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CCR1987136I- COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 1136-87 APPROVAL OF SUBDIVIDER'S AGREEMENT WILLOW POND RE IT RESOLVED that the Common Council upon the recommendation of the Finance approve the Subdivider's Agreement for development, subject to compliance with recommendations of June 16, 1987, and request that the road reservation DATED THIS DAY OF ,/ , 1987. ANCE COMMITTEE . Mitchel Penovich / ATTEST: / City Clerk 6/87 / jm / June 16, 1987 Mr. Gerald P. Lee CITY OF MUSKEG0 Building Inspector P. 0. Box 903 Muskego, WI 53150 I Re: Willow Pond Development Dear Gerry: On June 15, 1987 I received and made a general review of the proposed Agreement in the above matter. After our discussion of the same, I have the following general comments concerning possible changes: 0 1. 2. 3. 4. 5. the engineer, I think it should be. I also believe that the If said Agreement has not been reviewed by both the planner and sewer and water aspects should be reviewed by the appropriate committees. It appears that the road, sewer, water lines and any other public improvements should be dedicated to the City using the wording used in our subdivision Developer's Agreements, which should be provided to the developer. These public improvements, apparently, include a road, sewer and water mains and possibly other improvements. There should also be a financial guarantee similar to those provided for under the Developer's Agreement 'and ordinance. Page 2, the top paragraph refers to this Agreement modifying City ordinances. It is not my understanding that this type of agreement would do that. be submitted. I would assume that that would be attached to Paragraph D on Page 3 refers to when certain detailed plans will this Agreement before it would be approved. Paragraph E on Page 3 makes reference to certain "reservations". 7. 0. L.", OFFICE5 OF ARENZ, MOLTER, MACY h RIFFLE I would presume it should refer to dedications. think there should be outside completion dates similar to those Paragraph F on Page 4 refers to projected completion. I would used in subdivision agreements. Section 11 and I11 refer to water and sewer. The mains should be dedicated and the appropriate committees and engineers should review these provisions. Section VI, Paragraph C on Page 7 should specifically include all of the fees used in subdivision agreements. Sincerely, AB-JHZ, MOLTER, MACY 6 RIFFLE, S.C. Donald S. Molter, Jr. t. . DSM/pw cc: Mayor Xayne Salentine SUBDIVIDER'S AGREEMENT This agreement, made this day of 198 , the "Developer", and the CITY OF - by and between MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukefha County, hereinafter called the "City". "" KITNESSETH WHEREAS, Developer has submitted for approval by the City a proposed final plat for , , a residential subdivision, a copy of which is attached hereto, made a part hereof and marked Exhibit "A" (the "Subdivision"); and YHEREAS, 5236.13 of tne Wisconsin Statutes provides that as a condition of plat approval. :he governing body of the City may require that the Developer ~eie and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other vays vithin the Subdivision, to be conditioned upon the consrruction of said improveaents according tc municipal specifications wi:hout cos: :o said municipality; and YHEREAS, tne City's Engineers have duly approved the Developer's plans and specifications for Subdivision improvement and the Common Council has duly approved and auihorized the terms and provisions of this agreement and approved :he rlnal plat of _. Noh', THEREFORE, in cocsideration of the covenant5 herein contained, the parties hereto ~gree as foliovs: SECTIOK I. IHPROVEYEKTS : The Developer, entirely a: irs expense, shall: A. Roads and Streets: Crade and improve a?; roads and -~ ~- streets in accordance with the plat of said Subdivision and the placs and specifications attached hereto, made a part hereof and marked Exhibit "8". all in accordance vith the City's street specifications. - - - - - - _ - __ B. Surface Water Drai-aee: I. Construct, insrall, furnish and provide adequate Eaci1i:ies as approved by :ne Ci:y Engineer and Public Works Committee for storm and surface vater drainage throughout the entire subdivision. in accordance vith the plans and specifications attached hereto, made a part hereof and marked 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 vater drainage system. C. Landsc9ing: "" " 1. Preserve existing trees, vherever possible, in the construction of Subdivision improvements. 2. Remove and lavfully dispose of all old barns, outbuildings, des:roped trees, brush, tree :runks, shrubs and other si~ilar natural grovtn and all rubbish. SECTLCK 11. TIME OF COE*.PLE?lOh' OF IFPROVEMENTS: ?he inprcvemenrs set forrh in Section I above shall be completed by ::le Developer in total vitnin twelve (12) months of the dare of this agreement or recording of the final plat, vhichever da:e comes first.; "_ 0 SECTIOK 11;. DEDICATION: Subject to all of the other provisions of this agree'ment, Developer shall, virnour charge to the City, upon completion of the above descrijel improvenents, uncondi!ionallp give, grant. convey and fully decicate the roads and streezs, storm and surface vater Grainage facilities to the City, i:s successors and assigns, forevcr, free and clear of all encumbrances uha:ever, tcgether vitn ana icrluding, vithout limitation because of enumeration, any an: ail laxd, buildings, structures, mains, conduits, pirer , 1iy.e~ pian: ~ ~achinery, equipmer.:, appurtenances and heredi:aments vhich map ir. any way be a part of or pertain to such improvemenrs and together vith any and all necessary easexents for access thereto. SECTIOh' I\'. IKSPECTIONS AND A.DMIRISTRATIOF FEES: The Developer sna:: pay and reimburse the City all fees as required and a: :he tiaes specified it? 510 of its Land Division Ordinance. -2- _. ;%s ' a SECTION