CCR1988252m COMMON COUNCIL - CITY OF MUSKEG0
(AMENDED)
RESOLUTION f252-88
APPROVAL OF FINAL PLAT h SUBDIVIDER'S AGREEMENT -
MEADOW GREEN WEST
(Boehm)
WHEREAS, a Final Plat has been submitted for the 44 lot Meadow
Green West Subdivision in the NE 114 of Section 16, and
WHEREAS, the Preliminary Plat was approved in Resolution #155-88,
and
WHEREAS, the Plan Commission has recommended approval, subject to
approval of the City Engineer, and
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee, and
WHEREAS, the property was rezoned to RS-2/L/SW/W (OPD).
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission
West Subdivision, subject to the approval of the City Engineer
does hereby approve the Final Plat for the 44 lot Meadow Green
and all objecting and approving agencies, and receipt of all fees
as provided in Section 10 of the Land Division Ordinance.
BE IT FURTHER RESOLVED that the Subdivider's Agreement,as
amended, with attached Declaration of Restrictions, is hereby
approved subject to approval of the City Attorney and City
Engineer.
0
DATED THIS 22nd DAY OF November , 1988.
c
Ald. Mitchel Penovich
ATTEST:
City Clerk
SUBDIVIDERS AGREEiWhT
This agreement, made this 28th day of November , 1988 by and be-
tween Gregory J. Boehm, Gloria J. Boehm, Gary B. Boehm and Pamela Boehm,
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 €or approval by the City a proposed
.which is attached hereto, made a part hereof and marked Exhibit "A"
final plat for MEAWW GREEN WEST, a residential subdivision, a copy of
(the "Subdivision") ; and
condition of plat approval, the governing body of the City may require
that the Developer make and install certain public improvements reason-
public streets, alleys or other ways within the Subdivision, to be con-
able necessary for the Subdivision and further, may require dedication of
ditioned upon the construction of said improvements according to municipal
specifications without cost to said municipality; and
and specifications €or Subdivision improvement and the Common Council has
duly approved and authorized the term and provisions of this agreement
and approved the final plat of
WHEREAS, Section 236.13 of the Wisconsin Statues provides that as a
0 IWEREAS, the City's Engineers have duly approved the Developer's plans
XCM THEREFORE, in consideration of the covenants herein contained,
the parties hereto agree as follows:
I 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 plans and spec-
ifications attached hereto, made a part hereof and marked Exhibit "B",
all in accordance with the City's street specifications.
B. Surface Water Drainage:
1. Construct. install, furnish and provide adequate facil-
ities as approved by the City Engineer and Public- Works Comittee 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".
0 2. 7he City shall furnish to the Developer such permits or
easements as may be required in any public street or
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a propcrc.y to enter U~OII .{t1~1 Lnstall the above describe d surface
provide a completesanitary sewage collection aystem throuphout
D. Sanltar,; Sewer: Construct, Lnstall, furnish and
: speclflcatlons and drawlnqs attached hereto as Exhl it
the entlre subdivlslon, all fn accordance with the g'"":h,, . I
E. Landscapfng:
1. Preserve exlstlna trees. whereever posslble. in
the construction of Subdlvlslons improvements.
outbulldlngs, destroyed trees, brush tree trunks, shrubs and
other slmllfar natural growth and all rubbfsh.
2. Remove and lawfully dlspose of all old barns,
3. The Developer shall plant street trees fn
accordance with Sectlon 8.13 of the Muskeeo Land DLvLslon
Ordlnance and Resolutlon RP.C. 72-76.
0 SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
by the Developer in total by 10/1/89, except that the deadline for com-
The improvements set forth in Section I above shall be completed
pletion of the final asphalt application, the seeding and/or sodding,
and the ditching along Lannon Drive shall be completed by 9/1/89.
e
SECTLON LLL. DEDLCATLON:
Subject to all o€ the other provislons of this aereement.
Developer shall, without charge to the CltY, upon ComPletLon of
convey and fully dedlcate the roads and streets, !storm and the above described Lmprovements. uncondltlonally zfve, erant,
asslqns. forever, free and clear of all encunbrances whatever.
surface water dralnane faclllttes to the City, Lts successors and
enumeration, any and all land, bulldlngs, structures, mains. together with and including, without llmltatlon because of
and hereditaments which may ln any wag he a part of OC Pertah to
condutta. pipes Lines plant, machinery, equlpment, appurtenances
easements €or accesa thereto.
such Lmprovements and together wlth any and a11 necessary
SECTION IV. INSPECTIONS AND ADMINISTRATLON I"EES:
requlred and at che tlnes speclEled in SectLon 10 of lts Land
The Developer shall pay and relrnhur.qe the C11:v a11 €ees as
,
0 Division Ordinance.
SECTION V. MISCELLANEOUS REQULREfiENTS:
The. Developer shall:
land deemed necessary by the City Engineers beEore the final plat
is signed, provided such easements are so located as not to
render any lot unbufldable or unsaleable.
