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CCR1989257COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #257-89 APPROVAL OF DEVELOPER'S AGREEMENT AND LETTER OF CREDIT (Willow Pond) WHEREAS, the Developer's Agreement has been submitted for the Willow Pond development (Phases I1 h III), 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 Developer's Agreement and Letter of Credit as attached, subject to the approval of the City Attorney . DATED THIS 26th DAY OF September , 1989. LXL Ald. Edwin P. Dumke Ald. Daniel J. Hilt Ald. Harold L. Sanders ATTEST : City Clerk 9/89 jz ! -G DEVELOPflENT AGREEMENT THIS AGREEMENT, made this fZth day of Octaber, 1989 by and between William E. Paschke, Jr. and Donald Ripp, the "developer" and the City of Muskego, a municipal corporatien in the State of Wioccrnsin located in Wauksaha County, hereinafter called the "city. " WITNESSETH; WHEREAS, developer has submitted for approval by the city a planned unit development knawn as willow pond, a multi?amlly development, a copy of which is attached hereto, and marked as Phase I1 and 111 of Exhibit A; and .L1 WHEREAS, it is mutually agreed that if develeper constructs improvements, and municipality may reasonably require dedication ut such public improvements, it any, within the develapment, to be conditioned upon the construction Of such improvement, according to municipal specifications, without cost tc8 the municipality; and WHEREAS, the city engineers have duly approved the developer's plans and specifications Tor 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 I1 and I11 of Exhibit A, NOW THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: I Imoravements. The develGper, entirely at his expense shall: A. Roads and Streets: Grade and improve all reads and 10:ZI 68. 3Z d3S .. streets in accardance with Exhibit A and any municipal opecifications. 8. Surface Water Drainaaq: Construct, install, furnish and provide adequate facilities as approved by the city engineer and public WCsrks 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 E. The city shall furnish to the develc,per such permits or easements as may be required in any public street ur property to enter upon and install the abnve described surface water drainage system. 2 c. Water: Construct, install, furnish and provide a complete system o3f water supply and distributican throughout Phase 11 and 11.1 uf Exhibit A as approved by the city engineer and in accordance with the plans and specifications attached hereto as Exhibit B. The preparation of as-built plans shall be paid by the developer. 0. Sanitary Sewer: Construct, install, furnish and provide a complete sanitary sewage cullection system throughout Phase I1 and 111 07 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. The cost of the preparation of the as- built plans shall by paid by the developer. L E00 ' 33bd 20:21 68. 92 d3S E. Landscaainar 1. Preserve existing tree3 wherever possible in the 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 9.13 of Muskego Land Division Ordinance and Resolution Ne, PC72-75 in the event the street improvements are to be made. I1 .I Time of com~letion sf imDrovements. The improvements set forth in Exhibit A, Phase as referred to in Section I above, shall be cumpleted by the developer in total within twelve (12) months of the date of this agreement. 111 Dedication. Su5,ject to all of the other previsions of this agreement, developer shall, if the municipality SO requests withnut charge to the city, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the rQad and streets, storm and surface water drainage, and water and sewer facilities tu the city, it% successors and assigns, forever, free and clear of all encumbrances, whatever, together with and including without limitation because of enumeration any and all land, mains, canduits, pipes, lines, appurtenances and hereditament, which may in any way be a part of or pertain to such improvements, and 3 'topethrr wikh any anrl a11 nerocaary Pacementa p~ a~=o=s: th=y=bes IV Ins~ectians and Administration Fees. The developer shall Pay and reimburse the city ail fees a5 required, and at the time speciried in Sectian 10 of its land division ordinance. V Miscellaneous Reauirements. The developer shall: A. Easements. Pruvide any easements on develaper's land deemed necessary by the city engineers, provided such easements are SO located as not to render any lut unbuildable or unsalable. B. Street Siany. Reimburse the city for the cost at all street signs, pasts and the costs of their installation. This shall include all traffic signs. . .. C. Manner of Performancq. Cause ali construction called for by this agreement to be carried aut and perfarmed in a goad and workmanlike manner. D. SUT.VRY Monuments. Properly place and install any survey ur other monuments required by statute or ordinance. E. Grades. Furnish ta the building inspector of city a copy of Exhibit A, showing the street grade tcn the extent it affects Phase I1 and 111. F. Street Liahts. Install street lights in accordance with Sectian 8.11 of the City's land divisio'n ordinance. G. Site Distances. Restrict development sa that no fence, wall, hedge or shrub planting which obstructs site lines at elevations bRtUBRn two (2) and six (61 feet above the roadway shall be placed or permitted to remain on any corner within the 4 SOO ' 33Ud . triangular area formed by the strmet preportp lints, any line connecting them at paints twenty-five (25) feet from the intersection of the street lines, or in the case uf a rounded PrCaPertY corner, from the intersection of the street property lines extended. a VI Guarantees- The develnper shall guarantee the surface uater drainage improvements and other improvements described in Sectifin 1, item A, B, C, and