Loading...
CCR1986204RESOLUTION #204-86 (As Amended) APPROVAL OF DEVELOPER'S AGREEMENT KURER/BUSHBERGER WHEREAS, the certified survey maps for the Kurer/Bushberger divisions in the NW 1/4 of Section 12 have been approved by the Common Council, and WHEREAS, the Developer's Agreement with attached Declaration of Restrictions has been submitted, and WHEREAS, the Finance Committee has recommended approval, subject to review by the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Developer's Agreement for the Kurer/Bushberger divisions, subject to approval by the City Attorney and City Engineer and payment of all costs required by Section 10 of the Land Division Ordinance. condition that the City Attorney's suggestions in his letter of BE IT FURTHER RESOLVED that this approval is subject to the September 8, 1986 are included in the re-draft of the Developer's Agreement. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the necessary documents in the name of the City. DATED THIS 9th DAY OF September , 1986. APPROVAL OF DEVELOPER'S AGREEME KURERIBUSHBERGER WHEREAS, the certif divisions in the NW Common Council, and WHEREAS, the Develo Restrictions has be WHEREAS, the Financ subject to review b NOW, THEREFORE, BE City of Muskego, up Committee, does her Agreement for the K approval by the City Attorney BE IT FURTHER RESOL to execute the nece DATED THIS FINANCE COMMITTEE Ald. Edwin P. Dumke Ald. Mitchel Penovich Ald. Daniel J. Hilt ATTEST : DEVELOPER'S AGREEMENT This agreement, made this day of , 1986, by the State of Wisconsin, located in Waukesha County, hereinafter "Developers" and the City of Muskego, a municipal corporation of called the "City". 6 and between Lynn L. Kurer and Wayne W. Bushberger, the WITNESSETH: WHEREAS, Developer has submitted for approval by the City, a proposed Land Division by Certified Survey Maps resulting in as Exhibit "A", "B", "C", and "D" (the "Land Division"). Being a several minor subdivisions, copies of which are attached hereto subdivision of a part of the NW 114 of Section 12, T5N, R20E, in the City of Muskego, Waukesha, WI, and WHEREAS, the subject Land Division consists of minor" subdivisions and is, therefore, not subject to Section 236.13 of the Wisconsin Statutes, but the Developer, nevertheless, is willing to make and install certain public improvements reasonable necessary to service certain portions of the Land Division, and further, is willing to dedicate a public street within the Land Division, and to construct such improvements according to municipal specifications without cost to said municipality; and Developer's plans and specifications for Land Division authorized the terms and provisions of this agreement, and improvement and the Common Council has duly approved and approved the final Certified Survey Maps. contained, the parties hereto agree as follows; I, WHEREAS, the City's engineers have duly approved the NOW, THEREFORE, in consideration of the covenants herein SECTION I. IMPROVEMENTS: The Develouer, entirely at its expense, shall: A. SURFACE WATER DRAINAGE: 1. Construct, install, furnish and provide adequate facilities as have been approved by the City Engineer and Public Works Committee prior to the execution hereof plans and specifications attached hereto as Exhibit "E". It is for storm and surface water drainage, in accordance with the understood and agreed that the present topography is sufficient to provide for good and adequate water drainage and that the only road, sanitary sewer, surface water drainage, and storm sewer improvements required are those which are set forth at Exhibit only lots 7 and 8 of Exhibit "B", and lots 11 , 12, and 13 of "E". It is recognized that such improvements touch and concern Exhibit "D", although the sanitary sewer which serves the foregoing lots shall travel through the easement shown at lot 10 of Exhibit "C". 2. The City shall furnish to the Developer, such permits or easements as may be required in any public street or property to enter upon and install the above described surface water drainage sys tem. B. LANDSCAPING: 1. Preserve existing trees, wherever possible, in the construction of Land Division improvements. 2. Remove and lawfully dispose of all old barns, other similar natural growth and all rubbish, as may be on the outbuildings, destroyed trees, brush, tree trunks, shrubs and subject land. SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS: The improvements set forth in Section I above shall be completed by the Developer in total within Eighteen months of the date of this agreement. SECTION 111. DEDICATION Subject to all of the other provisions of this agreement, Developer shall, without charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the roads and streets, storm and surface water drainage facilities, to the City, Its successors and assigns forever, free and clear of all encumbrances 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. fi SECTION IV. INSPECTIONS AND ADMINISTRATION FEES: The Developer shall pay and reimburse the City all fees as - required and at- the times' specified in Section 10 of its Land Division Ordiance. SECTION V. MISCELLANEOUS REQUIREMENTS: The Developer shall: A. Easements: Provide any easements on Developers land deemed necessary by the City's engineers before the final plat is any lot unbuildable or unsaleable or materially less valuable. signed, provided such easements are so located as not to render Land Division and the City shall, therefore, not require the erection of street signs. B. Street Siqns: There are no intersections within the for by this Aqreement to be carried out and performed in a sood C. Manner of Performance: Cause all construction called and workmanliie manner. or other monuments required by statute or ordinance. substantially in the form attached hereto as Exhibit "F". - - D. Survey Monuments: Properly place and install all survey E. Deed Restrictions: Execute and record deed restrictions F. Grades: Furnish to the Building Inspector of the City a 2 copy of Exhibit "A", "B", "C", and "D" showing the street grade in front of each lot, the yard grade and the grade of all four corners on each lot. G. Siqht Distances at Intersections. There are no @ intersections and, therefore, no corner lots within the Land Division and no sight distance restrictions are applicable. SECTION VI. GUARANTEES: Items A and B hereof, against defects due to faulty materials or improvements and other improvements described in Section I. workmanship provided that such defects appear within a period of one (1) year from the date of dedication. The Developer shall materials or workmanship. pay for any damages to City property resulting from such faulty SECTION VII. