CCR1989157COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #157-89
APPROVAL OF SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
(Dorothy Vesbach)
WHEREAS, the Subdivider's Agreement has been submitted for the
Dorothy Vesbach property, and
WHEREAS, the Finance Committee has recommended approval.
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 Subdivider's Agreement as
attached, subject to the approval of the City Attorney.
DATED THIS 27th DAY OF June , 1989.
FINANCE COMMITTEE
ALd. Edwin P. Dude
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
ATTEST;
City Clerk
6/89
jz
m- .. IRREVOCABLE STANDBY LETTER OF CREDIT
I. ... . -<Z W&-n Bankm 4s%xrlon 15
State Bank Hales Corners
10708 W. Janesville Rd.
Hales Corners, WI 53130
INAYf AN0 IDDRESS OF ISSUING BAMl
AMOUNT $65,500.00
TO City of Muskego
Muskego, WI 53150
NO. 8905 DATE June 13, 1989
WE HEREBY AUTHORllE YOU TO DRAW ON US FOR THE ACCOUNT OF
UP TO AN AGGREGATE AMOUNT OF $65,500.00
AVAILABLE BY YOUR ORAFTlSl 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 of Credit No. 8905
This Standby Letter of Credit is to provide security to the City of Muskego for the
performance of Dorothy Vesbach, obligations to complete the construction of all improve-
ments required by subdividers agreement between Dorothy Vesbach and the City of Muskego
property reference currently known as Vesbach Property Development-Woods Road.
Drafts are to be accompanied by a statement by the Mayor of the City of Muskego stating
that Dorothy Vesbach has failed to complete the construction of all improvements in
ccordance with said agreement. Said agreement shall- forth the estimated amount e ecessary 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
to require State Bank Hales Corners, Hales Corners Wisconsin, to inquire into its terms
identification purposes only and such reference shall not be construed in any manner
SPECIAL INSTRUCTIONS:
ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT
PARTIAL DRAWINGS PERMITTED NOT PERMITTED.
ALL.DRAFTS MUST BE MARKED 'DRAWN UNDER LETTER OF CREDITOF State Bank Hales Corners
OF ISSUING B4NKl
NO. 8905 DATED -, 1989.''
CHAMBER OF COMMERCE BROCHURE NO. 400. WE AGREE WITH YOU TO PAY ORAFTlSl DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11983 RNISIONI. INTERNATIONAL
OF THIS CREDIT IF PRESENTED AT THIS OFFICE TOGFTHER WITH THIS LETTER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON
Sept. 11, . 19- 90
Stock No. 11244
State Bank Hales Cpmq S ,
BY
./JacuJ. gp- v 0 7' ice President
.- an$ obligations.
The 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.
mue hereby agree with you that draEts drawn under and in compliance with the terms of
the Irrevocable Standby Letter of Credit No. 8905 will be duly honored and presented to
the above mentioned drawee bank on or before Sept 11,1990.
however, State Bank Hales Corners, Hales Corners, Wisconsin, shall give written notice
This Standby Letter of Credit will terminate on the 11th day of Sept 1990, provided
to the beneficiary of its intention to terminate this Standby Letter of Credit at
least ninty (90) days prior to said 11th day of Sept 1990. After said date, this Letter
of Creditcan only terminate upon ninty (90) days written notice to the beneficiary.
This cEedit is subject to the 'Uniform Customs and Practice for Documentary Credits
(1983 Revision) International Chamber of Commerce Publications 400.
