CCR1987101AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 11101-87
APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT
CRIMSON MEADOWS
WEREAS, a final plat has been submitted to finalize a nine (9)
SE 114 of Section 10, and
lot subdivision known as Crimson Meadows on Woods Road in the
WHEREAS, the Plan Commission has recommended approval subject
to approval of the subdivider's agreement, letter of credit and
payment of the 1% plan review fee and park dedication fees, and
WHEREAS, a Subdivider's Agreement has been submitted, and the
Finance Committee has recommended approval; and
WHEREAS, the Finance Committee has determined that this
approval requires the house on Lot #9 to connect to the e proposed sanitary sewer.
NOW. THEREFORE. BE IT RESOLVED that the Common Council of the
Cit; of Muskeg;, upon the recommendation of the Plan Commission
Subdivision, subject to approval of all objecting and approving
does hereby approve the Final Plat of the Crimson Meadows
agencies, and receipt of payment of all fees including
attorney, engineer and administrative fees.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is
hereby approved, subject to review of the letter of credit by
the City Attorney.
DATED THIS 26th DAY OF
5/87
- CITY OF MUSKEG0
ESOLUTION 1101-87
\
APPROVAL OF FINAL\PLAT AND SUBDIVIDER'S AGREEMENT
CRIMSON MEADOWS \
SE 114 of Section 10, and
on Woods Road in the
WHEREAS, the Plan
to approval of the
payment of the 1% fees, and
WHEREAS, a
Finance
attorney, engineer and administrative fees.
the City Attorney.
ATTEST:
City Clerk
5/81
jm
\ \
i
PHONE 414-363-7161
Wl82 S8200 Racine Ave
City of Muskego
Muskego, WI 53150
Gentlemen:
We hereby issue our Irrevocable Letter of Credit in your favor for the account
of Crimson Meadows Partnership C/O Lawence T. Neary and Kenneth J. Scheibe,
Wl65 S7893 Sandy Beach Drive, Muskego, WI for a sum not to exceed the aggregate
of Thirty Thousand and no/loo dollars (30,000.00) available by your draft (s)
at sight on us &%en accompanied by :
A statement signed by the Mayor of Muskego stating that the Crimson Fleadows
Partnership has failed to complete the construction of the sewer main or any
other work in accordance with the City of Muskego with reference to the devel- 0 opment agreement with Crimson Meadows Partnership.
This Irrevocable Letter of Credit will terminate on September 1, 1988.
We hereby engage with you that drafts drawn under and in compliance with the
expiration date. This original Letter of Credit must be sutmitted to us
terms of this credit will be duly honored if presented on or before the
affected by us and/or for cancellation.
together with any drawings hereunder for our endorsement of any payments
Sincerely,
Douglas\ R. Bn~ins
A.V.P.- Branch Manager
DRB/kf
e
290
SUBDIVIDER’S AGREEMENT
CRIMSON MEADOWS SUBDIVISION
This agreement, has been made and executed this __ day
of May, 1937, by and between Crimson Meadows Partnership, a
Wisconsin partnership, hereinafter referred to as DEVELOPER;
and the City of Muskego, a Wisconsin municipal corporation,
hereinfter referred to as CITY.
WHEREAS, DEOELOPER has prepared and subm~ tted to CITY for
CITYiS approval , DEVELOPER’S proposead final plat fur Crimson
Meadows Subdiuision, a residential subdivision: and,
WHEREAS, a copy of the said proposed final plat has been
des.ignated .as Exhibi t A? and is appended hereto, and
incorporated here ~n by refer?nce : and,
IJHEREAS, CITY, under and pursuant to authority granted to
it lunder the provisions (of Section 236.13 of the Wisconsin
Statutes, has required that -- as a condi tion of final plat
approval -- DEVELOPER make and install certain improvements
reasonably necess.ary for the zubdivi sion, and has required the
dedication of certain drainage facilities; all according to
CITY‘.S specifications, and without costs to CITY; and,
WHEREAS. DE‘IELUPER’.S plans and spec if icat ions for Crimson
Meadows Subdivision and for the improvements and facilities
hereinabove set forth have been duly approved by CITY’S
engineer and by CITY‘S Common Counci 1, and CITY’S Common
Draft
Page 2
5-21 -87
Counci 1 has approved the prou i si ons of this agreement and the
final plat:
AGREEMENT
' NOW THEREFORE, and in consideration of the mutual
covenants herein contained, the parties hereto agree as
fo1 lows:
I.