A. Easements: Provide any easements on Developer's
, all street signs and posts and the cost o.f thetr fnstallatfon.
E. Street Signs: Reimburse the Citv for the cost of
1 this eo include all trafEic signs.
called €or by this agreement to be carried out and performed in a
C. Manner of Performance: Cause all construction
zood and workmanlike 'manner.
survey or other monuments required bv statute or ordinance.
restrictions in the form attached hereto, nade a part hereof and
3arked Exhibtt "F".
City a COPY of Exhibit "A" showinn the street erade in front of
each lot, the yard grade of the erade of all four corners of each
D. Survey Nonurnents: Properlv place and install an.y
E. Deed Restrictions: Execute and record deed
F. Grades: Furnish to the Building Inspector of the
lot.
C. Street Liehts: Install street Liehts in accordance
xith Seccion 8.11 of the Citv's Land Division Ordinance.
%all. hedee. or shrub ~lantine vhich ot'str'~cts sight lines at
H. Sight Distances: llestricr lots so that no fence,
elevations betxeen Two'(2) and Six (6) teat above the roadways
shall be placed or permitted to remain on any corner lor vithin
the triangular area formed by the street property lines and a
incersection of the street lfnes, or in the case o€ a rounded
Line connecting them at points twenty-five (25) feet from the
property corner, Erom the intersection oE the street property
lines extended. I
S ECTION VI. GUARANTEES :
The Developer shall guarantee the sur€ace water drafnaae
A, B and C hereof, aqalnst defects due to faulty materials or
improvements and other improvements described in Section I. items
vorkrnanshlp provided that such defects appear utthin a pertod of
one (1) year Erom the date of dedlcation and acceptance. The
Developer shall pay for anv damages to Citv propertv resulting
from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent Workmanship or materials
Wieconsin law on negligence shall govern such situation.
SECTION VII. GENERAL INDEXNITY:
In addttlon to, and not to the exclllston or pcetllrltce of,
anv provlslons of this aareement or documents Lncorporaced herein
t 1-
by reference, Developer shall indennify and save h.~:llc..;.: the
City, its officers, aEents and emploveeg, and shall deFeqd the
same from and against any and all liability, claims, loss
'damages, interest actions. suits, ludqments, costs, expenses,
attorney's 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 oE the Developer's negligent construction or operation of
improvements covered thereby, or its violation of any law or
ordinance. the LnFrfngement by it of any pateot, trademark, trade
name or copywrite, and its use of road improvements prior to
their formal dedication and acceptance hy the CitP.
SECTION VIII. AGREEMENT FOR BENEFIT OF FZXCHASERS:
herein. the provisions of this aqreement shall he for the benefft
of the purchaser of any lot or any interest in any lot or parcel OF land in the Subdivision.
The Developer agrees that in addition to the Citv's rights
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
improvenents herefn required, and shall dedicate the same to the City as set forth herein, the same shall be accepted bv che City
agreeqent and as required by applicable City ordinances and other
if said improvements have been completed as required bv this
applicable law and approved by the Cit.7 Engineers.
As and when the Developer shall have completed the
SECTION X EROSION CONTROL PLAN AND PERMIT:
The Developer shall submit to the City, an application for a
with the requirements of Section 29.06 oE the City's Erosion
land disturbing permit and an erosion control plan in accordance
Control Ordinance (Ord. t560).
SECTION XI. CONSTRUCTION PERMITS, ETC..:
adopt such resolutions, and execute such documents as maV be
necessary to permit Developer to construct the improvements in
accordance with plans'and speci€tcattons called for by this
agreement, tlpon Developer's compliance with any deposit provisions or other requirements oE the applicable ordinances Or
regulations; and the City shall cooperate wtth Developer in
necess3r.J fron other authorities having jurisdiction in the obtaining stmflar permits. resoluttons and documents as map be
1 ..The City shall, withfn its authority, issue such permits,
I premises.
2. The City shall, as a condltion oE the Developer
executing this agreement, make available to the Developer or its nominee
successors or assipns, building permits €or the construction of single
family residences subject to the provisions of Section XII.
SECTION XII. BUILDING AND KcLmANCY PERMITS:
model homes. It is expressly understood and agreed that no building per-
The Developer shall be allowed to construct no more than four (4)
mits shall be issued, nor shall any occupancy 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
herein, and
to serve such homes are connected with an operating system as required
B. That the City's Engineers have approved the condition of
as sufficient to service the traffic reasonably anticipated during the
the stone and gravel base for the roads then existing to serve such homes
period prior to the date when the roads must be completed and dedicated.