SUBDIVIDER'S AGREEMENT
This agreement, made this " 13th day of June , 1989, by d,r< be-
tween Dorothy :'esbach, the "Developer", and the CITY OF MUSKEGO, a municjpal
corporation of the State of W.isconsin, located in Waukesha County, here'lafter
called the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by the City two proposed C3rtified
Survey Maps for a residential land division, copies of which are attache^ hereto,
made a part hereof and marked Exhibit "A" (the "Land Division"); and WHE'EAS,
Wisconsin Statutes and Muskego Ordinances provided that as a condition of land
division approval. the governing body of the City may require that the hvelop-
er make and install certain public improvements reasonable necessary for the
Land Division and further, may require dedication of public streets, all-ys or
other ways within the Land Division, to be conditioned upon the construction of
said improvements according to municipal specifications without cost to :aid
municipalities; and
IHEREAS. the City's Engineers have duly approved the Developer's plans a;d
specifications for Land Division improvement and the Comnon Council has zuly
approved and authorized the terms and provisions of this agreement and a;proved
the final Certified Survey Map;
NOW THEREFORE, in consideration of the convenants herein contained, the ZartieS
hereto agree as follows:
SECTION I - IMPROVEMENTS The Developer, entirely at his expense shall
A) Sanitary Sewer - Construct, install, furnish and provide a swage
collection system in accordance with the plans, specifications and
drawings attached hereto as Exhibit "6". The cost of preparation
of as-built plans shall be paid by the Developer.
8) Landscaping -
1) Preserve existing trees, wherever possible, in the conStr;etion
of improvements.
2) Remove and lawfully dispose of all old barns, outbuildings.
destroyed trees, brush, tree trunks, shrubs and 0f.ier Sim'lar
natural growth and all rubish.
C) Roadside Ditches
1) yunc =eet City oE Huskego Specificattons.
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.
SECTION 111 - 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 de-
dicate the sanitary sewer facilities to the City, its successors and assigns,
forever, free and clear of all encumbrances whatever, together with and inclu-
ding, without limitation because of enumeration, any and all land, buildings,
structures, mains, conduits, pipes, lines plant, machinery. equipment, appur-
tenances 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:
pay and reinburse the City all fees as required and at
Sec. 10 of its Land Division Ordinance.
The Develeoper shall
the times specified in
SECTION V - MISCELLANEOUS REQUIREMENTS: The Deve loper shall:
a. Easements: Provide any easements on Developer's land deemed necessary
by the City Engineer before the final Certified Survey Maps are signed, provided
such easements are so located as not to render any lot unbuildable or unsaleable.
b. Manner of Performance: Cause all construction called for by this agree-
ment to be carried out and performed in a good and workmanlike manner.
c. Survey Monuments: Properly place and install any survey or other monu-
ments required by statute or ordinance.
d. 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 grade and the grade
of all four corners of each lot.
SECTION VI - GUARANTEES: The Developer shall guarantee the improvements de-
scribed in Section 1. items A and 8 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.
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.. This guarantee shall not be a bar to any action the City might have for negligent
workmanship or materials. Wisconsin law on negligence shall govern such situation.
, SECTION VI1 - GENERAL IDEMNITY: In addition to, and not to the exclusion or
preJudiCe of, and 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, interst actions, suits, judgements, costs,
expensed, 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 negligent 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 copyright,
and its use o,f road improvements prior to their formal dedication and acceptance
to the City.
SECT1014 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.
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 canpleted 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.
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2. The City shall, as a condition of the Developer executing this agree-
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ment, make available to the Developer or its nominee successors or assigns,
building permits for the construction of seven (7) single family residences,
subject to the pro~disions of Section XI.
SECTION XI - 3UILDING 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 sanitary sewer facilities required to serve such homes are connected
with an operating system as required herin.
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 reasonably
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 provi-
sions shall bind tne 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 coditions approved by the City Attorney in the amount of $ 65,500
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 a; a further guarantee that all oblications to the subcontractors
for work on the development are satisfied. 8
.,; '^ .. . ..
SECTION XV - PARTIES BOUND: Developer or its assignees shall be bound by
the terms of this agreement or any part herein as it applies to any phase of the
development of the 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.
DEVELOPER CITY OF MUSKEG0
By :
Dorothy Vesbach WAYNE G. SALENTINE, Mayor
By :
JEAN MARENDA, City Clerk
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