CCR1987217.
D COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #217-87
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEMENT
ADRIAN HEIGHTS
WHEREAS, a Final Plat was submitted on July 20, 1987 for the one
lot Adrian Heights Subdivision, a subdivision of a part of the SW
1 /4 of the SW 1 /4 of Section 5, and
WHEREAS, the Preliminary Plat was approved in Resolution #l50-87
on 7/28/87, and
WHEREAS, the Plan Commission has recommended approval, subject to
compliance with the City Engineer's concerns regarding the road
extension and payment of necessary fees.
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
Subdivision, subject to the conditions imposed by the Plan
does hereby approve the Final Plat for the one lot Adrian Heights
Commission; approval of the City Engineer and all objecting and
approving agencies; and receipt of payment of any and all
attorney, engineer, administrative, etc. fees.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby
approved upon the recommendation of the Finance Committee,
subject to approval of the City Attorney and approval of the City
Engineer.
DATED THIS JQ-& DAY OF
ATTEST : n
:.
I *. . I
e
-.
"_. - .- .
.I
SUBDIVIDER'S ACRfiEHEHT
This agreement, made this 28th. day of October 1987
by and between Adrian Schmidt
HUSKECO. a municipal corporation of the State of Wisconsin,
located in Vaukepha County, hereinafter called the "City".
"""
, the "Developer", and the CITY OF
" *
WITNESSETH
WHEREAS, Developer has submitted for spprovsl by the C'ity a
proposed final plat for ADRIAN HEIGHTS , a residential
subdivision, a copy of which is attached hereto, made a part
hereof end marked Exhibit "A" (the "Subdiviaion"); and
WHEREAS, 1236.13 oi the Wisconsin Statutes provides that as
a condition of plat approval, the governing body of the City may
require that the Developer make and install certain public
improvemeqts reasonably necessary for the Subdivision and
further, may require dedication of public streets. alleys or.
0thp.r ways within the Subdivision, to be conditioned upon the
COn6trUction of said improvements according to municipal
specifications without cost to said municipality: and
WHEREAS, the City's Engineers have duly approved the
Developer's plans and 6pecification6 for Subdivision improvement
and the Common Council has duly approved and authorized the terms
and Provisions of this agreement and approved the final plat of
ADRIAN HEIGHTS.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
- SECTIOR I. IHPROVEHECTS:
The Developer, entirely 8: its expense, shall:
A- " Roads and Streets: Grade and improve all roads and
- - - - " " - -
streets io accordance with the plat of said Subdivision and the
plans and specifications attached hereto, made a part hereof and
marked Exhibit "E", all in accordance with the City's street
spec i f icat ions.
.
enr ire subdivisiu~, ~n accordance with the pia-5 ac!
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 inatall the above described- surface water
drainage system.
C. - Landscapin%:
1. Preserve existing trees, wherever possible, in the
construction of Subdivision improvements.
2. Remove and lawfully dispose of all old barns,
outbuildings, destroyed trees, brush, tree trunks, shrubs and
other similar natural growth and all rubbish.
SECTION XI. TIME OF COMPLETION OF IHPROVEHENTS:
The improvements set forth in Section I above shall be
completed by the Developer in total within tvelve (12) months Of
the date of this agreement or recording of the final plat,
whichever date comes first.;
SECTION 1II. DEDICATlON:
Subject to all of the other provisions of this agreement.
Developer shall, without charge to the City, upcn completion Of
the above descriLed improvements, unconditionally give, grant.
convey and fully decicate the roads and streets, storm and
surface vater drainage facilities to the City, its ~ucc~s~O~S and
assigns, forever, free and clear of all encumbrances whatever.
together with and ir:luding, without limitation because Of
enumeration, any anc all land, buildings, structures, mains,
Conduits, pipes, 1ir.e~ 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.
