CCR1988071COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1171-aa
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEMENT
GOLDEN COUNTRY ESTATES
WHEREAS, a Final Plat was submitted on 1/4/88 for a 47 lot
planned unit development known as Golden Country Estates located
in the NE 114 of the SW 114 of Section 2, and
WHEREAS, the Preliminary Plat was approved in Resolution f191-87
on 9/8/87, and
WHEREAS, the Plan Commission has recommend approval, and
WHEREAS, the Ordinance 11607 to rezone the property to RS-2 (OPD)
has been adopted, and
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee and the Plan Commission.
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 the 47 lot Golden Country
Estates planned unit development, subject to the approval of the
City Engineer and all objecting and approving agencies; and,
administrative, etc. fees.
receipt of payment of any and all attorney, engineer,
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby
approved subject to approval of the City Attorney and City
Engineer.
DATED THIS a/,& DAY OF
ATTEST:
DEFERRED 4/12/88
SUBDIVIDER'S AGREEMENT
between KOSOBUCXI EXOTHERS PARTNERSHIP, the "Developer", and the
This agreement, made this day of April, 1988 by and
CITY OF MUSXEGO, a municipal corporation of the State of
Wisconsin, located in Waukesha County, hereinafter called the
"City".
WITNESSETH
proposed final plac for Golden Country Estates, a residential
WHEREAS, Developer has submitted for approval by the City a
subdivision, a copy of which is attached hereto, made a part
hereof and marked Exhibit "A" (the "Subdivision") ; and
WHEREAS, Section 236.13 of the Wisconsin Statutes provides
that as a conditior. of plat approval, the governing body of the
City may require that the Developer make and install certain
public improvements reasonably necessary for the Subdivision and
other ways within the Subdivision, to be conditioned upon the
further, may require dedication of public streets, alleys or
construction of said improvements according to municipal
specifications without cost to said municipality; and
0 WHEREAS, the City's Engineers have duly approved the
Developer's plans and specifications 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
Golden Country Estates.
contained, the parties hereto agree as follows:
NOW, THEREFORE, in consideration of the covenants herein
SECTION I. IWROVEMENTS:
The Developer, entirely at its expense, shall:
A. Roads and Streets: Grade and improve all roads and
streets in accordance with the plat of said Subdivision and the
marked Exhibit "B", all in accordance with the City's street
plans and specifications attached hereto, made a part hereof and
specifications.
B. Surface Eater Drainaqe:
1.
facilities as approved by the City Engineer and Public Works
Construct,. install, furnish and provide adequate
Committee for ston 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 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 system. I
C. Sanitarv Sewer: Construct, install, furnish and
provide a complete sanitary sewage collection system throughout
the entire subdivision, all in accordance with the plans,
specifications and drawings attached hereto as Exhibit I'D".
D. Landscapinq:
construction of Subdivision improvements.
1. Preserve existing trees, wherever possible, in the
outbuildings, destroyed trees, brush, tree trunks, shrubs and
2. Remove and lawfully dispose of all old barns,
o.ther similar,natural growth and all rubbish.
accordance with Section 8.13 of the Muskego Land Division
3. The Developer shall plant street trees in
Ordinance and Resolution #P.C. 72-76. Even though, as between
the City of Muskego and the Developer, the responsibility for
such tree planting shall be the Developer's, the Developer may
pass on the responsibility of such plantings and/or the cost
thereof to the transferee of such lots from the Developer.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
completed by the Developer in total within twelve (12) months of
The improvements set forth in Section I above shall be
the date of this agreement or recording of the final plat,
,whichever date comes first, unless excused by the City in
writing.
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SECTION 111. DEDICATION:
Developer shall, without charge to the City, upon completion of
Subject to all of the other provisions of this agreement,
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
together with and including, without limitation because of assigns, forever, free and clear of all encumbrances whatever,
enumeration, any and all land, buildings, structures, mains,
conduits, pipes, lines, plant, machinery, equipment,
appurtenances and hereditament which may, in any way, be a part
of pertain to such improvements and together with any and all
necessary easements for access thereto.
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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 Ordinance.
execution of this Agreement, the Developer shall pay to the City
The Developer and the City hereby agree that at the time of
the sum of $17,355.46, which shall be the full contribution due
from the Developer as to the total drainage area.
SECTION V. MISCELLANEOUS REQUIREMENTS:
The Developer shall:
deemed necessary by the City Engineers before the final plat is
A. Easements: Provide any easements on Developer's land
signed, provided such easements are so located as not to render
any lot unbuildable or unsalable.
B. Street Siqns: 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
and workmanlike manner.
D. Survey Monuments: Properly place and install any
survey or other monuments required by statute or ordinance.
restrictions in the form attached hereto, made a part hereof and
E. Deed Restrictions: Execute and record deed
marked Exhibit "E".
a copy of Exhibit "A" showing the street grade in front of each
F. Grades: Furnish to the Building Inspector of the City
lot, the yard grade and the grade of all four corners of each
lot. See Exhibit "F" attached.
with Section 8.11 of the City's Land Division Ordinance.
G. Street Lishts: Install street lights in accordance
hedge, or shrub planting which obstructs sight lines at
H. Sisht Distances: Restrict lots so that no fence, wall,
elevations between two (2) and six (6) feet about the roadways
the triangular area formed by the street property lines and a
shall be placed or permitted to remain on any corner lot within
line connecting them at points twenty-five (25) feet from the
intersection of the street lines, or in the case of a rounded
property corner, from the intersection of the street property
lines extended.
