrees to reimburse the City for all costs incurred in said conversions and the
City may utilize Owner’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, Owner shall, without charge to the City, upon
completion of the improvements described above in Section III, other than landscaping, unconditionally give,
grant, convey and fully dedicate the improvements 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, pipe 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.
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 Owner shall not be considered a reason for the City to accept substandard materials
or work.
At such time as all improvements are completed and acceptable as called for under this Agreement, and all
approvals have been received from regulatory agencies, such improvements shall be accepted by the City by
separate Resolution.
The 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 Owner.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Owner shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with
Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any
event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred
by the City prior to and following the date hereof in connection with or relative to the construction, installation,
dedication and acceptance of the improvements covered by Section III, including without limitation by reason of
enumeration, design, engineering, preparing, checking and review of designs, plans and specifications,
supervision, inspection to insure that construction is in compliance with the applicable plans, specifications,
regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement
such compliance. Failure to 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: 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 IX: GUARANTEES
The Owner shall guarantee all improvements described in Section III, other than the landscaping, 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 Owner 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 any such action.
SECTION X : GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents
incorporated herein by reference, Owner 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 Owner against the City, its officers, agents and employees in an effort
to enforce this Agreement. The Owner 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 Owner shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims, damages, losses, and expenses,
including attorney’s fees arising out of or resulting from the performance of the Work, providing that any
such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or
to injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Owner,
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
Owner, its officers, agents, independent contractors, employees, and anyone directly or indirectly
employed by any of them or anyone for whose acts any of they may be held liable, the indemnification
obligation under this section shall not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for the Owner, 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 Owner shall indemnify, defend, and hold the 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 Owner shall include costs incurred in connection with any
site investigation or any remedial, removal, or restoration work required by any local, State, or Federal
agencies because of the presence or suspected presence of toxic or hazardous substances on or
under the real property, whether the soil, groundwater, air, or any other receptor. The City agrees that
it will immediately notify Owner 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, Owner shall investigate and rectify conditions which indicate the
presence of or suspected presence of contamination on the subject property as identified by local,
state, or federal agencies in order to comply with applicable laws.
d) Owner or owner’s contractor, 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 Owner 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 Owner’s insurance shall be furnished to the City upon execution of this
Agreement. Each such policy shall provide that no act or default of any person other than the City or its
agents shall render the policy void as to the City or effect the City’s right to recover thereon.
SECTION XI: AGREEMENT FOR BENEFIT OF PURCHASERS:
The Owner 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 unit, lot, or parcel shall not release the Owner 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
Community Development Department.
SECTION XII: CONSTRUCTION PERMITS, ETC.
The City shall, within its authority:
1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit
the Owner to construct the improvements in accordance with the plans and specifications called for by this
Agreement, upon Owner's compliance with any deposit provisions or other requirements of the applicable
ordinances or regulations.
2. Furnish the Owner 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 Owner in obtaining similar permits, resolutions and documents as may be necessary
from other authorities having jurisdiction in the premises.
4. Make available to the Owner or its nominee, successors or assigns, permits for the construction of new
structures subject to the provisions of Section XIV and this Agreement.
SECTION XIII: BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for any
homes until the City Engineer and Community Development Director have determined that:
1. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Community
Development Director.
2. That all improvements in Section III per this agreement have been completed.
3. No occupancy permits shall be given for any of the new multi-family structures until the updates to the
exterior of the existing multi-family structures is complete per the Plan Commission approvals in Resolution
#071-2010.
SECTION XIV: FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of the Agreement by the City, the Owner shall file
with the City a Letter of Credit, in the City Attorney approved form, setting forth terms and conditions in the
amount of $_______.00, which amount shall be approximately 120% of the estimated cost of
improvements, as a guarantee that the required plans and improvements will be completed by the Owner
and its subcontractors no later than one (1) year from signing of the Agreement, except if another date is
provided within this Agreement, as a guarantee that all obligations to the subcontractors for work on the
Subdivision are satisfied and as a guarantee that all obligations of the Agreement are satisfied specifically
including, but not limited to, prevailing wage rates, hours of labor and public bidding. If the City receives
notice of the intention to terminate the Letter of Credit prior to compliance with all obligations of this
Agreement, such notice shall be considered a failure to comply with the obligations of the Agreement and
shall entitle the City to immediately draw against the Letter of Credit. Instead of a Letter of Credit, Owner
may deposit cash, a certified check or the equivalent in the same amount pursuant to the terms and
conditions as set forth in the Agreement.