IMPROVEMENTS
1. --.ani tarr Sewers: DEVELOPER shal I -- at its sole
expense -- ion-struct ind instal I sani tar~ sewer al I in
accordance with the proposed construction plans of Crimson
.-
e Ple.adows Subdivision and in ac,zordance with CITY'.S standard
sin i tar;/ sewer spec if i czt i ons and requ i remen ts.
2. Surface Water Drainaqe: DEVELOPER shal I -- at its
sole expense -- construct, install, furnish and provide
iacil i ties for storm and surface water drainage throughout the
subdivision, as shown on the proposed construction plans, and
in accordance wi th CITY'S plans and speci fications therefore.
3. Miscellaneous:
A. DE'VELOPER agrees to preserve existing trees, if
I. any, wherever reasonably possible, in the construct ion of
DEVELOPER'S subdi u i si on. ,
r
Draft
Page 3
5-21 -87
0 6. CITY shal 1 provide DEVELOPER such easements and
permits as DEVELOPER may reasonably require for the completion
of improvement5 required by this agreement.
SECTION I1
TIME OF COMPLETION
All improvements set forth in section I above shall be
completed within one (1) year of the date of execution of this
agreement.
SECTION I11
AOMINISTRATIVE A@& INSPECTION
DEVELOPER shal
Chapter 10 of CITY
.?ha1 1 be payable a
.said ordinance.
1 pay to CITY any and dl 1 fees set forth in
'S Land Division Ordinance. All of said fees
t the time and in the manner speci fied in the
SECT I ON I U
DEDICfiTION E IMPROVEMENTS-km ACCEPTANCE BY CITY
Upon completion of the improvements set forth in Section I
hereof, DEVELOPER shall grant, conuey, and dedicate to CITY all
sanitary sewers and al 1 storm and surface water drainage
facilities set fnrth in the said Section 1,'or otherwise shown
on DE'JELOPER'S f inai plat. Such conue~ance shal i be free and
clear of ai I I iens and encumbrances, and shal 1 be wi thout
charge or cost to CITY. Any such conveyance shall include (by
way of example, but not I imitation), any mains, conduits,
Draft
5-21 -87
Page 4
0 pipes, culverts, or similar items which may in any way pertain
to such improvements; and any necessary easements for access
thereto. Upon dedication to city, the improvements shall be
accepted by the CITY if said improvements have been completed
as required by this agreement, and as required by CITY'S
crdinances and other .appl icabl e law and approved by the CITY'S
Engineer. - ==l-.T! dN U
" -, ,:, ,;!-l+F:&:.; -~ -: : ,-;=.c;i .-
"
-,.=, '"C, ",j"" ., I :L:-ir -, .. " 2 ,~ >, 7. *. 2 ? .+ + .: ?,-,e z27, ++- ", " - .. " .. .. - i....?
" ,- "
prou i del by DEVELCtPER. .and the surface !s!atcr drai nage
iacilities to be provided by DEUELOPER against defects due to
faulty workmanship or materials for a period of one (1) year
follnwing the date of dedication by DEVELOPER to CITY and
acceptance by CITY of such improurments. In addition,
DEVELOPER shal 1 ;day for .any damage to CITY proprrty which
lamaye directly results from such defective materials or
workmanship, provided that such damage appears within a period
of one year from the date of dedication and acceptance.
0
SECTION VI
ADDITIONAL REOIREMENTS
DE'JELWER .;ha1 1 , at DEVEL0PER"S cost:
e A. Proui de any easements on DEUELOPER"S 1 and deemed
reasonably necessary by CITY before the final plat is signed,
Draft
Rage 5
5-21 -87
provided that any such easements are SO located
render any lot unbui ldable or unsaleable.
B. Reimburse CITY for the cost, includ
installation, of all street and traffic signs, pos
that CITY may erect wi thin or on account of the
as not to
ing cost for
ts and 1 ights
subdivision
within 12 months from the date of DEVELOPER'S dedication of
improvements to ICITY.
D. Properly place and instal 1 any survey or other
monuments required by z.t.3tl~te or ordinance.
E. Execute and record deed restrictions in the form
attached hereto. made 3. part hereof and designated as Exhibit B
F. Furnizh to CITY'S Building InSp , documen tat i on
showing the street grade in front of each lot, the yard grade
and the grade of al 1 four rorners Of each 1 ot.
