CCR1988207COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #207-88
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEMENT
DURHAMSWOOD ADDITION #2 SUBDIVISION
WHEREAS, a Final Plat has been submitted for the 31 lot
Durhamswood Addn. 112 Subdivision in the NE 1/4 of Section 11, and
WHEREAS, the Preliminary Plat was approved in Resolution #79-88,
and
WHEREAS, the Plan Commission has recommended approval, subject to
approval of the City Engineer, and
WHEREAS, the Subdividers Agreement has been recommended for
approval by the Finance Committee, subject to Section 12, Pond
Maintenance, being amended to grant the City control of the
escrow funds.
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 31 lot Durhamswood ,'a Engineer and all objecting and approving agencies; and receipt of
Addn. #2 Subdivision, subject to the approval of the City
payment of any and all attorney, engineer, administrative, etc.
fees.
BE IT FURTHER RESOLVED that the Subdivider's Agreement as
attached, with corrections pursuant to the Finance Committee
City Attorney and City Engineer.
recommendation, is hereby approved subject to approval of the
DATED THIS /3& DAY OF , 1988
Ald. Mitchel Penovich
ATTEST :
City Clerk
9/88
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SUBDIVIDER'S RG-W
WRHAElSWOOD SUBDIVISION ADDITION 1 2
This agreement, made this e day of GPrc-Im, 1900 by and between
ROBERT w KLENZ the .Developer', and the CITY OF WSKLW. a municipal corporation
of the State of Wisconsin, located in Waukesha County, hereinafter called the
-city- .
WITNESSETH
mFZAS. Developers have submitted for approval by the City a propomd
final plan for DURHIL11sHooD RDD. 12, a residential subdivision, a copy of which
is attached hereto, wde a part hereof and marked Exhibit 'A' (tha "Subdivision')#
and
WFIE~, s236.13 of the Wisconsin statutes pruvides that as a condition
of plat approval, the governing body of the City may require that the Developers
wke and install certain public improvements reasonably necessary for the
Subdivision and further, nay require dedication of public streets, alleys or
other ways within and adjacent to the Subdivision, to be conditioned upon the
confitr~tion of said improvements according to municipal specifications without
cost to said municipalityt and
hlfERPAS, tho City's Engineers have duly approved the Develcpcrs' plans
and specifications for Subdivision improvement and the Connuan Couneil has duly
appruved and authorized the terms and provisions of this agreement and approved
the final plat of Curhamswood Md. 12.
NLW, THEREPORE, in consideration of the covenants herein contained, tha
parties hereto agree as follas:
SBXION I. IWIOJEMEWTS:
The developers, entirely at their expense, shall:
A. Rwda, Streets and Sewers: Construct and install Sanitary sewer,
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grade and improve all roads and streets in accordance with the plat of said
Subdivision and the plans and qpecifications attached hereto, made a part
hereof and mrked Exhibit %",,all in accordance with the City's street
specifications.
B. surface Water Drainaqe:
1. Construct,install, furnish and provide adequate facilities as
approved by the City Engineer and Public works Cmittee for storm and surface
rater drainage throughout and adjacent to the entire subdivision, in accordance
with the plans and specifications attached hereto, made a part hereof and marked
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2. The City shall furnish to the Develcgrs such permits or easewnta
as may be required in any public street or property to enter upon and install
the above deacribed surface vater drainage system.
C. Landscapi~qr
1. Preaerve existing trees, wherever possible. in the construetion of
subdivision inpropsmmts.
2. Remve and lavfully dispose of all destroyed trees, trunks, bruah,
shrubs and other similar natural grath and all rubbish.
3. cornply with the City of Huskego Erosion Control Ordinance and as
Far Erosion Control Plan as filed with the City Building Inmctor for Durham-
rood SuMivision.
SECTION XI. TIE OF COUPIE?ION OF IICQROWKEWSI
The improvements set forth in Secticn I above shall be colnpleted by the
Developers in total vithin twelve (12) rnnths of the date of this agreement of
recording of the final plat, vhichever date comes first.
SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement, Develcpers shall,
without charge to the City, upon completion of the she described improvemnts,
unconditionnlly give, grant, convey and fully dedicate the roads and streets,
mnnitary sewer, storm and surface vater 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, msinb. conduits. pipes, lines plant,
mschinery, equipment, appurtenances and hereditaments which may in any way be
a part of or pertain to such inprovements and together with any and all necessary ;
easements for access thereto.
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SECTION IV. INSPE(ITI0NS AND ACMINIS?RATION FEES:
The Developer shall pay and reimburse the City all fees as required and
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at the times specified in Chapter 10 of its Land Oivision OrdiMme.
SECTION V. HISCELIANEOUS REQUIREMENTS:
The Develwr shall:
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A. Edsements: Provide any easements on and adjacent to Develqere' lmd
deemed necessary by the City Engineers before the final plat is signed, provided
such easements are Bo located as not to render any lot unbuildable or unnaleable.
8. Street Signs I Lights: Reimburse the City for the cost of all street
signs, posts and lights and the cost of their installation, this to include
(2)
all traffic signs.
c. hMer of Performncer Cause all construction called for by thin
agreement to be carried out and performed in a good and wrkmanlike -Mer.
