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CCR1972178.-. '\ APPROVAL OF DEVELOPER'S AGREEMENT FOR HALEYPARK MEADOWS SUBDIVISION ~ * WHEREAS, Mr. Jack L. LaBonte. owner of Hale Park Meadows Subdivision has submitted for final approval, the plat of Hale Park Meadows Subdivision, and such final plat was approved by this Council by Resolution #348-72 on August 8, 1972, subject only to subsequent approval by this Council of the Development Agreement; and WXEREAS. it is necessary to approve the Development Agreement between Jack L. LaRonte, Owner. and the City of Muskego beiore signing of the final plat; and WHEREAS, the Developer's Agreement includes instruments supplemental thereto including an Open Space Agreement and Declaration of Restrictions: and WHEREAS, it is necessary to have the City Attorney approve these documents, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve of the Developer's Agreement entitled "Sub- division Agreement" and appended hereto as Exhibit A and incorporated herein, as well as the instruments supplemental thereto, including an Open Space Agreement and Declaration of Restrictions. subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the Mayor and City Clerk may execute, in the name of the city, the necessary documents including such modifications and corrections as may be found by the City Attorney. (I U Bette Bower Exhibit A to Resolution No. /7f-?L . ........ SUBDIVISION AGREEMENT *. For Hale Park Meadows THIS AGREEMENT, made this day of August, 1972, between the CITY OF MUSKEGO, Waukesha County, Wisconsin, a municipal corporation (the “City”), and JACK L. LaBONTE, as Owner of certain lands situated in the City dcscnbed in a final plat approved by the Common Council of the City on July 25 , 1972 for a residential subdivision to be known as “Hale Park Meadows” (the “Subdivision”); WHEREAS, Owner believes that the attractiveness and marketability of lots in the Subdivision depend upon a careful coordination of the quality and price of the services to be rendered to the residents thereof; and WHEREAS, pursuant to Section 236.13 (2) of the Wisconsin Statutes and the Subdivision and Platting Ordinance of the City, the City has determined, as a condition to its approval of the fmal plat of the Subdivision, that the subdivider shall make and install, or have made and have installed, the public improvements described in Section 2 hereof; and WHEREAS, the City believes that the orderly, planned development of the lands included in the Subdivision with installation of the improvements listed in Section 2 of this Agreernent best ,promote the health, szfety 2nd geperz! wdfare of the ccm?xnity, but the policies and general public works budget of the City do not include provision for payment for such improvements out of general funds of the City; and the City is therefore willing to proceed with the installation of certain of such improvements as public work, provided that the cost thereof is defrayed through special assessments upon the lots in the Subdivision benefited thereby, and the City is willing to make such special assessments payable in annual installments, provided that funds will be available through the issuancc of Special Assessment B Bonds pursuant to Section 66.54 (10) of the Wisconsin Statutes to cover the cost of such public work. M!\V, TI-EREFORE, the City and Owner agree as follows: I. I’bi<lt to or simultaneously with the recordation of the plat of the Subdivision; Gy;j;t:r :~!vIl csccutc and record an Open Space Agrement and Declaration of F,.sII~,.:~(..)P;, :II~ shall cause to be organized as a nonstock Wisconsin corporation Hale Park hlc;~tlows Ilumes Association, Inc. in accordance with Articlcs of Incorporation and Uylaws, all ol’ wluch instnments shall be in the form previously submitted to the.City. 2. Owner, at his expense, shall cause ensneering plans and specifications to be prepared by Mctropolitan Survey Scrvice and furnished to tllc City, for the installation a ’ and construction of a community well, water mains, sanitary scwer mains, sewer and water laterals, storm scwcrs and storm sewcr inlets, surface water drainage facilities, and the gading and installation or road basc and paving of streets to scrvc all of thc lots in the Subdivision. a 3. Upon approval by the Cily of such engineering phns and specilicalions, as submitted or thcrcaftcr rcviscd to mect rcquirelncnts of the City’ (a) Devcloper, at his sole expense, shall causc sllcll water facilities to be installed in accordance with such plans and specifications; and (b) As to all of the other public improvements described in paragaph 2 abovc (the “Pubtic Work”), thc City shall advertise, take bids and award a general contract for the construction and installation of such Public Work in accordance with its standzrd cn~neering and public works practices and the applicable statutes of the State of Wisconsin. 4. The City agrees that the cost of the Public Work shall be financed by a levy of special assessments against the platted building sites in the Subdivision,, and agees to issue Special Assessment B Bonds based upon such assessments, either to the general contractor in payment for the Public Work, or to a commercial bank pursuant to a written commitment for the purchase tllcreof furnished by Owner, as the City may elect. Owner agrees to reimburse the City for its out-of-pocket expenses incurrcd in connection with such levy of special assessments and issuance of B Bonds, including thc cost of publication of legal notices, fees and disbursements of its legal counsel and any other out-af-pocket expenses reasonably incurred by it, but not inchding any allocation for time of its salaried personnel. In addition, the Owner agrees to pay to the City as reimbursement for its administrative costs in handling the issuance of B Bonds, the maintenance of a sinking fund therefor, and handling the payments and prepayments upon such B Bonds the sum of $5.00 for each bond, payable when the bond is issued. 