SECTION SIII. CENERAL CONDITIONS AND REGULATIONS
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 lenpth 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.
.Ill the provisions of the City's ordinances are incorporated herein
SECTION - XIV. FINANCIAL GUARANTEE
€ile with the City a letter of credit setting forth terms and conditions
Prior to execution of this contract by the City, the Developer shall
approved by the City Attorney in the munt of $ 550,000 as a guarantee
that the required improvements will be completed by the Developer and his
subcontractors fn accordance with Section I1 of this agreement,
and as a further guarantee that all obligations to the subcontractors for
work on the development are satisfied.
SECTICN XV. PARTIES BOUND:
Developer or its assignees shall be bound by the tern of this aflee-
mnt or any part herein as it applies to any phase of the development of
the Subdivision.
I
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1-
J e IN WI'INESS WHEREOF, Developer and City have caused this agreement to
be signed by their appropriate officers and their seals to be hereunto af-
fixed in duplicate original counterparts on the day and year first written
above.
DEVELOPER CITY OF MUSKEGO
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Irrevocable Standby Letter of Credit# 10105
DATE : November 28, 1988
AMOUNT : $550,000.00
BENEFICIARY: City of Muskego
Muskego, Wisconsin 53150
8200 S Racine Avenue
APPLICANT: Gregory J. Boehm 6 Gloria Boehm. husband 6 wife and
Gary B. Boehm and Pamela Boehm A/K/A Pamela Boehm Reider,
A Partnership
MATURITY: February 28. 1990
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor,
City of Muskego, which is available by beneficiary's draft(s) at sight drawn
on Lincoln State Bank. Each draft accompanying documents must state
"Drawn under Lincoln State Bank Irrevocable Standby Letter of Credit #lo105
This Standby Credit is to provide security to the City of Muskego for the
Gary B. Boehm and Pamela Boehm A/K/A Pamela Boehm Reider, A Partnership
performance of Gregory J. Boehm 6 Gloria J. Boehm, husband 6 wife and
obligations under that certain Agreement datedNovember 28, 1988 between the
City of Muskego, and applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
B
A statement signed by the Mayor of the City of Muskego stating that
Gregory J. Boehm 6 Gloria J. Boehm, husband 6 wife and Gary B. Boehm and
Pamela Boehm A/K/A Pamela Boehm Reider. A Partnership has failed to complete
said Agreement. Said statement shall set forth the estimated amount necessary
the construction of the subdivision knovn as Meadow Green in accordance with
for the City of Huskego to complete such improvements.
HOME OFFICE
(414)8716510
2288Soutn 13th Street Milwaukee. WI 53215
BRANCH
13500 Janesville Road Muskego. WI 531%
(414) 52'&4414
Page 2
Dated: November 28, 1988
SPECIAL CONDITIONS:
This standby credit will terminate on the 28th day of February 1990 provided,
however, Lincoln State Bank shall give written notice to the beneficiary of
its intention to terminate this standby credit at least 90 days prior to said
28th day of February, 1990 . After said date this letter of credit can only
terminate upon 90 days written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference to Agreement"
is for identification purposes only and such reference shall not be construed
in any manner to require Lincoln State Bank, to inquire into its terms and
obligations.
We engage with you that drafts drawn under and in compliance with the terms of
This original Standby Credit must be submitted to us together with any
this credit will be duly honored if presented on or before the expiry date.
drawings hereunder €or our endorsement of any payments effected by us and/or
for cancellation.
,I
Very truly yours,
LINCOLN STATE BANK
,'
, Executive Vice President
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #252-88
APPROVAL OF FINAL PLAT h SUBDIVIDER'S AGREEMENT -
MEADOW GREEN WEST
(Boehm)
for the 44 lot Meadow
Section 16, and
ed in Resolution #155-88,
and
nded approval, subject to
approval of the City Engin
been recommended for
approval by the Finance
2/L/SW/W (OPD).
RESOLVED that the Common Council of the
the recommendation of the Plan Commission
the Final Plat for the 44 lot Meadow Green
ubject to the approval of the City Engineer , and receipt of all fees
vision Ordinance.
BE IT FURT er's Agreement, with
hereby approved subject
y Engineer.
DAY OF , 1988.
/
ATTEST :
City Clerk
11 I88
jz
Ald. Mitchel Penovich
SUBDIVIDERS AGREEMENT
tween.Gregory J. Boehm, Gloria J. Boehm, Gary B. Boehm and Pamela Boehm,
the "Developer", and the CITY OF MUSKEGO, a municipal corporation of the
State of Wisconsin, located in Waukesha County, hereinafter called the
"City".