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 Owner shall provide Director of Engineering and Building
with a written request accompanied by: invoices for work completed for which a release is being
requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form, and
signed original lien waivers for all work which is subject of the release request. The Director of
Engineering and Building will process all requests in accordance with policies adopted by the Finance
Committee, as may be amended from time to time.
2. DEVELOPER'S DEPOSIT: The Owner shall maintain a $5000.00 balance in the Developer's Deposit. No
reduction of the Cash Deposit 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 entitles by virtue of this Agreement relating to the improvements and any other obligations under
this Agreement including, but not limited to, prevailing wage rates, hours of labor and public bidding.
This provision constitutes the Developer’s consent to the installation by the City of all improvements
required by this Agreement and constitutes the Developer’s waiver of notice and consent to all special
assessment proceedings as described in 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 XV: PREVAILING WAGE RATES AND HOURS OF LABOR
If any aspect of the construction of the Improvements involves a project of public works that is regulated by
Wisconsin Statutes Section 66.0903 or 66.0904, then (1) The Developer shall obtain any necessary prevailing
wage rate determination for the project: and (2) The Developer shall pay wage rates not less than the
prevailing hourly wage rate as described and regulated pursuant to such statutes and regulated laws; and (3)
The Developer shall comply with the prevailing hours of labor as described and regulated pursuant to such
statutes and related laws; and (4) The Developer shall fully comply with the reporting obligations, and all other
requirements of such laws; and (5) The Developer shall ensure that the Developer’s subcontractors also fully
comply with such laws and (6) The Developer shall file the documentation required by Wisconsin Statutes
Section 66.0903(9)b and 66.0903(9)c and any other documentation the City deems reasonably necessary.
The Developer’s General indemnity obligation of this Agreement shall apply to any claim that alleges that work
contemplated by this Agreement is being done, or has been done, in violation of prevailing wage rates,
prevailing hours of labor, or Wisconsin Statutes Section 66.0903 or 66.0904, for any work arising out of this
Agreement.
SECTION XVI : PARTIES BOUND:
Owner or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to any
phase of the development. Approval by the City shall not be deemed a waiver as the ultimate responsibility for
the proper design and installation of streets improvements, drive and parking areas, water facilities, drainage
facilities, ditches, landscaping and all other improvements shall be the Owners. The fact that the City or its
engineers, or its attorney, or its staff may approve a specific project shall not constitute a waiver, or relieve the
Owner from ultimate responsibility for the design, performance, and function of the Development and related
infrastructure.
SECTION XVII : AMENDMENTS AND ASSIGNMENT:
Owner shall not assign this Agreement without the written consent of the City. The City and the Owner, by
mutual consent, may amend this Agreement, by written agreement between the City and the Owner.
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: To Owner:
Community Development Department David Hoffmann
City of Muskego PO Box 180552
POB 749 Delafield, WI 53018
W182 S8200 Racine Avenue (414) 369-1985
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
All notices shall be considered to have been delivered at the time such notices are personally delivered to each
party, or three (3) days after the date of postmark on any prepaid certified letter, facsimile transmission, or
electronic mail.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or
facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the
party.
SECTION XIX : PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Owner 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. DEVELOPER
By:
David Hoffmann, Owner
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
th
PERSONALLY came before me this _____ day of ____, 2011 David Hoffmann, Owner, to me known to be
the persons who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, the 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:
John R. Johnson, Mayor
BY:
Sharon Mueller, City Clerk-Treasurer
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
th
PERSONALLY came before me this ___ day of _____, 2011, the above named John R. Johnson, 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
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meeting on the _____ day of _____, 2011.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for the Wilow Glen
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development, Muskego, Wisconsin, as entered into on the ___ day of _____, 2011, by and between David
Hoffmann and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting
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on the _____ day of _____, 2011.
BY THE COMMON COUNCIL
________________________
Sharon Mueller, City Clerk-Treasurer City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
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This _____ day of _____, 2011.
My commission expires
This instrument drafted by Jeff Muenkel, Community Development Director
City of Muskego PO Box 749 Muskego, WI 53150
Appendix A: Willow Glen Site Plan
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