Loading...
CCR1988004COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 84-88 APPROVAL OF FINAL PLAT AND SUBDIVIDER‘S AGREEMENT WOODCREST HEIGHTS - PHASE I WHEREAS, a Final Plat was submitted on September 30, 1987 for Phase I of Woodcrest Heights, a 45 lot planned unit development on the northwest corner of Racine Avenue and Woods Road, and WHEREAS, the Preliminary Plat for 83 lots was approved in Resolution #160-87 As Amended on 7/28/87, subject to certain conditions which have been met, and WHEREAS, the Plan Commission has recommended approval, and WHEREAS, the Plan Commission and Finance Committee have recommended approval of the Subdivider’s Agreement subject to conditions which have now been met. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the Final Plat for Phase I of Woodcrest Heights, a 45 lot planned unit development, subject to the approval of the City Engineer and all objecting and approving agencies; and, receipt of payment of any and all attorney, engineer, administrative, etc. fees. 0 BE IT FURTHER RESOLVED that the Subdivider’s Agreement is hereby approved subject to approval of the City Attorney. DATED THIS 1‘2.@, DAY OF , 1988. U ATTEST: w- .. IRREVOCABLE STANDBY LETTER OF CREDIT a- LM mh tm State Bank Hales Corners 10708 W. Janesville Rd. Hales Corners, WI 53130 lNlYf UO IOORLSS OF ISSUING BAUU AMOUNT $740,000.00 NO. 8712 DATE December 4. 1987 TO City of Muskego Muskego, WI 53150 . - WE HEREBY AUTHORRE YOU TO DRAW ON us FOR THE ACCOUNT OF Klenz-DeBack Partners UPTO~AGGREG*EAMOUNTOF $740~000.00 We hereby issue this Irrevocable Standby Letter of Credit in your favor (the beneficiary's) which is available by beneficiary's draft (s) at sight drawn on State Bank Hales Corners. Hales Corners, Wisconsin. Each draft and accompanying documents must state "Drawn under State Bank Hales Corners, Hales Corners, WI, Letter of Credit No. 8713. This Standby Letter of Credit is to provide security to the City of Muskego for the performance of Klenz-DeBack Partners obligations to complete the construction of all City of Muskego, property reference currently being Tax Key No. MSKC 2223.991, MSKC improvements required by subdividers agreement between Klenz-DeBack Partners and the 2223.992, Part of MSKC 2223.993 and Part of MSKC ,2228.994. Drafts are to be accompanied by a Statement by the Mayor of the City of Muskego stating that Klenz-DeBack Partners has failed to complete the.construction of all improvements in accordance with said agreement. Said statement shall Bet forth the estimated amount necessary for the City of Muskego to complete such improvemente. SDecial Condition&: It io hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and such reference shall not be conatrued in any manner to SPECIAL INSTRUCTIONS: See Reverse Side AVAILABLE BY YOUR ORAFflSl AT SIGHT TO BE ACCOMPANIED BY 0 ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT. PARTIAL DRAWINGS PERMll7ED 0 NOT PERMITTED. NO. 8713 DATED December 4 , 19llL.- THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11W REVISIONI. INTERNATIONAL CHAMBER OF COMMERCE BROCHURE NO. a. WE AGREE WITH YOU TO PAY DRAFTIS1 DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF PRESENTEO AT THIS OFFICE TOG€THER WITH THIS LFITER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON December 4 ,1987. State Bank Hales Corners YAM€ or B" 7. Stock No. 11214 .. I -y , - SUBDIVIDER'S AGREEMEW WOOIXREST HEIGHTS This agreement, made this 19th day of January , 19118 by and ktween KLENZ-DEBACK PARTNERS, the "DEVELOPERS", and the CITY OF MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". WITNESSETH WHEREAS, Developers have submitted for approval by the City a proposed final plat for WOODCREST HEIGHTS, a residential planned unit subdivision, a copy of which is attached hereto, made a part hereof and marked Exhibit "A" (The 'Subdivision') 8 and WHEREAS, S236.13 of the Wisconsin Statutes provides that as a condition. of plat approval, the governing body of the City may require that the Developers make and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipalityr and WHEREAS, the City's Engineers have duly approved the Developer's plans and specifications for Subdivision improvements and the Common Council has duly approved and authorized the terms and provisions of this agreement and approved the final plat of Woodcrest Heights, NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: SECTION 'I, IMPROVEMENTS: The developers, enti'rely at their expense, shall: A. Roads, Streets, Sewers and Water: Construct and install Sanitary sewer and municipal water mains, grade and improve all roads and streets in accordance with the plat of said Subdivision and the plans and specifications attached hereto, made a part hereof and marked Exhibit "B", all in accordance with the City's street specification6. 8. Surface Water Drainage: 1. Construct, install, furnish and provide adequate facilities a6 approved by the City Engineer and Public Works Committee for storm and surface water drainage throughout the entire Subdivision, in accordance with the plans and specifications attached hereto, made a part hereof and marked Exhibit "C". 2. The City shall furnish to the Developers 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 system. C. Landscaping: 1. Preserve existing trees whereever possible, in the construction of subdivision improvements. 2. Remove and lawfully dispose of all old barns, outbuildings, destroyed trees, trunks, brush, shrubs and other similar natural growth and all rubbish. 3. Comply with the City of Muskego Soil Erosion Control Ord. and as per soil Erosion Control Plan as filed with City Building Insp. for Woodcrest Heights. * ,/- SECTION 11. TIME OF COMPLETION OF IMPROVEMEWS: The improvements set forth in Section I above shall be campleted by the Developers in total within twelve (12) months of the date of this agreement or recording of the final plat, whichever shall come first unless mutally extended. SECTION 111. DEDICATION: Subject to all of the other provisions of this agreement, Developers shall, without charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the roads and streets, sanitary sewer, water system, 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. SECTION IV. INSPECTIONS AND ADMINISTRATION FEES: The Developers shall pay and reimburse the City all fees as required and at the time specified in ChaHer 10 of its Land Division Ordinance. SECTION V. MISCELLANEOUS REQUIREMEMI'S: The Developer shall: A. Easementsi Provide any easements on Developers 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. 