This agreement, made this 25" day of IVbr/EflBE& , 1988 by and be-
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a proposed
which is attached hereto, made a part hereof and marked Exhibit "A"
final plat for MEAWW GREEN IEST, a residential subdivision, a copy of
(the "Subdivision") ; and
condition of plat approval, the governing body of the City may require
that the Developer make and install certain public improvements reason-
able necessary for the Subdivision and further, may require dedication of
public streets, alleys or other ways within the Subdivision, to be con-
ditioned upon the construction of said improvements according to municipal
specifications without cost to said municipality; and
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
WHEREAS, Section 236.13 of the Wisconsin Statues provides that as a
WHEREAS, the City's Engineers have duly approved the Developer's plans
NCRrJ THEREFORE, in consideration of the covenants herein contained,
the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
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 plans and spec-
ifications attached hereto, made a part hereof and marked Exhibit "B",
all in accordance with the City's street specifications.
R. Surface Water Drainage:
1. Construct. install. furnish and provide adequate facil-
stom and surface water drainage throughout the entire subdivision, in
ities as approved by the City Engineer and Public- Works Committee for
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 pennits or
easements as may be required in any public street or
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water drainage svstem.
iJr0pert.v to enter upou ati<l LnstaLl the above described surface
C. Water: Construct, install, furnlsh and provide a
.entire subdivision, as apprcved hy the City Enelneer and in
complete system of water svpply and distribution, throughout the
accordance with the plans and specifications attached hereto as Exhlbtt "D".
provide a comwsanltarv sewage collection svstem throuehout
D. Sanltar,; Sewer: Construct, Install, furnish and
speciflcatlons and drawlnes attached hereto as Exhl it
the entlre subdlvision, ali in accordance wlth the p:i,, .
E. Landscaping:
1. Preserve existine trees. whereever oossible. in
the construction oE Subdlvlslons improvements.
outbuildings, destroyed trees, brush tree trunks, shrubs and
other simillar natural growth and all rubhish.
2. Remove and lawfully dispose of all old barns.
3. The Developer shall plant street trees in
accordance with Section 8.13 of the Muskego Land Division
Ordinance and Resolutlon #P.C. 72-76.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
completed by the Developer in total within twelve (12) months of
The improvements set Eorth in Sectlon I above shall be
whichever date comes Elrst.
the date OE this aereement or recordtnp, of the final plat,
SECTION 111. DEDICATION:
Developer shall, wfthout charple to the Clty, 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, !rtorn and
asslqns, forever, free and clear of all encumbrances whatever,
surface water drainage facilities to the City, it:l successors and
together with and lncludina. without llmitation because of
enurneratlon, any and all land, buLldLngs, structures, mains,
conduits, pipes ltnes plant, machinery, equlpment, appurtenances
and heredltaments whlch may ln any way be a part of or pertain to
such improvements and together wlth any and all necessary
easements Eot access thereto.
SECTION IV, INSPECTIONS AND ADMINISTRATION FEES:
required and at the times speciELed in Section 10 OE its Land
The Developer shalL pay and relmhurse the Cirv a11 fees as
-3.-
.
aivision Ordinance.
SECTION v. MISCELLANEOUS REQUIREMENTS:
The. Developer shall:
land deemed necessary by the'City EnqLneers before the final plat
is siqned. provlded such easements are so located as not to
render any lot unbulldable or unsaleable.
all street slgns and posts and the cost o.f their lnstallation.
8. Street SlEns: Reimburse the City for the COS^ of
this to include all traEEic signs.
A. Easements: Provide any easements on Developer's
called €or bv thls aereement to be carried out and performed in a
C. Manner oE PerEormance: Cause all construction
good and worhanllke 'manner.
survey or other monuments required bv statute or ordinance.
D. Survey Nonuments: Properlv place and install any
E. Deed Restrictions: Execute and record deed
restrictions in the form attached hereto, nade a part hereof and
.larked Exhibit "F".
City a cop? oE Exhlbit "A" showing the street ~rade in front of
each lot, the yard grade of the erade of all four corners of each
lot.
G. Street Llghts: Install street lights In accordance with Section 8.11 of the City's Lanc; Division Ordinance.
;rail. hedqe, or shrub plantine. which obstructs slght lines at
H. Sight Distances: Restricc lots so that no fence,
elevations between Two (2) and Six <6) tent above the roadways
shall be placed or permltted to remaln on any corner lot within
the triangular area formed by the street property lines and a
line connectlng them at points twenry-five (25) Eeet Erom the
property corner, Erom the intersection of the street property
tntersection of the street lines. or in the case oE a rounded
lines extended.