V. MISCELLANEOUS ~ REQUIREMENTS: The Developer shall: A. Easements: Provide any easements on Developer's land deemed necessary by the City Engineers before the final plat is signed, provided such easements are so located as not to render any lot unbuildable or unsaleable. B. Street Signs: - Reimburse the City for the cost of all street signs and posts and the cost of their installation, this to include all traffic signs. C. Manner of Performance: Cause all construction called - - "" _" - "_ for by this agreement to be carried out and performed in a good ana vorkmanlike mznner D. Survev Yocuments: Properly place and ins:a!l any "" - survey or other monuments required by statute or ordinance. E. Deed Restrictions: Execute and record deed res~ric:ions in the fore: attached hereto, made a part hereof and marked Exhibit "D". F. Grades: Furnish LO the Building Icspector of the City a copy of Exhibit "A" snoving the street grade in front of each lot, the yard grade and the grade of all four corners of each lot. e SECTION VZ. GCAKANTEES: The Developer shall guarantee the surface vater drainage improvements ana @:her improvements described ir. Section I, items A, E ana C hereof, against defects due to faul:? materials or uorZmanship providec tha: such defects appear ~i:hin a period of one (ij year from cne da:e of dedi:ation and aczeptance. The Developer snal: pay for zn? dar;ages to City prc?erty resulting from such faulty ma:erials or workmanship. SECTION VII. GENERPL IIJDEMNITY: In addi:ion io, and not LO the exclusion cr prejudice of, any provisions of this agreemen: or documents incorporated herein by reference, Develope: snall indemnify and save harmless the City, its officers, ageo:s anc employees, and shall defend the 0 same from and agains: any and all liability, ciaims, loss -3- 0 damages, interest actions, suits, judgments, costs, expenses, attorney's fees, and the like to vhomsoever owed and by vhomsoever and whenever brought or obtained, vhich 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 lav or name I thei ordinance, the infringement by it of any patent, trademark, trade or copyright, and its use of road improvements prior to here r formal dedication and acceptance to the City. SECTION VIII. AGREEYENT FOR BENEFIT OF PURCHASERS: The Developer agrees tha: in addition to the City's rights in, the provisions of :nis agreement shall be for the benefit of the purchaser of any lo: or any interest in any lot or parcel of land in the Subdivision. SECTiOK IX. ACCEPTANCE OF WORK AND DEDICATION: AS and vhen the Eeveloper shall have completed the improvcments herein reqcirei, and shall dedi:ate the same to the City as set forth hereic, tne same shall be accepted by The City -- said improvements have Seen completed as required by this agreement and as required 5, applicable City ordinances and other app?icable lav ana a?croveo by :he City Engineers. 0 i: SECTION X. CONSTRUCTIOK ?ERMITS ETC.: 1. Tne City snal?, vithin its authority, issue such permits, adopt such resolu:ions, and execu:e such documents as ~ay 3e necessary :o permit Developer to construct the :mprovements ir! accordan:e vith plans an2 specifications called for 5, this agr?emen:, upor; Ceveloper's compliance vith any zeposi: provisions or o:her reaciremencs of tne applicable srcinances or regulations; and tne City shal; cooperate vitb 3eveloper in obtaining similar permits, resolutions and documents as may be necessary .from other authorities having jurisdiction in :ne premises. 2. The Ci:y shall, as a condition of the Developer executing this agreemen:, ~ake available to the Developer or its 0 nominee successors or assigns, building permits for the -L - construction the provisio of single family residences subject to ns of Section XI. SECTION XI. BUILDING AND OCCUPANCY PERMITS: The Developer shall be alloved to construct no more than two (2) model homes. It is expressly understood and agreed that no building permits shall be issued, nor shall any occupancy permits be issued either for the said model homes, or any other homes, until the City's Engineers have determined that: A. The sever and surface water drainage facilities required to serve such homes are connected vith an operating system as required herein, and B. Thar the City's Engineers have approved :he condition of the roads then existing to serve such homes as sufficient to service the :raffic reasonab!!: anticipa:ed during the period prior to tie date vhen the roads mu6: be completed an? dedicated. SECTION XI:. GENERAL COKDITIONS AND REGULATIONS: All the provisions of :he City's ordinances are incorporated herein by reference, and all such provision: shali bind the parties hereto and be a parc of this agreement as fully as if set forth af length herein. This agreement and all vork and improvements required hereunce: shall be performed ant carried out in strict accordance vi:n s2d subject to the provisions of said ordinances. - SECTION XII:. FINANCIAL G'JARANTEE: Prior to execution of :his contract by rhe City, :he Develope: shal! file vith the City a 1et:er of credic setting forch terms and conditions appr~ved by the City httorioy in the amoun: of ,C a: a gcara-tee tha: the required improvemenrs vi11 be complete6 5y the Developer and his subcontractors no later :ha: one (1) year from the date of the recording of the final plat or :he date of the agreement, vtiichever dete comes first, an@ as a further guarantee that all obligations to the suDconcrac:ors for work on the development are sarisfied. -5- SECTION XIV. PARTIES BOL'ND: Developer OK 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 Subdivision. IN WITNESS WHEREOF, Developer and City have caused this agreement to be signed by their appropriate officers and their seal5 to be hereunto affixed in duplicate original counterparts on the day and year first vritten above. DEVELOPER CITY OF HUSKEGO By: WAYNE G. SALENTINE, Mayor By: CHARLOTTE L. STEWART, Clerk -6-