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of any provisions of this agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless the City, its officers, agents and employees, and shall defend the same from and against any and all liability, claims, loss, damages, interest, actions, suits, judgments, costs, expenses, attorney's fees, and the like to whomsoever owed and by whomsoever and whenever brought or obtained, which may in any manner result from or arise in the course of, out of, or as a result of the Developer's negligent construction or operation of improvements covered thereby, or its violation of any law or ordinance, the infringement by it of any patent, trademark, trade name or copyright, and its use of road improvements prior to hereof. their formal dedication to the City as provided in Section I11 In every such case, where judgment is recovered against the City, if notice and opportunity to defend has been given to the Developer of the pendency of the suit within ten (10) days after its commencement, the judgment shall be conclusive upon the Developer not only as to the amount of damage, but also as to its liability to the City. The Developer shall guarantee the surface water drainage SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASE: The DeVelODer agrees that in addition to the Citv's rishts herein, the proksions 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. CITY COVENANTS SECTION IX. ACCEPTANCE OF WORK AND DEDICATION. As and when the DeveloDer shall have comoleted the improvements herein required, and shall dedicate the same to the City as set forth herein, and same shall be accepted by the City. 3 SECTION X. CONSTRUCTION PERMITS, ETC. The Citv shall, within its authoritv, issue such permits, adopt such resolutions, and execute such-documents as may be necessary to permit Developer to construct the improvements in accordance with plans and specifications called for by this Agreement, upon Developers compliance with any deposit provisions or other requirements of the applicable ordinances or regulations, and the City shall Co-operate with Developer in obtaining similar permits, resolutions, and documents as may be necessary, from other authorities having jurisdiction in the premises. Agreement, make available to the Developer or its nominee City shall, as a condition of the Developer executing this successors or assigns, building permits for the construction of of Section XI. thirteen (13) single family residences, subject to the provisions City shall also permit Developer to place a 4 foot by 8 foot sign advertising said lots for sale, on subject property. Sign mutual agreement of City and Developer for additional 6 month shall be valid for a period of one year and may be renewed upon relating to said sign. intervals. There shall be no cost to the Developer for permits SECTION XI. BUILDING AND OCCUPANCY PERI4ITS: occuwancv wermits shall be issued for lots 7 and 8 of Exhibit "B" It is expressly understood and agreed that no building or and iots- 1 i , 12, and 13 of Exhibit "D", until the Developer, its credit or other evidence acceptable to the City showing that successors or assigns, has provided the City with a letter of sufficient funds are availiable to the Developer to provide for permits shall be issued concerning the foregoing lots until the the improvements described at Section I, above. No occupancy City's engineers have (a) determined that the sewer and surface water drainage facilities required to serve such homes are connected with an operating system as required herein, and (b) roads then existing to serve such homes as sufficient to service that the City's engineers have approved the condition of the the traffic reasonably anticipated during the period prior to the date when the roads must be completed and dedicated. of the Land Division, there shall be no restrictions respecting the issuance of building and occupancy permits conditioned on site improvements for the lots of the Land Division, other than Section. those specifically enumerated in the preceding paragraph of this There being no improvements required for the remaining lots SECTION XII. GENERAL CONDITIONS AND REGULATIONS: All the provisions of the City's subdivision ordinances, highway and street ordinances, and- land division ordinances, not inconsistant with or in conflict with any of the provisions of this Agreement, are incorporated herein by reference, and all such provisions shall bind the parties hereto and be part of the Agreement as fully as if set forth by length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and i) subject to the provisions of said ordinances. It is understood that this agreement is taken from a general form of agreement and that reference may be made to items which are not applicable to the subject Land Division in the particular circumstances. SECTION XI11 PARTIES BOUND: Developer 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 of the Land Division. IN WITNESS WHEREOF, Developer and City have caused this Agreement to be signed by their appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the day and year first written above. (Seal) Lynn L.Kurer, Developer ( Seal ) Wayne W. Bushberger, Developer CITY OF MUSKEG0 (Clerk) 5 A C', u . c. )ORA4 NO. PB5.l .'" ...~ H Stock No. 26273 Exhibit A 3 CERTIFIED SURVEY MAP NO. 8 e' Q 3 i- t & t LOT 3 z k 165.00 S52-IJ'IJ"W WOODS 3 i. 9 iL 9 Irl i. LOT 2 z 96.44 Y b b LOT I 77.972 Y 9 $ n * 'A 4. 175.91 f I in rr) u) - WTE: 0 DEMOTES I- x 24 RON PPE U3 UU. PER LW. FT. -m ----------- --------- P Owners: Wayne Bushberger Lynn Kurer S67 W14381 W. Janesville Rd. Muskego, WI 53150 Surveyor: Stanley J. Potrykus 11000 W. Janesville Rd. Hales,Corners, WI 53130 \I Ir Sheet 1 of 3 /J "-c (c/ , I 9 COUI NO. PBSA .C" ......_ lg Stock No. 26273 Exhibit B I I .I \ \d "tnr.- .. rn Stock No. 26273 Exhibit D J NW co( NW 114 CERTIFIED SURVEY MAP NO. being a part of the NW 1/4 of Section 12, T 5 N, R 20 E, in the City of Muskego, Waukesha County, Wisconsin, " 2 CSM No 12-5-20 502.30 tw, Mm. N 87: 45 57" E I L I L"- RMR I ' PARCEL 2 Qy W 3428 "" - - " " - WH LINE hW II4 12-5-20 ' '' ""- VICINITY SKETCH UTT 12 195,584 9F