F. Grades: Furnish to the Building Inspector of the
SECTION VI. GUARANTEES:
The Developer shall guarantee the surface water dralnage
A, B and C hereo€, against deEects due to faulty materials or
lmprovements and other Lrnprovernents described in Sectlon I, items
workmanshlp provlded that such deEects appear wlthin a period Of
one (1) year €rom the date of dedication and acceptance. The
Developer shall pay for anv damages to City propf!rty reSlJltlnE
Erom such faulty materials or workmanship. This guarantee shall not e a bar to any action the City might have for negligent workmanship or materials.
law on negligence shall govern such situation.
SECTLOX VII. GENERAL INDENNITY:
In addltlon to, and not to the exclllsion or preilldtce Of,
any provisions of thLs aRreement or documents lncorporated hereln
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.
e
by reEcrence, Developer shall inrienniEy and save h;~::lLe<~ the
City. Lts officers, aaents and employees, and shall defeqd the
same from and against any and all Llahility, claims, loss
damages, interest actions, suits, ludqments, costs, expenses,
attorney's 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 Developer's neR1taent construction or operation of
improvements covered thereby, or its violation of any law or
ordinance, the infrlnaement by it of any pateqt, trademark, trade
name or copywrite, and its use of road improvements prior to
their formal dedlcation and acceptance hy the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF SUKCHASERS:
herein, the provistons 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.
The Developer agrees that in addition to the Citv's riahts
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the
improvenents herein required, and shall dedicate the same to the
City as set forth herein, the same shall be accepted bv the City
if said improvements have been completed as required by this
applicable law and approved by the City EnRineers.
agreement and as required by applicable CLty ordinances and other
SECTION X EROSION CONTROL PLAN AND PERMIT:
land dlsturblne permit and an eroslon control plan in accordance
with the requirements of Section 29.06 of the Clty's Erosion
Control Ordinance (Ord. #560).
The Developer shall submit to the City, an application for a
SECTION XI. CONSTRUCTION PERMITS, ETC.. :
adopt such resolutions, and execute such documents as may be
necessary to permit Developer to construct the lrnprovements in
accordance with plans'and speciftcations called for by this
agreement, upon Developer's compltance with any depostt
provisions or other requirements of the applicable ordinances or
obtainine slmLlar permits, resolutlons and documents as mav be
reaulatlons; and the City shall cooperate with Developer Ln
necessar,v from other authorities havin8 jurisdlction ln the
premises.
l..The City shall, within its authority, issu.e such permits.
2. The Cicy shall, as a conditlon of the Developer
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executing this agreement, make available to the Developer or its 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 four (4)
model homes. It is expressly understood and agreed that no building per-
mits shall.be issued, nor shall any occupancy permits be issued either
for the said model homes, or any other homes, until the City's Engineers
have determined that:
to serve such homes are connected with an operating system as required
A. The sewer and surface water drainage facilities required
herein, and
B. That the City's Engineers have approved the condition of
the stone and gravel base for the roads then existing to serve such homes
period prior to the date when the roads must be completed and dedicated.
as sufficient to service the traffic reasonably anticipated during the
SECUON XIII. GFNERAL CONDITIONS AND EGULATIONS:
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.
performed and carried out in strict accordance with and subject to the
This agreement and all work and improvements required hereunder shall be
provisions of said ordinances.
All the provisions of the City's ordinances are incorporated herein
" SECTICN XIV. FINANCIAL GUARN.I'IEE
file with the City a letter of credit setting forth terms and conditions
Prior to execution of this contract by the City, the Developer shall
approved by the City Attorney in the munt of $ 550,000 as a guarantee
subcontractors no later than one (1) year from the date of the recording
that the required improvements will be completed by the Developer and his
of the final plat or the date of the agreement, whichever date comes first,
work on the development are satisfied.
and as a further guarantee that all obligations to the subcontractors for
SECTICN XV. PARTIES BOUND: a Developer or its assignees shall be bound by the tern of this agree-
ment or any part herein as it applies to any phase of the development of
the Subdivision.
-5
be signed by their appropriate officers and their seals to be hereunto af-
above.
fixed in duplicate original counterparts on the day and year first written
DEVELOPER CITY OF MUSKEGO
IN WI'INESS WHEREOF, Developer and City have caused this agreement to
By :
RY J. BOEHM IVAYNE G. SALENTINE, Mayor
mRIA J. BOEHM
By :
JEAN FIARENDA, Clerk
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Irrevocable Standby Letter of Credit
DATE: November 25. 1988
MOUNT: $550.000.00
BENEFICIARY: City of Huskego
8200 S. Racine Avenue
Huskego. Wisconsin 53150
AF'PLICAhT: Gregory J. Boehm 6 Clorfa J. Boehm, husband 6 vife and
Gary B. Boehm snd Pamela Boeh AltIA Pamela Boehm Reider.
