CCR1988173AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #l73-88
APPROVAL OF DEVELOPMENT AGREEMENT
(Paschke)
WHEREAS, a Development Agreement was submitted for approval of a
planned unit development known as Willow Pond, a multi-family
development located on Janesville Rd., just east of Racine
Avenue, and
WHEREAS, the Finance Committee has recommended approval, subject
to the review and approval of the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the Development Agreement for a
planned unit development known as Willow Pond, a multi-family
development.
BE IT FURTHER RESOLVED that approval of the Development Agreement
is further contingent upon the actual receipt by the City of the
sum of $61,000 which is to act as the financial guarantee for the
attachments thereto.
BE IT FURTHER RESOLVED that this approval is subject to the
approval of the City Attorney.
BE IT FURTHER RESOLVED that the Development Agreement is approved
contingent upon the zoning being amended as contemplated by the
concept resolution.
Development Agreement as further defined in said agreement and
DATED THIS 26th DAY OF JULY , 1988.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel E. Penovich
Ald. Daniel J. Hilt
I- City Clerk
7/88
YP
COMMON COUNCIL - CITY OF FIUSKEGO
RESOLUTION #173-88
APPROVAL OF DEVELOPMENT AGKEEMENT /
(paschke) i WHEREAS, a Development Agreement was Submitted for approval of a
planned unit development known as Wil/low Pond, a multi-family
development located on Janesville R,d”. , just east of Racine
Avenue, and /
WHEREAS, the Finance Commi ttee,h/as recommended approval, subject
to the review and approval of,,the City Attorney.
/
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the tecommendation of the Finance
Committee, does hereby approve the Development Agreement for a
planned unit development known as Willow Pond, a multi-family
development.
BE IT FURTHER RESOLVED that this approval is subject to the
approval of the City Attorney.
DATED THIS 0 DAY OF , 1988.
ATTEST :
City Clerk
7/88
YP
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this day of July, 1988, by and
between William E. Paidhke, Jr., the "developer" and the City of
Muskego, a municipal corporation in the State of Wisconsin
located in Waukesha County, hereinafter called the "city."
WITNESSETH:
WHEREAS, developer has submitted for approval by the city a
planned unit development known as Willow Pond, a multi-family
development, a copy of which is attached hereto, and marked as
Phase 1 of Exhibit A; and
WHEREAS, it is mutually agreed that if developer constructs
roadways, the municipality may reasonably require dedication of
such public streets or otherways, if any, within the development,
to be conditioned upon the construction of such improvements,
according to municipal specifications, without cost to the
municipality; and
WHEREAS, the city engineers have duly approved the
developer's plans and specifications for the improvements and the
common counsel has duly approved and authorized the terms and
provisions of this agreement and approve the development plan in
Phase 1 of Exhibit A.
NOW THEREFORE, in consideration of the convenants herein
contained, the parties hereto agree as follows:
L
Improvements. The developer, entirely at his expense shall:
A. Roads and Streets: Grade and improve all roads and
“-c;
streets in accordance with Exhibit A and any municipal e specifications. These improvements need not be made until the
developer begins Phase 2 and 3 of the development. At such time,
as the municipality may require, the roadways will be dedicated
to the municipality.
8. Surface Water Drainage: Construct, install, furnish
and provide adequate facilities as approved by the city engineer
and public works committee, for storm and surface water drainage
throughout the entire development, in accordance with the plans
and specifications attached hereto, made a part hereof and marked
as Exhibit B.
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
sys tem.
e
C. Water: Construct, install, furnish and provide a
complete system of water supply and distribution throughout Phase
1 of Exhibit A as approved by the city engineer and in accordance
with the plans and specifications attached hereto as Exhibit B.
D. Sanitary Sewer: Construct, install, furnish and
provide a complete sanitary sewage collection system throughout
Phase 1 of Exhibit A. all in accordance with the plan
specifications and drawings attached hereto as Exhibit B. No
further action by the municipality is required for the developer
to provide this system.
E. Landscap.in.g:
1. Preserve existing trees wherever possible in the
L
construction of the development.
2. Remove and lawfully dispose of all trees, brushes, tree
shrubs and other similar growth and all rubbish.
3. The developer shall plant street trees in accordance
with Section 8.13 of Muskego Land Division Ordinance and
Resolution No. PCl2-76 in the event the street improvements are
to be made.
..
I1
Time of completion of improvements. The improvements set
forth in Exhibit A, Phase as referred to in Section I above,
shall be completed by the developer in total within twelve (12)
months of the date of this agreement.
I11
Dedication. Subject to all of the other provisions of this
agreement, developer shall, if the municipality so requests,
without charge to the city, upon completion of the above
described improvements, unconditionally give, grant, convey and
fully dedicate the road and streets, storm and surface water
drainage, and water and sewer facilities to the city, its
successors and assigns, forever, free and clear of all
encumberances, whatever, together with and including without
limitation because of enumeration any and all land, mains,
conduits, pipes, lines, 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 or access thereto.
It is understood that the street improvements shall not be
required at the time of Phase 1 construction, but shall be
3
0 required with the commencement of Phase 2 and Phase 3.
IV
Inspections and Adm.inistration fees. The developer shall
pay and reimburse the city all fees as required, and at the time
specified in Section 10 of its land division ordinance.
..
V
Miscellaneous Requir,ements. The developer shall:
A. Easements. Provide any easements on developer's land
deemed necessary by the city engineers, provided such easements
are so located as not to render any lot unbuildable or
unsaleable.
B. Stree,t Si~gns. Reimburse the city for the cost of all
street signs, posts and the costs of their installation. This
shall 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. Grades. Furnish to the building inspector of city a
copy of Exhibit A, showing the street grade to the extent it
affects Phase I.
