CCR1988099AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 1\99-88
APPROVAL OF CERTIFIED SURVEY MAP
AND SUBDIVIDER'S AGREEMENT
(Schuler)
WHEREAS, a certified survey map was submitted on 4-29-88 to
finalize a four parcel division of the Schuler property as
submitted by Stan Potrykus, being a redivision of a part of Lot
Map No. 1235, being a part of the NE 114 of the SW 114 of
11 in McLaughlin's Subdivision and a part of Certified Survey
Section 32, and
WHEREAS, the Plan Commission has recommended approval subject
Council, and
to the approval of the public improvements by the Common
WHEREAS, a Subdivider's Agreement has been submitted and
reviewed by the Finance Committee, and
WHEREAS, the Finance Committee has recommended approval subject
to certain conditions.
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 certified survey map to
finalize a four parcel division of the Schuler property as
submitted by Stan Potrykus subject to approval by the City
Engineer and subject to giving evidence of compliance with the
concerns of the Finance Committee to the Administrative
Assistant which meet with his approval.
BE IT FURTHER RESOLVED that this approval is subject to receipt
of the $50.00 submittal fee, $800.00 in lieu of park
dedication, and all other fees required by Section 10 of the
Land Division Ordinance.
BE IT FURTHER RESOLVED THAT the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve the Subdivider's Agreement subject to the
conditions imposed by the Finance Committee to be carried out
approval of the City Engineer and the subdivision agreement.
to the Administrative Assistant's approval and subject to the
DATED THIS 10th DAY OF MAY , 1988.
Ald. Mitchel Penovich
ATTEST:
City Clerk
5/88
YP
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1/99-88
APPROVAL OF CERTIFIED SURVEY MAP
AND SUBDIVIDER’S AGREEMENT
(Schuler)
WHEREAS, a certified survey map was submitted on 4-29-98 to
submitted by Stan Potrykus, being a redivision of a phrt of Lot
finalize a four parcel division of the Schuler propercy as
Map No. 1235, being a part of the NE 1/4 of the SW 1/4 of
11 in McLaughlin’s Subdivision and a part of Certifi’ed Survey
Section 32, and
WHEREAS, the Plan Commission has recommended approval subject
to the approval of the public improvements by the Common
Council, and
WHEREAS, a Subdivider’s Agreement has been submitted and
reviewed by the Finance Committee, and
WHEREAS, the Finance Committee has recommended approval subject
to certain conditions.
NOW, THEREFORE, BE IT RESOLVED that t,he Common Council of the
City of Muskego, upon the recommend,&ion of the Plan
Commission, does hereby approve th,e certified survey map to
finalize a four parcel division c+f the Schuler property as
Engineer.
submitted by Stan Potrykus subject to approval by the City
BE IT FURTHER RESOLVED that this approval is subject to receipt
of the $50.00 submittal fee! $800.00 in lieu of park
/
/
/
/
/
ees required by Section 10 of the
BE IT FURTHER the Common Council of the City of
Muskego, upon of the Finance Committee, does
Agreement subject to the
Committee.
DATED THIS DAY OF , 1988.
ATTEST/’
City Clerk /’
J?d!!- - Ald. MltchelYenovlch
FORM NO. PESA
*SI,,,..-
" " !a
Stock No. 26273
CERTIFIED SURVEY MAP NO. .
being a redivision of a part of Lot 11 in McLAUGHLIN'S SUBDIVISION and a part of
Certified Survey Map No. 1235, beinp a part of the NE 1/4 of the SW 1/4 of Section 32, T 5 N, R 20 E, in the City of Muskeao, Waukesha County, Wisconsin.
VICINITY SKETCH
SW 1/4 SEC. 32-'5-,?0
Gr7APHIC SS \ \
.
BEARINGS REFFR To THE WISCONSIN 1 STATE PLANE CO-ORDINATE SYSTEM-
.$OUTH ZONE.