A Partnership
"URITY:
Dear Slra:
We hereby insue this irrevocable documentary credit in your favor,
City of lfuskmgo, which la avaihble by beneficiary's dreftb) at sight dram
on Lincoln State Bank. bch draft accompanylug documents mat state
"Drawn under Lincoln State Bank Irrevocable Standby Letter of Credit #
This Standby Credit 1s co provide security to the City of Muskego for .the
Gary 8. Boehm and Pamela Boehm AIKlA Pamela Boehm Reider. A Partnership
performance of Gregory J. Boehm b Gloria J. Boeb, husband 6 wife and
obligations under that certain Agreement dated November 25, 1988becwebb the
City of Muskego. md applicant.
DUS ARE IO BE ACCOXPIPARIED BY:
A atatement sigacd b9 the Playor of the City of hskego stating that
Gregory J. Boehm 6 Gloria J. Boebm, hasband 6 vlfe and Gary B. Boehm and
Pamela Boehm A/R/A Pamela Boehm Belder, A Partnership hasJmd to complete
said Agraement. Said atatement shall eet forth the csthated mount necessary
the construction of the eubdivieion born as Meadov Green fa accordance vltb
for the City of Muskego to complete such i.provementa.
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Dated: (November 25, 1988 .C
SPECIAL CONDITIONS:
This standby credit will terminate on the 23id day of Febru@r 1990 provided.
however, Lincoln State Bank shall give vritten notice to the geneficiary of
it8 intention to terminate this standby credit at least 90 days prior to said w day Of kbwry 1990. After said date thia letter of credit can only
tominate upon 90 days written notice to the beneficiary.
It is hertby agreed by all parties hereto that the reference to "Agreement"
is for identification purposes only and such reference shall not be construed
in any manner to require Lincoln State Bank, to inquire into its terms and
obligetions.
We engage with you that drafts dram under and in compliance with the terms of
this cradlt will be duly honored if presented oa or before the expiry date.
This original Standby Credit must be submitted to us together with any
dravings hereunder for our andoraement of any payments effected by u6 andior
for cancellation.
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DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned Greqory J. Boehm, Gloria J. Boehm, Gary 8. Boehm
and Pamela Boehm, a partnership hereinafter referred to as DEVELOPER, is the
owner of MEADOW GREEN WEST, beina a part of the NW 1/4 of the NW 1/4 of Section
15, and a part of the NE 1/4 and NW 1/4 of the NE 1/4 of Section 16, T 5 N,
R 20 E, in the City of Muskego, Waukesha County, Wisconsin.
coln State Bank, MORTGAGEE, does hereby approve of and Soin in and consent to
the covenants and restrictions as herein contained.
NOW THEREFORE, the followinq restrictions upon the lots contained in the
Subdivision after the recording of this declaration shall be deemed applicable:
WHEREAS, the holder of a mortaaoe covering said land afore described, Lin-
GENERAL PURPOSE
The purpose of this Declaration is to insure the better use and approp-
riate development and improvement of each buildinp site thereof; to protect
owners of building sites aaainst such use of surrounding building sites as will
tion thereon of poorly desiqned or proportioned structures; to obtain harmonious
detract from the residential value of their prooerty; to guard against the erec-
velopment of said property; to incur and secure the erection of attractive homes
use of material and color schemes; to insure the hiqhest and best residential de-
thereon with appropriate locations thereof on building sites; to prevent hap-
hazard and inharmonious improvement of building sites; to secure and maintain
proper setbacks from street and adequate free spaces between structures; and in
general to provide adequately for a high type and quality of improvement on said
property, and thereby to preserve and enhance the value of investments made by
purchasers of building sites therein.
All lots subject to these restrictions shall be subject to all ordinances,
zoning laws and other restrictions of the City of Muskego, Waukesha County, and
the State of Wisconsin, applicable thereto and, in addition, to the following
reservations and conditions for a term of twenty-five (25) years from date of
recording hereof:
1. The lots subject to these restrictions may not he subdivided and may
not be redivided except for the sale or exchanoe of parcels of land between own-
ers of adjoining property if additional lots are not thereby created and the lots
resulting are not reduced below 17,000 sq. ft.
2. No building structure shall be erected, constructed or maintained on
any lot excepting only as a private singly family dwellin? desiqned for and adap-
ted for the occupancy of not more than one family, with private qaraqe and other
auxiliary buildings.