D and hereof, against defects due to faulty materials or workmanship, previded that such defects appear within a period d one year P,rctm the date of dedication and acceptance. The develcper shall pay for any damages to city property resulting ?rum such faulty materials or workmanship. VI I Qeneral Indemnity. In addition to, and nut to the exclusion uf 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 shsll 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 uhumsoever owed end by whomsoever, and whenever, bruught, ordered ur 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 lau or ordinance, the infringements by him of any patent, trade name or copyright, and the use of his road 0 5 ZOO 33Ud improvements prior to their formal dedication and acceptance by the city. VISI AcceDtance of Nork and Dedication. As and when the develuper shall have completed the improvemc!nts 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 a5 required by the applicable city ordinances and other applicable law and approved by the city engineers. ! I IX Erosion Control Plan and Permit. Developer shall submit to the city an application f.>r a land disturbing permit and an erosion control plan in accordance with the requiremants of section 29-06 of the city's erosion control ordinance CORD. Nu 560). ". X Constr'uctiun Permits, Etc. 1. The city shall, within its authority, issue such pcrmita, adopt EUC~ rreelution- m,d oxosut.~) ouch derumnont- may be necessary to pernit developer to construct the improvements in accordance Upon developer's cumpliance with any depositc agreement. with the plans and specifications called for by this provisions or jother requirements of the applicable ordinances ur regulations; and the city shall cooperate with the developer in obtaininglsimilar permits, resolutions and documents a-- may be necessary from other authorities having jurisdiction in the ! I q I 6 LBO. 33Ud premirns. 2. The city shall, as a condition of the developer executing this agreement, make available to the developer or its nominees, s~ccesso~s or assigns, building permits for the construction of the buildings described in Exhibit. XI Buildinq and Occupancy Permits. It is expressly understood and agreed that no building permit shall bo issued nor shall any occupancy permits be issued until the city’s engineers have determined that the water, sewer and surqace water drainage facilities and any roads that may be constructed to serve thea multi-family lunits are connected with an operating system BB required herein. ... XI I General Conditions and Reaulations. All the provisions of the City’s OrdLnances arc 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 the subject to the provisions of said ordinances. XI11 Financial Guarantee. Priur to the execution of this contract by the city, the developer shall file with the city an assurance of completion setting forthe the terms and conditiuns approved by the city attorney in the amount of 5 140,000.00 as a guarantee that the required impruvements will be completed by the 7 VEi:ZI 68. 9Z d3S 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 all obligations to the Subcontractors who work on the development are satisfied. XIV Parties baund. Develeper of 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 tu be herein to affixed in duplicate original cuunterparts on the day and here first written abuve, .> DEVELOPER BY: William E. Paschke, Jr. Don J. Ripp CITY OF MUSKEG0 BY: Wayne G. Salintine, Mayor Jean K. Marenda, Clerk S!3:2l 68. 92 d3S IRREVOCABLE STANDBY DOCUMENTARY CREDIT CREDIT NO. : DATE 10-12-83 0 AHOUNT: $ 190.000.00 INSURED BANK: M&I Warshall SI IIsley Bank 770 N. Water Street Milwaukee, WI 53202 APPLICANT: William E. Paschke, Jr. Don J. Ripp BENEFICIARY: City of Huskego Wl82 S8206 Racine Ave. Muskego, WI 53150 EXPIRY DATE: 1-12-91 at our counters Dear Sirs: We hereby issue this irrevocable documentary credit in your favor The City of Muskeg6, which is available by beneficiary’s draft(*) accompanying documents must state “Drawn Under MScI Marshall % at sight drawn on M&I Marshall & IIsley bank. Each draft IIsley Bank Documentary Credit No. This Standby Credit is tu provide security to the City of Muskego for the performance of William E. Paschke, Jr. and PQn J. Ripp’s obligations under that certain Agreement dated iO-i2-%9 between the City of Muskego, and applicant. DRAFTS ARE TO BE ACCOMPANIED BY: A statement signed by the Mayor o+ the City of Muskego stating that William E. Paschke, Jr. and Don J. Ripp have failed to said Agreement. complete the construction of all improvements in accordance with amount necessary for the City of Muskego to complete such Said statement shaI1 set forth the estimated improvements. CONTINUED ON PAGE TWO (2.) WHICH IS AN INTEGRAL PART OF THIS STANDBY CREDIT. 010 33Wd .. 'PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO. ./ DATED 10-12-09 a SPECIAL CONDITIONS: This standby credit will terminate on the 12th day of January 1991 provided, however, M&I Marshall & II5ley Bank shall give written notice to the beneficiary o? Its intention tu termipate this standby credit at least 90 days prior to said iZth day of January 1931. 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 identl7ication purposes only and such Marshall & IIsley Bank, to inquire into its terms and reference shall not be construed in any manner to require MbI obligations. We encourage with you that drafts drawn under and in camplianca with the terms of this credit will be duly honured if presented on ur before the expiry date. This original Standby Credit must endorsement o? any payments effected by us and/or for be Sunmittea te us tctgether with any drawings hereunder for cur cancelation. Very truly ynurs, M&I Marshall & IIsley Bank 1 IB'39Wd