G. Plant street trees in accordance with Res. PC. 72-76.
SECTION VI1
INDEMNITY PROUISIONS
In addition to, and not to the exclusion or prejudice of,
any other pro., i si on of th I s agreement or of any document
incorporated herein by reference, DEUELOPER shall indemnify and
I
. Draf t
5-21 -87
Page 6
save harmless the CITY. its officers, agents and emplo~ees, and 0 shal 1 defend the same from and against any and al 1 I iabi 1 i tY,
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 resul t from or ar i SQ in the course of, out
of, or as a resul t of the DE‘JELOPER’S negl i gen t construction or
operation of improvements cowered thereby, or its violation of
any law or ordinance, the infringement by it of any patent,
trademrk, trade name of coprr ight, and i ts use of road
improvements prior to their formal dedication and acceptance by
CITY.
VI I I
AGREEMENT FOR EENEFIT E PURCHASERS:
DEVELOPER agrees that in addition to CITY’S rights herein,
a1 I proui 5i on5 of th~ s agrremrnt shal 1 be for the benef i t of
the purchaser of any I ot or any interest in any lot in the
Crlmson Meadows Subdivision.
IX
BIJILDING AN@ OTHER PERMITS
1. CITY shal 1, wi thin i ts author i ty, issue such permi ts,
adopt such resolutions, and execute such documents as may be
necessary to permi t DEIJELOPER to construct the improvements in
accordance with the phns and spcifications herein set forth,
upon DEVELOPER’S compl i ance with this agreement, and with any
depo51 t provisions or regulations or any other requirements of
'Draf t
5-21 -87
Page 7
0 applicable codes or ordinances; and CITY shall cooperate with
DEVELOPER in obtaining any similar permits, resolutions or
documents that may be necessary from other authorities having
jurisdiction over the subdiuision.
-. '7 CITY shal 1 , .as a condi t ion of the DEVELOPER execu t ing
this agreement, make available to the DEL'ELOPEH or its nominee,
1
successors or assigns,
eight (8) single fami
hereof.
3. It is express
building permi ts for
building permits for the construction of
y residences subject to the provisions
Y agreed that CITY :.ha1 1 not issue any
he construction irf homes wi thin Crimson
0 Meadows Subdivision until CITY'S engineers have determined that
a1 I sani tarr sewer and sur+ace water driinage faci 1 i ties
required to serve any proposed homes are connected with an
operating system as required herein.
SECTION X
CITY'S ORDINANCES
All applicable provisions of CIT'Y'S ordinances are
incorporated herein by reference, and all such provisions shall
be binding upon the parties here to and be a par't of this
agreement as if set forth at length here in. This agreement and
a1 1 work and improvement; retquired hereunder shal 1 be performed
2nd carried out in accordance with and subject to all
Draft
5-21 -87
0 Page 8
applicable provisions of said ordinances.
SECTION XI
CONDITION PRECEDENT = LETTER CREDIT
CITY shal 1 not execute this agreement, un t i 1 DEVELOPER shal 1
have filed with CITY’S clerk, a letter of credit in a form
reasonably accepkable to CITY‘S legal counsel, In an amount not
less than 630,UOO. Such letter of credit shall be drawn in
favor of CITY, and against a commercial bank licensed to
transact business in the State of Wisconsin, and shall
guarintee that the required improvement will be completed by
the Developer ina De~~el~per”~ subcontractors no later than
oneil) year from the date of the recording of the final plat or
the date of the agreement , whichever date comes first, and as a
fIJrkher guarantee that al I ob1 igat ionc to the subcon tractors
for work on the deve 1 opmen t are sat i sf i ad.
SECTIClN SI I
0
ENTIRE AGREEMENT
This 3greement, and the related exhibits, documents, and
proposed final plit constitute the entire agreement and
understanding between the parties as to the subject matter
binding upon each of them, and upon their successors or
assigns; 3nd each party acknowledges that this agreement has
Draft
5-21 -57
Page 9
assigns; and each party acKnowledges that this agreement has
0 been duly Signed by their appropriate officers and is a Val id,
binding, and enforceable act of each executing entity.
IN WITNESS WHEREOF, DEVELOPER and CITY have caused th
agreement to be signed by their appropriate officers and the
seals to be hereunto affixed on the day and year first abo
wr i t ten.
DE'JELOPER
CRIMSON MEADOWS FARTNERSHIP
BY: I
Kenneth J. Sd9e I be, Partner
CITY OF MUSKEGO
BY:
WAYNE G. SALENTINE, Mayor
Attest:
CHARLOTTE L. STEWART, Clerk
THIS INSTRUMENT DRAFTEO BY:
Attorney at Law
William C. Yellin
is
ir
ve