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(2 1/2) stories in height. The ground area within the perimeter of the buildings
exclusive of porches, garagesi patios, breezeways, and similar additions shall not
3. No dwelling, garage or auxiliary buildinq shall exceed two and one-half
be less than the following:
A. One (1) story dwelling ... 1400 Square Feet, Minimum
E. One and one-half (1 1/2) story dwellin? ... 1600 Square
floor.
Feet minimum with a minimum of 1000 Square Feet on first
C. Two (2) story dwellinq ... 1700 Square Feet, minimum with a
minimum of 900 Square Feet on the First Floor.
D. Split Level ... 1700 Square Feet, minimum with a minimum of
1000 Square Feet on the upper two levels.
E. Bi-Level ... 1600 Square Feet minimum with a minimum of 1000
Square Feet on the upper level.
Above square footage minimum requirements reflect actual livinn area.
or a one and one-half (1 1/2) story dwellinp shall be made by the "Architectural
4. The determination as to what constitutes a two and one-half (2 1/2) story
Control Committee" in its sole discretion. All buildinqs shall be completed with-
in one (1) year from the date ground is broken for each building unless a further
extension of time is given by the "Architectural Control Committee." e .
No garage shall be smaller than two cars in size or larcer than 3 1/2 cars in
size and shall be either an inteqral part of the dwelling or connected by a porch or breeze-way to the dwelling.
5. Each dwelling shall have a minimum of one and one-half (1 1/2) baths.
ters of temporary character shall be permitted at any time, it beina the intention
that only permanent, private dwellinns and qaracles shall be permitted.
6. No structure of any kind shall be moved onto any lot and no livincl auar-
7. All electric, gas and telephone lines shall be placed underground.
8. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any lot except not more than two (2) dogs, two (2) cats or other small
household pets are permitted provided that they are not maintained for commercial
purposes.
9. The lots subject to these restrictions shall be subject to any easements
granted or hereafter to be granted by the undersigned or its successors and as-
signs to the City of Muskego and easements granted or hereafter to be pranted for
the erection and maintenance of electric power lines and telephone lines, gas or
other utilities upon, under and over portions of any lot. The undersigned does
hereby reserve for itself and its successors and assigns and for the benefit of
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the City of Muskeao and public or semi-public utility companies, the easements
and rights-of-way for the erection, construction and maintenance of all poles,
telephone and for other purposes, and for the placinp of the necessary attach-
ments in connection therewith for public and private sewers, storm water drains,
gas mains, water pipes and mains, and other similar services, and for performing
any public or quasi-public utility or function which they or the City of Muskeoo
may deem fit and proper for the improvement and benefit of the sub,ject lots.
Such easements and riahts-of-way shall be confined, so far as possible, in the
egress therefrom and with the riaht to do whatever may be mecessary to carry
area within ten feet of all lot lines, with the necessary riaht to ingress and
out the purposes for which this easement is created.
@ wires, pipes and conduits for the transmission of electricity for lightina,
itectural Control Committee" shall not be changed or altered in any way the pur-
10. The natural established grade of said lots, as determined by the "Arch-
chasers. All dirt from excavations on any lot which is not used on the premises
may be deposited in such a place in the Subdivision as shall be directed hy the
"Architectural Control Committee".
No action shall be permitted which may damage or interfere with the estab-
direction of flow of drainage in natural or man-made drainage channels. The
lished slope ratios, create erosion or sliding problems, or which may change the
slope of each lot shall be maintained by the purchaser of the lot.
11. No building or attached appurtenances or garage shall be located on any
lot nearer the front lot line or the side street line, than 35 feet, or nearer
to the side line of an ad,joininn lot or a rear lot line than 15 feet or as here-
after established from time to time by the "Architectural Control Committee".
12. In order to maintain harmony in appearance and for the protection of
be erected or maintained upon any lot, nor shall a change or alteration be made
the owners of the lots, no building, fence, sipn, wall or other structure shall
thereon unless the complete plans and specifications therefor, plot plan showinq
the exact location of such buildin?, qaraae, fence, wall, or other structure,
elevation thereof and the grade of the lot and a sketch or view of such buildina
of structure or changes, shall have been submitted by and approved in writins
by a committee of three members designated and appointed by the undersigned or
as the "Architectural Control Committee". The decision of the "Architectural
its successors and assigns as herein provided, said committee heinq referred to
Control Committee" with respect to any such matter shall be final and binding
upon all parties. The "Architectural Control Committee" shall have the right to
judgment of a majority of its members are not in conformity with these restric-
refuse to approve any such plans or specifications which in the conclusive
such plans and specifications, the "Architectural Control Committee" may take
tions or are not desirable for esthetic or for any other reason. In passing upon
design, elevation and the materials of which is is or is to be constructed on the
into consideration the suitability of the proposed buildina or other structure,
proposed site; the harmony thereof with the surrounding buildings and the view or
outlook from the adjacent property. All decisions of the "Architectural Control
Committee'' on said matter shall be final. The "Architectural Control Committee"
shall have the right to waive minor infractions of deviations from thes restric-
tions in cases of hardship. Every such approval shall be based upon the promise
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and comittment of the owner of the lot seekinq, to seed or sod and landscape
said lot in a manner in keeping and harmony with the adjacent and neiphborin!