SECTlON IV. IKSPECTIONS AND ADHINISTRATION FEES:
The Developer shall pay and reimburse the City all fees a'
required and at the rimes specified in 510 of its Land Division
Ordinance.
-2-
SECTION \I. hlSCELLAHECUS "iZE"EEE*'TS _"""
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 easementa are so located ab not to render
any lot unbuildable or unsaleable.
8. Street Signs: - Reimburse the City for the cost of all
street signs and posts and the coat of their inatallation, this
to include ell traffic signs.
C. Hanner of Performance: Cause all construction called
for by this agreement to be carried out and performed in a good
and workman1 ike manner.
D. Survev Honumenta: Properly place and install any
survey or other monuments required by statute or ordinance.
"" L
Grades: Furnish to the Building Inspector of the City
a copy of Exhibit "A" showing the street grade in front of each
E-
lot, the yard grade and the grade of all four corner5 of each
lot.
SECTION VI. GUARANTEES:
The Developer shall guarantee the surface water drainage
improvements end other improvements described in Section I. items
A, B and C hereof, against defects due to faulty materials or
workmanship provided tha: such defects appear within a period Of
one
Deve
from
1) year from the dare oE dedication and acceptance. The
oper shall pay for any damages to City proqerty resulting
Such faulty materials or vorkmanship.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of,
" ""
any provieions of this agreement or documents incorporated herein
by reference. Developer shall indemnify and save harmleas the
City, its officers, agents and employees, and shall defend the
same from and against any and all liability, claims. loss
-3-
r
i-
damages. interest actions, suits, judgments, costs, expenses,
attorney's fees, and the like to vhore;;cver oved and by
vhomroever and whenever brought or obtained, vhich may in any
manner result from or arise in the course of, out of, or a5 a
result of the Developer's negligent construction or operation of
improvements Covered thereby, or its violation of any lav or
ordinance. the infringement by it of any patent, trademark, trade
name or copyri.&ht, ?and its use of road improvements pria'r 1'0
their formal dedication and acceptancebv the City. ~-
"""" - SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer agrees that in addit,ion to the City's rights
herein, the provisions of this agreement aha1.l be for the benefit
of the purchaser of any lot or any interest in any lot or parcel
of land in the Subdivision.
"- SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
A6 and vhen the Developer shall have completed the
improvements herein r'equired, and shall dedicate the same to the
City as set forth herein, the same shall be accepted by the City
if said improvements have been completed as required by this
agreement and as required by arplicable City ordinances and other
applicable law and approved by the City Engineers.
SECTION X. CONSTRUCTION PERMiTS ETC
1. The City shall, within its authority, issue such
permits, adopt such resolutions. and execute such documents ES
nay be necessary to permit Developer to construct the
improvements in accordance with pians and specifications called
ior by this agreement, upon Developer's compliance with an?
leposit provisions or other requirements of the applicable
ordinances or regulations: and the City shall cooperate With
Developer in obtaining similar permits, reeolutions and documents
as may be necessary #from other authorities having jurisdiction in
the premises. ..
2. The City shall, as a condition of th.e Developer
erccucing this aareement, make available to the Developer Or its'
nominee successors or assigns, building permits for the
~* ..
I I'
1 J' 1 . 2os:ruccion of * one s:ngi= fami;? residences SU~:,,: co
the ~rovisions of Section XI.
" SECTION XI. " BUILDING AND OCCUPANCY ""-I-" PERMITS:
The Developer shall be allowed to conscruct no more than one'
l (1) model home . IC ia expressly understood and agreed char no
~ building permits ghall be issued, nor shall any ociupancy permics , be issued either for the said model home , or any other homes.
~ .unci1 the City's Engineers have determined that:
I
A. The sever and surface water drainage facilities required
to serve such homes arc connected with an operacing system as
required herein, and
B. That :he City's Engineers have approved the condition of
the roads then existing to serve such homes as sufficient t5
service the traffic reasonably anticipated during the period
prior to the date when the roads must be completed an? dedicated.