Sheet 1 of 3
SUBDIVIDER'S AGREEMENT
This agreement, made this /?%day of HAY , 1988, by and
between Stanley J. Potrykus, the "Developer", and the CITY OF MUSKEGO, a
municipal corporation of the State of Wisconsin, located in Waukesha County,
hereinafter called the "City"
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a proposed Certified
Survey Map for a residential land division, a copy of which is attached hereto,
made a part hereof and marked Exhibit "A" (the "Land Division"); and
WHEREAS, 236.13 of the Wisconsin Statutes provided that as a condition of
land division approval, the governing body of the City may require that the
Developer make and install certain public improvements reasonably necessary
for the Land Division and further, may require dedication of public streets,
alleys or other ways within the Land Division, to be conditioned upon the
construction of said improvements according to municipal specifications with-
out cost to said municipalities; and
WHEREAS, the City's Engineers have duly approved the Developer's plans and
specifications for Land Division improvement and the Common Council has duly
approved and authorized the terms and provisions of this agreement and approved
the final Certified Survey Map;
NOW THEREFORE, in consideration of the convenants herein contained, the parties
hereto agree as follows:
SECTION I - IMPROVEMENTS The Developer, entirely at his expense shall:
a) Roads & Streets: Grade and improve all roads and streets in accordance
with the plat of said Land Division and the plans and specifications attached
hereto, made a part hereof and marked Exhibit "E", all in accordance with the
City's street specifications.
b) Surface Water Drainage:
1. Construct, install, furnish and provide adequ3te facilities as
approved by the City Engineer and Public Works Committee for storm and surface
water drainage throughout the entire Land Division, 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.
c. Landscaping:
.l. Preserve existing trees, wherever possible, in the construction
of improvements.
2. Remove and lawfully dispose of all old barns, outbuildings,
destroyed trees. brush, tree trunks, shrubs and other similar natural qrowth
and all rubbish.
SECTION I1 - TIME OF COMPLETION OF IMPROVEMENTS: The improvements set
forth in Section I above shall be completed by the Developer in total within
twelve (12) months of the date of this agreement or recording of the Certified
Survey Map, whichever date comes first.
I
SECTION I11 - DEDICATION: Subject to all of the other provisions of
this agreement, Developer shall, without charge to the City, upon completion
of the above described improvements, unconditionally give, grant, convey and
fully dedicate the roads and streets, storm and surface water drainage facili-
ties to the City, its sucessors and assigns, forever, free and clear of all
encumbrances whatever, together with and includina, 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 Developer shall
pay and reimburse the City all fees as required and at the times-specified in
Sec. 10 of its Land Division Ordinance.
SECTION V - MISCELLANEOUS REQUIREMENTS: The Developer shall:
a. Easements: Provide any easements on Developer's 'land deemed necessary
by the City Engineer before the final Certified Survey Map is signed, provided
such easements are so located as not to render any lot unbuildable or unsaleable.
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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 agree-
ment to be carried out and performed in a good and workmanlike manner.
d. Survey Monuments: Properly place and install any survey or other monu-
ments 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 "A", showing the street grade in front of each lot, the yard arade and
the grade of all four corners of each lot.
SECTION VI - GUARANTEES: The Developer shall auarantee the surface water
drainage improvements and other improvements described in Section I, items A, B,
and C hereof, against defects in faulty materials or workmanship provided that
such defects appear within a period of one (1) year from the date of dedication
and acceptance. The Developer shall pay for any damage to City property resulting
from such faulty materials or workmanship.
SECTION VI1 - GENERAL IDEMNITY: In addition to, and not to the exclusion
or prejudice of, any provisions of this agreement or documents incorporated here-
in by reference, Developer shall indemnify and save harmless the City, its offic-
ers, agents and employees, and shall defend the same from and against any and
all liability, claims, loss, damages, interest actions, suits, judgements, costs,
expenses, attorney's fees, and the like to whomsoever owed and by whomsocver 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 Developer's nealigent construction or
operation of improvements covered thereby, or its violation of any law or ordin-
ance, the infringement by it of any patent, trademark, trade name or copyriqht,
and its use of road improvements prior to their formal dedication and acceptance
to the City.
SECTION VI11 - AGREEMENT FOR BENEFIT OF PURCHASERS: The Developer agrees
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 Land Division.
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SECTION IX - ACCEPTANCE OF WORK AND DEDICATION: As and when the Developer
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 re-
quired 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 Developer
to construct the improvements in accordance with the plans and specifications
called for by this agreement, upon Developer's compliance with any deposit pro-
visions 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.