Control Committee" may from time to time, in its discretion, require greater
setbacks than those required by this declaration.
0 properties within 18 months after date of occupancy permit. The "Architectural
The Architectural Control Committee approval or disapproval as required
in these covenants, shall be in writinq. In the event the committee, or its
designated representative, fails to approve or disapprove within thirty days
no suit to enjo-in the construction has been commenced prior to the completion
after plans and specifications have been submitted to it, or in any event, if
to have been fully complied with.
thereof, approval will not be required and the related covenant shall be deemed
The original Architectural Control Committee shall be composed of Greaory
J. Boehm, Gary B. Boehm and Pamela Boehm. A majority of the "Architectural
of death or resignation of a member of the "Architectural Control Committee",
Control Committee" may designate a representative to act for it. In the event
the remaining members shall have full authority to designate a successor. In
the event of the death or resignation or refusal to act of any of the members
of the "Architectural Control Committee" while any unimproved lot remains un-
sold by the undersianed or its successors or assians, then their respective
successors to the committee shall be appointed in writinq by the undersigned or
its successors or assignees. When all the unimproved lots in the Subdivision
have been sold by the undersigned, or its successors or assianees, the Arch-
itectual Control Committee shall thereafter cease to exist and the power
granted to the Architectural Control Committee shall expire.
13. No lot shall be used in whole or in part for the storaqe of rubbish
property or thing that will cause such lot to appear in an unclean or untidy
condition or that will be obnoxious to the eye; nor shall any substance, thinq
or material be kept upon any lot that will emit foul or obnoxious odor; or
that will cause any noise that wi 11 or might disturb the peace, quiet-, comfort
or serenity of the occupants of surrounding property.
or building materials of any character whatsoever, nor for the storage of any
of one year without a written protest thereof beinq received by the owner of
the lot involved shall be considered a violation thereafter. These restric-
tions may be changed, modified and amended at any time by written declaration,
executed so as to permit the recording thereof in the office of the Register
of Deeds, setting forth such change, modification or amendments, signed by the
owners of at least sixty percent of the lots subject to these restrictions,
and by the DEVELOPER, so long as it shall won any such lot, said declaration
shall be executed as required by law so as to entitle it to be recorded and it
shall be recorded in the office of the Register of Deeds, Waukesha County,
Wisconsin, before it shall be effective. These restrictions shall be deemed
and construed to run with the land and shall be binding upon the respective
owners of each of the lots and upon all persons holding or claimina under or
any owner or owners of any said lot, their heirs, executors, administrators
through them. Upon the violation of any one or all of these restrictions by
14. Any violation of these restrictions which shall exist for a period
A
or assigns, or by any persons holding under them, then, and upon the happenina
thereof, any person or persons owninq any lot or lots shall have the ripht to
proceed at law or in equity against the person or persons violating or attemp-
equitable and legal relief.
ting to violate any such covenant or restriction, and shall be entitled to both
15. Developer reserves the riqht for a neriod of six months after the ex-
ecution hereof, to grant easements as detailed in paragraph 10, to Wisconsin
Electric Power Company and Wisconsin Bell, Inc., for utility purposes over,
upon, under or across ALL lots in this subdivision, whether owned by the devel-
oper or third parties. Such easements shall be granted on standard utility
forms.
16. Invalidation of any one of these covenants and restrictions by judg-
ment or court order shall in no wise affect any of the other provisions, each
of which shall be construed and deemed severable and all of which are not SO
invalidated shall remain in full force and effect.
17. Any violation of these restrictions shall not result in a forfeiture
or reversion of title to any lot.
Dated this day of , 1988.
Gregory J. Boehm Gloria J. Boehm
Gary 8. Boehm Pamela Boehm
KKNOWLEDGYENT
STATE OF WISCONSIN ) ss MILWAUKEE COUNTY )
Personally came before me this day of , 1988 the
above named Greqory J. Boehm, Gloria J. Boehm, Gary B. Boehm and Pamela Boehm to
nle known to be the persons who executed the foreqoinq instrument and acknowledge
the same.
Notary Public - Waukesha County
My Conmission Expires
This Instrument was drafted by Gregory J. Boehm
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