D. Survey HDnuRentst Properly lace and install any survey or Other
mn-nts required by statute or ordinance.
E. Deed Restrictions: Execute and record deed restrictions in tha form
attached hereto, made a part herof and marked Exhibit "D".
p. Grades: Furniah to the Building Inspector of the City a copy of Exhibit
"c" Shaing the street grade in frat of each lot, the yard grade and the grade
of all four corners of each lot.
G. street Treesx Require by Deed Restriction, street tree planting's in
accordance rith RES. PC. 12-16.
SECTION VI. GUARANTEES:
The Developer shall guarantee the surface water drainage improvements and
other improvements described in Section I. items A. 8, and C hereof, against
defects due to faulty materials or workanship provided that such defect6 appear
within a period of one (1) year from the date of dedication and meptance.
The developers shall pay for any dawges to City property resulting frm such
fault natcriale or workmanship.
SECTION VII. GENERAL INDEUNITY:
In addition to, and not to the exclusion or prejudice of, any provisions
of this agreement or documents incorporated herein by reference. DBvelopers
shall indennify and 6ave harmless the City, it6 officers. agents and employees.
and shall defend the me from and against any and all liability, claim, loso
damages, interest actions, suits, judqments, costs, expenses, attorney's fees,
and the like to rhanaoever wed and by rhomsoever and rhenever brought or
obtained, rhich may in any manner result from or arise in the course of, out
of, or as a result of the Developers' negligent construction or cperatlon of
inproveuents covered thereby, or its violation of any lar or ordinance, the
infringement by it of any patent, trademark, trade name of copyright, and Its
use of road improvenets prior to thelr formal dedication and acceptance by the
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city.
SECTION VIIX. AGREEHEW 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 WOW AND DEDICATIONt
As and when the Developers shall have completed the improvemnts herein
required, and shall dedicate the name to the City as Bet forth herein, tho sum
shall be accepted by the City if said improvements have been conpleted as
required by this agreement and as required by applicable City Ordinams and
other applicable law and approved by the City Engineers.
SECTION X. CONSTRUCTION PERnITS, EX.:
1. The City shall, within its authority, issue such permite, a-t such
resolutions, and execute such documents as nay be necessary to permit DevelopcrS
to construct the improvements in accordance with plans and spcific4tions called
for by this agreement, upn Developers' compliance with any daposit prwiaions
or regulation. on other requirements of applacable ordinancest and the City
shall cwerate with Developers in obtaining similar permits. resolutionm and
dccllmsnts as may be necessary frm other authorities having jurisdiction in
the premises.
2. The City shall, as a condition of the Developbrs execution thin agrea-
mnt, make available lo the Developers or their nminee, succesmrs or assigns,
building permits for the construction of khirty-one single Cmily resi&nra
subject to the provisions of Section XI.
SmXON XI. BUILDING AND CCCWANCI PERMITS:
The Developer (or the Developer on behalf of purchasera of lots from
Developer) shall, after the execution of this agreement, be allaad to apply
for, and upon proper application the City shall grant, building pmits Cor
construction OC Thirty-one (31) single family has to be constructed upon such
lot. in the SuMivision as may be selected by the Developer, his minee'n or
assigns.
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It is empremnly understccd and agreed, hwever, that no 0aup.n~ pdtm
shall be issued for the said has, until the City's engimers have determined
that:
A. Tha wwr and surface water drainage facilities required to serve Nch
hcws are connected with an operatlong system as required herein. and
8. That the City's Engineers have apprmd the condition of the roads
then existing to eerve such hames as sufficient lo service the traffic reason-
ably anticipated during the period prior to the date when the roads must ba
cmpleted and dedicated.
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City shall also permit Developer to place Two 4 Pt by 8 Pt signs adwr-
tising Mid lots for sale, on subject property. Sign shall be valid for a
period of one year and may be renawed upon mutual agreement of City and
Developer for additional six mnth intervals. There shall be no cost to the
Developer for permits relation to said signa.
SECTION XII. POND HRINTeEIANcE-puTuRE:
The drainage pond, also knam as Outlot 11 of the plat of DUrhmmKad
Add. 12 shall be amed by no less than 31 lot mners in Durhanerood Md. 12 with
each being deeded their proportionate share by warranty deed. Through eatab-
lishnt of a Homeowners will be responsible for maintenance of said pond and
overflw storm sewer maintenance including, but not limited to grass cuttim,
shrub msintenance, repair, rehabilitation, dredging, cleaning, and plantinge etc.
Due to the possibility of large expenditures for future msintenance, possible
dredging and/or cleaning of said pond, Developer agrees to give to the City to
be owned by the City $5.000 to be used if the City sees fit for any pond main-
tenance, repair, rehabilitation, dredging, cleaning. grass cutting, shrub
maintenance, planting, etc. to maintain the pond and adjoining overflw storm
sewer maintenance. The City shall have no liability as to Outlot 11 except to
assure that any mrk authorixed by the City has been properly completed and
that funds are expended for such work and responslbllity for any pond naintensnce,
repair, rehabilitation, dredging, cleaning, grass cutting, shrub maintenamze,
plant etc. to such pond and overflow storm sewer shall remain with the Rome
mer8 Association. Any balance remaining shall continue to be held by the
City for any other future maintenance. the City wiehes to perform if any. The
City may, at any time, upon mutual agreement with the Association, release
any and all funds remaining in the account to the Association, but the City
shall not be obligated to do ea*.