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SECTION VI. GUARANTEES:
The Developer shall guarantee the surface water drainage
A, B and C hereof, against defects due to faulty materials or
improvements and other improvements described in Section I, items
workmanship provided that such defects appear within a period of
one (1) year from the date of dedication and acceptance. The
Developer shall pzy for any damages to City property resulting
from such faulty mEterials or workmanship.
SECTION VII. GENERAL INDEMNITY:
In addition t3, 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
damages, interest actions, suits, judgments, costs, expenses,
same from and aqainst any and all liability, claims, loss
whomsoever and whenever brought or obtained, which may in any
attorney's fees, and the like to whomsoever owed and by
manner result fror or arise in the course of, out of, or as a
result of the Developer's negligent construction or operation of
ordinance, the infringement by it of any patent, trademark, trade
improvements coversd thereby, or its violation of any law or
name or copyright, and its use of road improvements prior to
their formal dedicztion and acceptance by the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
herein, the provisions of this agreement shall be for the benefit
The Developer agrees that in addition to the City's rights
of the purchaser of any lot or any interest in any lot or parcel
of land in the Subdivision.
SECTION IX. .:.CCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the
City as set forth herein, the same shall be accepted by the City
improvements herein required, and shall dedicate the same to the
agreement and as required by applicable City ordinances and other
if said improveme7ts have been completed as required by this
applicable law and approved by the City Engineers.
SECTION X. E?.OSION CONTROL PLAN AND PERMIT:
land disturbing permit and an erosion control plan in accordance
The Developer shall submit to the City, an application for a
with the requirements of Section 29.06 of the City's Erosion
Control Ordinance (Ord. #560).
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SECTION XI. 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 Developer to construct the
for by this agreement, upon Developer's compliance with any improvements in accordance with plans and specifications called
deposit provisions or other requirements of the applicable
ordinances or regulations: and the City shall cooperate with
Developer in obtaining similar permits, resolutions and documents
as may be necessary from other authorities having jurisdiction in
the premises.
executing this agreement, make available to the Developer or its
2. The City shall, as a condition of the Developer
nominee successors or assigns, building permits for the
construction of single family residences subject to the
provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
The Developer shall be allowed to construct no more than two
building permits shall be issued, nor shall any occupancy permits
(2) model homes. It is expressly understood and agreed that no
be issued either for the said model homes, or any other homes,
until the City's Engineers have determined that: 0 required to serve such homes are connected with an operating
A. The sewer and surface water drainage facilities
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
prior to the date when the roads must be completed and dedicated.
service the traffic reasonably anticipated during the period
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
herein by reference, and all such provisions shall bind the
All the provisions of the City's ordinances are incorporated
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 XIV. FINANCIAL GUARANTEE:
Prior to execution of this contract by the City, the
Developer shall file with the City a letter of credit setting
amount of $465,000.00 as a guarantee that the required
forth terms and conditions approved by the City Attorney in the
improvements will be completed by the Developer and his 0
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subcontractors no later than one (1) year from the date of the
recording of the final plat or the date of the agreement,
whichever date comes first, and as a further guarantee that all
obligations to the subcontractors for work on the development are
satisfied.
SECTION XV. 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 Subdivision.
agreement to be signed by their appropriate officers and their
IN WITNESS WHEREOF, Developer and City have caused this
seals to be hereunto affixed in duplicate original counterparts
on the day and year first written above.
DEVELOPER
KOSOBUCKI BROTHERS
CITY OF MUSKEG0
By : By :
Kent J. Kosobucki Wayne G. Salentine,
Mayor
a By :
Roy L. Kosobucki
By:
Charlotte L. Stewart,
Clerk
By :
Donald R. Polzin
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IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO: AMOUNT: $465,000.00
Date: April 29, 1988
APPLICANT:
Kosobucki Brothers Partnership
17100 W. Shadow Drive
New Berlin, WI 53151
BENEFICIARY: City Of Muskego EXPIRY DATE:
8200 S. Racine Avenue
Muskego, WI 53150
at our counters
July 28, 1989
Dear Sirs: 0 We hereby issue this irrevocable documentary credit in your favor
at sight drawn on Marine Banks.
(the beneficiary's) which is available by beneficiary's draft(s)
documents must state "Drawn under Marine Banks Documentary Credit
Each draft accompanying
No. (number) It.
This Standby Credit is to provide security to the City of Muskego
for the performance of Kosobucki Brothers Partnership obligations
under that certain Agreement dated
the City of Muskego, and applicant.
between
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating
that Xosobucki Brothers Partnership has failed to complete the
construction of (type of improvements)
accordance with said Agreement. Said statement shall set forth
in
the estimated amount .necessary for the City of Muskego to
complete such improvements.
CONTINUED ON PAGE TWO (2) WHICH IS AN INTEGRAL PART OF THIS
STANDBY CREDIT
0 PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO.
DATED
SPECIAL CONDITIONS:
This standby credit will terminate on the 28th day of July, 1989
provided, however, Marine Bank shall give written notice to the
beneficiary of its Intention to terminate this standby credit at
date this letter of credit can only terminate upon 90 days
least 90 days prior to said 28th day of July, 1989. After said
written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference to
reference shall not be construed in any manner to require Marine
"Agreement" is for identification purposes only and such
Bank, to inquire into its terms and obligations.
We engage with you that drafts drawn under and in compliance with
the terms of this credit will be duly honored if presented on or
before the expiry date. This original Standby Credit must be
endorsement of any payments effected by us and/or for
submitted to us together with any drawings hereunder for our
cancellation.
Very truly yours,
MARINE BANK
Authorized Signature