I "
SECTION XII. GENERAL CONDITIONS AND REGULbTIONS:
""""""I
All the provisions of the City's ordinances are incorporated
reference, and all such provisions shall bind ChC
partles hereto and be a parr of this agreement as fully as if SEt
forth a: length herein. This agreement and all work and
l improvemeccs required bereunder shall be performed ani carried
00: in stri:t accordance vi:h and subject to the provisioas Of
said ordinances.
..
SECTION XIV PARTIES BOUND:
Developer or its assignees shall be bound by the terms of
this agreement or any part herein as it sppIies to any phase Of
the development of the Subdivision.
IN WITNESS WHEREOF, Developer and City 'have caused this
agreement to be signed by their appropriats officers and their
Seal6 to be hereunto affixed in duplicate original counterparts
on the dry and year fir6t vritten above.
DFVELOI'ER CITY OF HUSKEGO
-"""" """""""" Adrian Schmiat VAYNE C. SALENTINE, Mayor
BY I
CHARLOTTE L. STEWART, Clerk
October 2c, 1987
a
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO: 10087
AMOUNT: $10,000.00
APPLICANT: Adrian D. Schmidt
570 W200179 Adrian Drive
Muskego, Wisconsin 53150
BENEFICIARY: City of Muskeqo
8200 South Racine Avenue
Muskego, Wisconsin 53150
EXPIRY DATE: April 16, 1989 at our counters
Dear Sirs:
We hereby issue this irrevocable documentary credit in your
favor which is available by beneficiary's draft(s) at sight
drawn on Lincoln State Bank. Each draft accompanying documents
must state "Drawn under Lincoln State Bank Documentary Credit
No. 10087".
This Standby Credit is to provide security to the City of
Muskeqo for the performance of Adrian Schmidt obligations
under that certain Agreement dated October 16, 1987 between
the City of Muskego, and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating
that Adrian D. Schmidt has failed to complete the construction
of road improvments in accordance with said Agreement. Said
statement shall set forth the estimated amount necessary for
the City of Muskego to complete such improvements.
Page 2, AN INTEGRAL PART OF STANDBY~CREDIT"NO.10087
Dated October 28, 1987.
SPECIAL CONDITIONS:
This standby credit will terminate on the 16th day of April,
1989 provided, however, Lincoln State Bank shall give written
notice to the beneficiary of its intention to terminate this
standby credit at least 90 days prior to said 16th day of April,
-1989. After said date this letter of credit can only terminate
upon 90 days written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference
to "Agreement" is for identification purposes only and such
Lincoln State Bank, to inquire into its terms and obligations.
reference shall not be construed in any manner to require
We engage with you that drafts drawn under and in compliance
with the terms of this credit will by duly honored if presented
on or before the expiry date. This original Standby Credit must
be submitted to us together with any drawings hereunder for our
endorsement of any payments effected by us and /os for cancel-
lation.
Very truly yours,
LINCOLN STATE BANK
I'
.
October 23,1987
Mr. Gene Kovacs
City of Muskego
Building Department
W182 58200 Racine Avenue
Muskego, WI 53150
RE: IRREVOCABLE STANDBY DOCUMENTARY CREDIT #lo087
Applicant: Adrian D. Schmidt
Muskego,WI 53150
S70 W200179 Adrian Drive
Beneficiary:
W182 58200 Racine Avenue
City of Muskego
Muskego, WI 53150
Dear Sir:
Letter of Credit #10087. The changes are as follows:
Please accept this document as formal amendment to our
1. This Standby Credit is to provide security
to the City of Muskego for the performance
of Adrian Schmidt obligations under that
certain agreement dated October 28, 1987
between the City of Muskego, and applicant.
2. The Termination date will be January 26, 1990.
If you have any questions regarding these changes, please
contact me.
Very truly yours,
Assistant Vice President
,