SECTION XIII. CENElUL CONDITIONS AND REGVIATIONS:
All the provisions of the City's ordinances are incorporated herein by
reference, and all such provisions ahall bind the parties heretn and be a part
of this agreement as fully as If set improvements required hereunder shall ba
performd and carried out in strict accordance with and subject to the providons
of aid ordinances.
GELTION XIV. FINmIAL GURRAWTEE:
Prior to the execution of this contract by the City, the mvelopcrs shall
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file with the City, a letter of credit setting forth term and conditions
approved by the City Attorney, in the amunt of $245,000.00 as a guarantee that
the required improvemente rill be cowleted by the Developers and their sub-
contractors no later than (1) year from the date of the recording of the fiM1
plat or the date of this agreement, whichever date comes first, and as a further
guarantee that all obligations to the subcontractors for work perfoorwd on the
development are eetiafied.
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-ION XV. PARTIES BOUND:
Developers or their aaaignees shall be bound by the terms of this agree-
ment or any part herein as it applies to any phase of the devslcment of the
aubdivision.
IN WITNESS WHEREOF, Developers and City have caused this agrement to tm
. signed by their appropriate oEficers and their seals to be hereunto affixad in
duplicate original counterparts on the day and year first written above.
DBVBIOPER CITY OF WSXEcn
I : BY:
JeAN IIARENM, CITY CLERR
! lhis instrument was drafted by:
i Robert w. Klenr
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State dnk Hales Corners
10708 W. Janesville Rd.
Hales Corners, WI 53130
INAME AND ADDRESS OF ISSUING BANK1
AMOUNT $245,000.00
TO City of Muskego
Muskego, WI 53150
NO. 88 10 DATE September 15, 198
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WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF
UP TO AN AGGREGATE AMOUNT OF $245,000.00
AVAILABLE BY YOUR DRAFTS1 AT SIGHT TO BE ACCOMPANIED BY
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, Wisconsin, Letter o'f Credit No.8810."
This Standby Letter of Credit is to provide security to the City of Muskego for the
performance of Robert W. Klenz, obligations to complete the construction of all
Xmprovements required by subdividers agreement between Robert W. Klenz and the City of
Muskego, property reference currently being Tax Key No. MSKC 2201.990.
Deafts are to be accompanied by a statement by the Mayor of the City of Muskego stating e at Robert W. Klenz has failed to complete the construction of all improvements in
ccordance with said agreement. Said agreement shall set forth the estimated amount
necessary for the City of Muskego to complete such improvements.
Special Conditions:
It is hereby agreed by all parties hereto that the reference to "Agreement" is for identi-
fication purposes only and such reference shall not be construed in any manner to require
State Bank Hales Corners, Hales Comers, WI, to inquire into its terms and obligations.
SPECIAL INSTRUCTIONS: See Reverse Side.
ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT
PARTIAL DRAWINGS @ PERMIITED NOT PERMITTED.
ALL DRAFTS MUST BE MARKED "DRAWN UNDER LmER OF CREDIT OF Star- V
1%- 06 ISSUING 84Nlll
NO. 88 10 DATED September 15 , 1988.-
CHAMBER OF COMMERCE BROCHURE NO. 400. WE AGREE WITH YOU TO PAY DRAFTlSl DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11W3 REVISIONI. INTERNATIONAL
OF THIS CREDIT IF PRESENTED AT THIS OFFICE TOGnHER WITH THIS LFITER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON
December 15 , 193
stock No. 11244
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Tne total amount of the Irrevocable Standby Letter of Credit shall be reduced as per
the City of Muskego’s inspection and approved as work is completed.
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a he Irrevocable Standby Letter of Credit No. 8810 will be duly honored in presented
e hereby agree with you that drafts drawn under and in compliance with the terms of
to the above mentioned drawee bank on or beEore December E, 1989.
however, State Bank Hales Corners, Hales Corners, WI, shall give written notice to the
This Standby Letter of Credit will terminate on the 15th day of December, 1989, provided
beneficiary of its intention to terminate this Standby Letter of Credit at least ninty
Credit can only terminate upon ninty (90) days written notice to the beneficiary.
(90) days prior to said 15th day of December, 1989. After said date, this Letter of
This credit is subject to the Uniform Customs and Practice for Documentary Credits
(1983 Revision) International Chamber of Commerce Publications 400.
The above total includes the following:
1. Sanitary Sewer/storm sewer $ 88,621.00
2. Grading, pond construction, roads & seeding 140,582.00
3. Street signs 6 lights 2,000.00
4. City engineering & legal fees 5,000.00
5. Pond maintenance account 5,000.00
6. Miscellaneous expenses 3 797.00
$245,000.00