CCR19891673
I
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #167-89
APPROVAL OF SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
(Parkland Drive Extended - Klenz)
WHEREAS, the Subdivider's Agreement has been submitted for the
Parkland Drive Extended 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 and
Letter of Credit as attached, subject to the approval of the
City Attorney.
DATED THIS 77th DAY OF June , 1989.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
ATTEST :
City Clerk
6/89
jz
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IRREVOCABLE STANDBY LETTER OF CREDIT
State Bank Hales Corners
10708 W. Janesville Rd. 1
INAM AND ADDRlSI 01 ISIUlNO UNII
AMOUNT $135,000.00 . NO. 8907
TO City of Muskego
Muskego, Wisconsin 53150
WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF
DATE June 27,1989
UP TO AN AGGREGATE AMOUNT OF $135,000.00
AVAILABLE BY YOUR DRAFTlSl 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) st sight drawn on State Eank HalesCorners,
State Bank Hales Comers, Hales Corners, Wisconsin, Letter of Credit No. 8907
Hales Corners, Wisconsin. Each draft and accompanying documents must state "Drawn under
This Standby Letter of Credit is to provide security to the City of Muskego. for the
performance of Klenz-Salentine Partnership, obligations to complete the construction of all
City Of Muskego property reference currently known as Parkland Drive Extension, South of
Janesville Rd., Muskego, Wis.
required by subdividers agreement between Klenz-Salentine Partnership and the
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drafts are to be accompanied by a statement by the Mayor of the City of Muskego etatins
-hnt Klenz-Salentine Partnership has failed to complete the construction of all improvements
n accordance with said agreement. Said statementshall 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
to require State Bank Hales Corners, Hales Cornets, 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 PERMllTED 0 NOT PERMIl7ED.
I ALL DRAFTS MUST BE MARKED"0RAWN UNDER LETTER OF CREDITOF~A- *"kY&35i!&St"ad?2,
NO. 8907 DATED June 27 . \9&.'.
I
CHAMBER OF COMMERCE BROCHURE NO. 4m. WE AGREE WITH YOU TO PAY DRAFTISI DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS llsB1 REVISIONI. INTERNATIONAL
OF THIS CREOIT IF PRESENTED AT THIS OFFICE TOCRHER WITH,THIS LEmER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON
Sept. 27 .1390. State Bank Hales Corrers
rrrut 01 BliNi-
Slock No. 11244 IC"
"
and oblications.
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.
We hereby agree with you that drafts drawn under and in compliance with the terms of
the Irrevocable Standby Letter of Credit No.8907 will be duly honored and presented to
the above mentioned drawee bank on or before Sept. 27, 1990. 4
This Standby Letter of Credit will terminate on the 27th day of Sept., 1990, provided
however, State Bank Hales Corners, Hales Corners, Wisconsin, shall give written notice
to the beneficiary of its intention to termindate this Standby Letter of Credit at
least ninty (90) days prior to said 27thday of Sept. 1990. After said date, this Letter
of Credit can only terminate upon ninty (90) days written notice to the beneficiary.
This credit is subject to the Uniform Customs and Practice for Documentary Credits
(1983 Revision) International Chamber of Comerce Publications 400.
; 1
The above 'total included the following:
1. Sewer, Water, Storm Sewer
2. Grading and Roadways
3. Engineering Fees as constructed
4. 'Misc. Expenses'
1
..
$74,191.00
50,045.00
g,500.00
1,264.00
$135,000.00
SUBDIVIDER'S AGREEMENT
PARKIAND DRIVE ROAD EXTENSION
This agreement, made this 27th day of June, 1989 by and between
ROBERT W. KLENZ (for Klenz-Salentine partnership) the 'Developer", and the CITY
OF IINSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha
County, hereinafter called the "City".
WITNESSETH
WHEREAS, Developers have submitted for approval by the City a proposed C.S.M.
and plan for Parkland Dr. Road Extension, a copy of which is attached hereto,
made a part hereof and marked Exhibit E.
and
WHEREAS, the Wisconsin Statutes and/or Muskego Ordinances provide that as a
condition of C.S.M. approval, the governing body of the City may require that the
Developers make and install certain public improvements reaaonably necessary for the
C.S.M. and further, approval may be conditioned upon the construction of said improvements
according to municipal specifications without cost to said municipality; and
WHEREAS, the City's Engineers have duly approved the Developers' plans
and specifications for Parkland Dr. improvements and the Cormnon Council has duly
approved and authorized the terms and provisions of this agreement and approved
the Extension of Parkland Dr.
NOW, THEREFORE, in consideration of the covenants herein contained, the
parties hereto agree as follows:
SECTION I, IMPROVEMENTS:
The Developers, entirely at their expense, shall:
A. Roads, Streets, Sewers and Water: Construct and install Sanitary Sewer and
municipal water Mains, grade and improve all roads and streets in accordance with the 1% plans of Parkland Dr. and the plans specifications attached hereto, made a part
0 hereof and marked Exhibit - B , all in accordance with the City's street specifications.