F. Street Lights. Install street lights in accordance
with Section 8.11 of the city's land division ordinance.
G. Site Distances. Restrict development so that no fence,
wall, hedge or shrub planting which obstructs site lines at
elevations between two (2) and six (6) feet above the roadway 0
4
shall be placed or permitted to remain on any corner within the
triangular area formed by the street property lines, any line
connecting them at points twenty-five (25) feet from the
intersection of the s'tkeet lines, or in the case of a rounded
property corner, from the intersection of the street property
lines extended.
VI
Guarantees. The developer shall guarantee the surface
water drainage improvements and other improvements described in
Section I, items A, B, C and D and hereof, against defects due to
faulty materials or workmanship, provided that such defects
appear within a period of one year from the date of dedication
and acceptance. The developer shall pay for any damages to city
property resulting from such faulty materials or workmanship.
VI1
General Indemnity. In addition to, and not to the exclusion
of any 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 same from and against any and all liability,
claims, loss, damages, interest actions, suits, judgments, costs,
expenses and attorneys fees and the like to whomsoever owed and
by whomsoever, and whenever, brought, ordered or maintained,
which 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 negligent operation of improvements covered thereby, or his
violation of any law or ordinance, the infringments by him of any
5
!
0 patent, trade name or copyright, and the use of his road
improvements prior to their formal dedication and acceptance by
the city.
.. VI11
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 required by the
applicable city ordinances and other applicable law and approved
by the city engineers.
IX
Erosion Control Plan and Permi,t. Developer shall submit to
the city an application for a land disturbing permit and an 0 erosion control plan in accordance with the requirements of
section 29.06 of the city's erosion control ordinance (ORD. No
560).
X
Construction Pem-its, 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
provisions or other requirements of the applicable ordinances or
regulations: and the city shall cooperate with the developer in
obtaining similar permits, resolutions and documents as may be '*
6
./
~
necessary from other authorities having jurisdiction in the
premises.
2. The city shall, as a condition of the developer
executing this agreement, make available to the developer or its
nominees, successors or assigns, building permits for the
construction of the buildings described in Exhibit
Building and Occup.a,ncy Permits. It is expressly understood
and agreed that no building permit shall be issued nor shall any
occupancy permits be issued until the city's engineers have
determined that the water, sewer and surface water drainage
facilities and any roads that may be constructed to serve the
multi-family units are connected with an operating system as
e required herein.
XI I
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 shall be a
part of this agreement as fully as if said 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.
XI11
Fi,nancial. Gu,arantee. Prior to the execution of this
contract by the city, the developer shall file with the city an
assurance of completion setting forth terms and conditions
approved by the city attorney in the amount of S k !,L?OG as a
I 7
guarantee that the required improvements will be completed by the
developer and his subcontractors not later than one (1) year from
the date of the execution of the development agreement, and as a
further guarantee that- *ali obligations to the subcontractors who
work on the development are satisfied.
XIV
Parties Bound. Developer or its assignees shall be bound by
the terms of this agreement or any part herein as it applies to
any phases in the development of the project.
IN WITNESS WHEREOF, the developer and city have caused this
agreement to be signed by their appropriate officers and their
seals to be herein to affixed in duplicate original counterparts
on the day and here first written above,
DEVELOPER BY:
CITY OF MUSKEGO BY: ..
Wayne G. Salintine, Mayor
Jean K. Marenda
Clerk
a
MI West Wisconsin Avenue
Firs1 Bank (N.A.)
Milwaukee. Wisconsin 53259-1000
1414) 227"xx)
in
ASSURANCE OF COMPLETION
Date:
City of Muskego
Muskego, Wiscons
Re: Willow Pond
Gentlemen:
Reference is made to that certain Development Agreement dated
between William E. Paschke, Jr. ("Developer") and
Willow Pond. The City has requested the Developer to provide the
the City of Muskego ("City") for the development to be known as
City with assurance that specific obligations of the Developer under
the Development Agreement will be completed and paid for. The
specific obligations (the "Work") and the estimated cost thereof are
as follows:
ExhibiG 1 o#'the,Deveiopment Agreement - $ "'
,1. / System,of water supply-and distri~hution in accordance-with
2. A sanitary sewer system as described in Exhibit i? of the
" "
-. -
Development Agreement - $ Gr:X*7 . -
3. Landscaping as described in Exhibit 2 of the Development
Agreement - $ "1 :PO
-
Total Cost $ 6 /, G'cfl .
The undersigned ("Bank") has committed to make a construction
loan (the "Loan") to the Developer for the construction of the first
36 units of the Willow Pond development. The Bank will reserve
of the Work as specified above. The funds so reserved (the "Assurance
Fund") may be used to pay for the cost of the Work as the Work
progresses ("Progress Payments"). No Progress Payments shall be
made from the Assurance Fund, however, without the prior written
approval of the City after its inspection of the Work. The amount of
the Assurance Fund shall be reduced by the total amount of all
Progress Payments made therefrom.
$ &/ 008 of the Loan proceeds for payment of the total cost
satisfaction of the City, the City may request Bank to disburse to
In the event the Work is not completed by the Developer to the
the City all sums remaining in the Assurance Fund. The request by
the City must be in writing, signed by the Mayor of the City, and
state that the Developer has failed to complete the Work as required
must be used to pay for the completion of the Work and -for no other
under the Development Agreement. The funds so disbursed to the City
purpose.
The liability of the Bank hereunder is limited to the Assurance
Fund as reduced from time to time by Progress Payments.
Dated this day of - , 1900.
FIRST BANK (N.A.)
By:
BMC/kk/oal