8. Street Signs 6 Lights: Reimburse the City, the cost of all Street signa, posts and lights 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 and workmanlike manner. D. Survey Monuments: Properly place and install any survey or other monuments required by statute or ordinance. E. Deed Restrictions: Execute and record deed restrictions in the form attached hereto, made a part hereof and marked Exhibit "D". F. Grades: Furnish to the Building Inspector of the City a copy of Exhibit "C" showing the street grade in front of each lot, the yard grade and the grade'of all four corners of each lot. G. Street Trees, Berms and Plantings: Construct an earth berm on Racine Ave. to the rear and/or side of lots abutting Racine Ave, and require by Deed Restriction street tree plantings in accordance with Res. PC. 72-76. SECTION VI. GUARAWES: The Developer shall guarantee the surface water drainage improvments and other improvements described in Section I. items A, B and C hereof, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of dedication and acceptance. - ' The Developers shall pay for any damages to City resulting from such faulty materials or workmanship. SECTION VII. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, a.ny provisions of this agreement or documents incorporated herein by reference, Developers 2 /" ' i* I \\ \ shall indemnify and save harmless the City, its officers, agents and employees, and shall defend the sama from and against any and all liability, claims, loss damages, intereat actions, suits, judgments, costs, expenses, attorneys 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 Developers' negligent construction or operation of improvements covered thereby, or its violation of any law or ordinance, the infringment by it of any patent, trademark, trade name of copyright, and its use of road improvements prior to their formal dedication and acceptance by the City. SECTION VIII. AGREEMEW FOR BENEFIT OF PURCHASERS: The Developers agree that in addition to the City's rights herein, the provisions 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. SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: As and when the Developers shall have completed the improvements herein required, 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 applicable 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 as may be necessary to permit Developers to construct the improvments in accordance with the plans and specifications called for by this agreement, upon Developers' compliance with any deposit provisions or regulations or other requirements of applicable ordinances; and the City shall cooperate with Developers in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 2. The City shall, as a condition of the Developers executing this agreement, make available to the Developers or the nominee, successors or assigns, building permits for the construction of Twenty Two (22) single family residences, Twenty One (21) two family residences and Forty Eight (48) multi-family units subject to the provisions of Section XI. 3. City.shal1 also permit Developers to place Two 4 Ft by 8 Ft Signs advertising said lots for sale, on subject property, Sign shall be valid for a period of one year and may be renewed upon mutual agreement of City and Developers for additional 6 month intervals. There shall be no Cost to the Developer for permits relating to said signs. SECTION XI. BUILDING AND OCCUPANCY PERMITS: The TxXveloperrs-(or-the-Developers on behal: of purchasers of lots .. - from Developers) shall, after the execution of this agreement, be allowed to apply for, and upon proper application the City shall grant, building permits for the conetruction of single, two family and multi-family homes and buildings to be constructed upon such lots in the Subdivision as MY be selected by the Developers, their nominee's or assigns. , 3 '~ \ /// .. e '~ \ \ It is expressly understod and agreed, however, that no occupancy permits shall be issued for the said homes, until the City's engineers have determined that (a) the sewer and surface water drainage facilities required to serve such homes are connected with an operating system as required herein, and (b) that the City's engineers have approved the condition of the roads then existing to serve such homes as sufficient to service the traffic reasonably anticipated during the period prior to the date when the roads must be completed and dedicated. SECTION XII. GENERAL CONDITIONS AND REGULATIONS: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this agreement as fully as if set forth at length herein. This agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. ' SECTION XIII. FINANCIAL GUARANTEE: Prior to the execution of this contract by the City, the Developers shall file with the City, a letter of credit setting forth terms and conditions approved by the City Attorney, in the amount of $740,000. as a guarantee that the required improvements will be completed by the Developers and their subcontractors no later than (1) year from the date of the recording of the final plat or the date of this agreement, whichever date comes first, and as a further guarantee that all obligations to the subcontractors for work performed on the development are satisfied. SECTION XIV. PARTIES BOUND: Developera or their 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, Developers 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. DEVELOPERS: KLENZ-DEBACK PARTNERS Robert W. Klenz By: Harold DeBack - ~ By: Wayne G. Salentine, Mayor This instrument was drafted by: Robert W. Klenz Charlotte L; Stewark,-Clerk \ \ \ 4