2. The City shall, as a condition of the Developer executing this agree-
ment, make available to the Developer or its nominee successors or assigns,
building permits for the construction of ten (10) single family residences,
subject to the provisions of Section XI.
SECTION XI - BUILDING AND OCCUPANCY PERMITS: The Developer shall be
allowed to construct no more than two (2) model homes. It is expressly under-
stood and agreed that no building permits shall be issued, or shall any occu-
pancy permits be issued either for the said model homes, or any other 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 reason-
ably anticipated during the period prior to the date when the roads must be
completed and dedicated.
SECTION XI1 - GENERAL CONDITIONS AND REGULATIONS: All the provisions
of the City's ordinances are incorporated herein by reference, and all such
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0 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 XI11 - EROSION CONTROL PLAN AND PERMIT - The Developer
shall submit to the City, an application for a Land Disturbing Permit and
an Erosion Control Plan in accordance with the requirements of Section 29.06
of the City's Erosion Control Ordinance (Ord. #560).
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 forth terms and conditions approved by the City Attorney in
the amount of $55,000 as a guarantee that the required improvements will be
' completed by the Developer and his subcontractors no later than one (1)
year from the date of the recording of the final Certified Survey Map, or
the date of the agreement, whichever date comes first, and as a further
guarantee that all oblications to the subcontractors for work on the develop-
ment are satisfied.
SECTION XV - PARTIES BOUND - Developer or its assignees shall be
bound by the terms of this aqreement or any part herein as it applies to any
phase of the development of the Land Division.
IN WITNESS WHEREOF, Developer 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.
DEVE :LOPER CITY OF MUSKEG0
Stanley J. Potrykus Wayne G. Salentine, Mayor
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MN.IpLE OF FOFWT REQULRED FOR LETIER OF CREDIT
IAREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO: AMOUNT:
Date
May 17, 1988 $55,000.00
APPLICANT:
Stanley J. Potrykus
BENEFICIARY: Clty of Muskego EXPIRY DATE:
8200 S. Raclne Avenue at our counters
Muskego, WI 53150
Auaust 15, 1989
Dear Slrs:
We hereby Issue thls Lrrevocable documentary credlt in your favor
(the beneflclary's) which Is avallable by beneflclary's draft(s)
at sight drawn on (Name of Flnanclal Instltutlon). Each draft
accompanylng documents must state "Drawn under (Nalne of Financial
Instltutlon) Documentary Credlt No. (number)".
This Standby Credlt Is to provlde security to the Clty of Muskego
for the performance of (Applicant's name) obllgati'3ns under that
certaln Agreement dated (date of documentary credlt) between the
City of Muskego, and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement slgned by the Hayor of the Clty of Muskego statlng
Of (type of Improvements) In accordance ulth sald Agreement.
that (Appllcant's name) has falled to complete the construction
Sald statement shall set forth the estimated amount necessary for
the Clty of Muskego to complete such improvements.
'.
. .
PAGE 2, AN INTEGRAL PART OF STANDY CREDIT NO
DATED May 17, 1988
,
SPECIAL CONDITIONS:
This standby oredlt will terminate on the 15th day of
Instltutlon) shall glve urltten notlce to the beneficiary of its
intention to terminate this standby credit at least 90 days prior
to sald 15th day of Auqust , 1989. After sald date thls
to the beneflclary.
letter of credlt can only terminate upon 90 days written notice
Auqust , 19 89 provlded, however, (NameFlnanilal -.
I
It 1s hereby agreed by all parties hereto that the reference to
"Agreement" 1s far ldentlflcatlon purposes only and such
OF Flnanclal Instltutlon), to inqblre into Its terms and
reference shall not be construed In any manner to require (Name
obllgations.
We engage wlth you that drafts drawn under and in eompllance wfth
before the explry date. This origlnal Standby Cretllt must be
the terms of thls credit wlll be duly honored lf pr-esented on or
submltted to ua together wlth any drawlngs hereunder far our
endorsement of any payments effected by us and/or for
cancellation.
Very truly yours,
(NAME OF FINANCIAL INSTITUTION)
Authorlzed Signature