The cost of preparation of as-built plans shall be paid by the Developer. - "~ .~ . . . - " " " . -_I_~ - " - ~- " -
E. Surface Water Drainage:
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1. Construct, install, furnish and provide adequate facilities as I approved by the City Engineer and Public Works Committee for storm and surface *9
water drainage in Parkland Dr., in accordance with the plans and specifications
attached hereto, made a part hereof and marked Exhibit A. The cost of preparation
of as-built plans shall be paid by the Developer.
2. The City shall furnish to the'Developers 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. Landscapinq:
1. Preserve existing trees, wherever possible, in the construction of
said improvements.
"I". I - - _L_ "_ -. .. - - ~~ "
2. Remve and lawfully dispose of all destroyed trees, trunks, brush,
shrubs and other similar natural growth and all rubbish. 0
3. Comply with the City of Huskego Erosion Control Ordinance and as
I per Erosion Control Plan as filed with the City Building Inspector for Parkland Dr.
as per requirements of Section 29.06 of Ord. t560.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section I above shall be completed by the
Developers in total within twelve (12) mnths 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, Developers shall,
without charge to the City, upon completion of the above described improvements,
unconditionally give, grant, convey and fully dedicate the roads and streets,
sanitacy sewer, storm and surface water 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, mains, conduits, pipes, lines plant,
machinery, equipment, appurtenances and hereditaments which may in any way be
a part of our pertain to such improvements and together with any and all necessary
easements for acxess thereto.
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developer shall pay and reimburse the City all fees as required and
at the time specified in Chapter 10 of its Land Division Ordinance.
SECTION V. MISCELLANEOUS REQUIREMENTS:
The Developer shall:
A. 'Easements: Provide any easements on and adjacent to Developer's land
deemed necessary by the City Engineers before the Certified Survey Map, provided
such easements are 60 located as not to render any lot unbuildable or unsaleable.
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B. Street Signs 6 Lights: Reimburse the City for the cost of all street
signs, posts and lights and the cost of their installation, this to 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 lace and install any survey or other
monuments required by statute or ordinance.
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SECTION VI. GUARAKCEES:
The Developer shall guarantee the surface water drainage improvements and 0
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other improvements described in Section I. items A, B, and C hereof, against
defects due to faulty materials or workmanship provided that such defects appear
within a period of one (1) year from the date of dedication and acceptance.
The Developers shall pay for any damages to City property resulting from such
fault materials or workmanship. 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 VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions
of this agreement or documents incorporated herein by reference, Developers
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, expense, 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 Developers' negligent construction or operation of
improvements covered thereby, or its violation of any law or ordinance, the
infringement by it of any patent, trademark, trade name of copyright, and its
use of road improvements Prior to their formal dedication and acceptance by
the City,
SECTION VIII. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developers 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 applicable City Ordinances and
other applicable law and approved by the City Engineers.
SECTION IX. CONSTRUCTION PERM1TS:ETC.:
1. The City shall, within its authority, issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit Developers
to construct the improvements in accordance with plans and specifications called I for by this agreement, upon Developare' compliance with any deposit provisions
or regulations on other requirements of applicable ordinances! and the City
shall-cooperate with_Deuelopers_in_obtaining_sir-permits,-resolutionsand-
documents as may be necessary from other authorities having jurisdiction in
the premises.
SECTION X. GENERAL CONDITIONS AND REGULATIONS:
All provisions of the City's ordinances are incorporated herein by
reference, and all such provisions shall bind the parties hereto and be a part
of this agreement as fully as if set improvements required hereunder shall be
performed and carried out in strict accordance with and subject to the provisions
of said ordinances.
SECTION XI. FINANCIAL GU-E:
Prior to the execution of this contract by the City, the Developers shall
file with the City, a letter of credit setting forth terms and conditions
approved by the City Attorney, in the amunt of $135,000 .as a guarantee that
the required improvements will be completed by the Developers and their sub- .
contractors no later than one (1) year from the date of the recording of theC.S.M.
or the date of this agreement, whichever date comes first, and as a further
guarantee that all obligations to the subcontractors for work performed on the
development are satisfied.
SECTION XII. PARTIES BOUND:
Developers or their assignees shall be bound by the terms of this agree-
ment or any part herein as it applies to any phase of the Project.
IN WITNESS WHEREOF, Developers 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
POBERT W. KLENZ
EQR KLENZ-SUNTINE PARTNERSHIP
i This instrument was drafted by
n L -L I, Ylr"
CITY OF MUSKEGO
!.
t
BY:
WAYNE G.. SALENTINE, MAYOR
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BY :
JEAN MARENDA, CITY CLERK