5. To the extent the same are not included in the costs payable by the general contractor for the Public Work, the City shall bill to Owner, who shall promptly pay, all cost incurred by the City for inspection of the construction of the Improvements. 6. The following special provisions shall apply to the well, water mains and water laterals to be installed by Owner pursuant to paragraph 2 above (the “Water Facilities”): (a) If and to the extent necessary, the City shall grant a franchise to Owner, or to Hale Park Meadows Homcs Association, Inc.. as his stlccessor in title to the Water Facilities, or to a trust which shall hold legl litle to said facilities for the benefit of all owners of lots within the Subdivision, to operate a private ulilily to serve the Subdivision, provided, however, that the rates and service I~IYIYS of SIICII utility shall be formulated so as not to rccoup, or produce any I: ~~II:I upon, the initial capital cost of installing the \V:lter F4cilities. (11) ’l‘he City shall have an indefinite option to require transfer of the \V:~iir Facilities without consideration from Owner or ifs successors in title tlle:l.cto as of the end of any cdcndar month, tlpon at least thirty days’ prior written notice to the public owner of any municipal, intemlunicipnl, or mctropolitan water systcm which may hereafter be established by the City of hluskcgo, either nlonz or in cooperation wit11 other municipalities or any stirtutory w3tcr district, provided, however, that such option shall telminntc if. prior to its excrcisc, and with the consent of lhc City of hluskczo, ownership of si!id \V:ltcr Facilitics shall II:IVC becn Iransfcrrcd to a privately owned public utility, the procccds from such sale hJvin:, bxn di\,ided amon:: x11 of tllc thcn lot owners. (c) Thc City grants lo O\vwr, and to his succcssors in lillc to ll~c \V:llcr ‘, -2- Fncl!itics, a perpctca! ri$t and czsemcnt uxlcr all dcdicn:cd public strcets in thc Subdivision for thc instdlation, maintcnancc and repair of the Water Facilities. Owner, or his successors in title to the Watcr Facilitics, in connection with any such maintenance and repair work, shall erect suitable, lightcd banicades; shall repair, restore and rebuild as neccssary all streets and other public improvcments locatcd in dcdicatcd strcets which may be opcned, damaged or removed in performing such work; and shall indcmnify the City and hold it harmless against all loss, damage, claims and expense to or by any third party as a result of any such work performed within the right-of-way of a public street. (d) The City at all times shall have the right to draw water from said system through the tire hydrants provided therefor for fire-fighting purposes in connection with the lots served by the water system without charge to such municipality. 7. The following special provisions shall apply. (a) All laterals shall be installed before street surfacing is commenced. (b) Any underground work to be performed in public streets for the Water Facilities or by public utilities shall be completed before street surfacing. (c) Easements shall be provided by Owner for the use of the Wisconsin Electric Power Company and the Wisconsin Telephone Company at the rear lot lines for the provision of services. (d) The Public Work and Water Facilities shall be installed in strict accordance with the requirements and specifications of the City of hluskego, and the City Engineer or his authorized representative, or as directed by said City Engineer; and shall be under and subject to continuous inspection by the City Engineer or his representatives. (f) The Owncr shall pay a fee of $.20 per lineal foot of open drainage swales, such fees to be payable with rcspect to cnch such drainage swale within 30 days after thc general contractor has bccn paid by the City for the seeding of tht drainage swalc. I a (S) Oivner shall not be relieved or discharged of his obligations under this Agcxncnt for installation of any improvcntents which arc not being pcrfomed as public work until final inspection and approval of all Improvcrnents 113s been given by the City Engineer in writing. 8. 1Ie Owner acknowlcdgzs that the Common Council of the City of Muskego on November 18, 1971, by Resolution No. 220-71, resolved to establish guidelines for considering proposed dcvclopments, including a guidcline to the effect that: "NI developments, except those on city-owned propzrty, will be limited to 65% of the permitted density as establislled by the Zoning Ordinancc." The Owner lurther acknowled~es that the City has applied tlus guideline to preclude present devclop~nent of 35% of Hale Park Meadows Subdivision. The Owner resewes the ri$t to seek reconsideration of this determination at any time after November 18, 1973. The City reaffirms that it will diligently investigate the possibilities of expanding the capacity of its sewerage treatment facilities and take whatever action is necessary, within good planning concepts and economic feasibility, to provide adequate sewerage treatment facilities. e 9. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives and assigns of Owner and the City and its successors. IN WITNESS WHEREOF, the duly authorized officials of the City of Muskego and the Owner have hereunto set their hands. FOR THE COMMON COUNCIL OWNER .......................................................................................................................................... Jerome J. Gottfried, Mayor Jack L. LaBonte e .................................................................. Ilette J. Bowyer, City Clerk