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CCR1989264COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION ~264-89 APPROVAL OF DEVELOPER'S AGREEMENT AND LETTER OF CREDIT (Restful Lane) WHEREAS, the Developer's Agreement has been submitted for the Restful Lane development, 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 10th DAY OF October , 1989. FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Harold L. Sanders ATTEST : City Clerk 1o/a9 ca SUBDIVIDERS AGREEHENT by and between TNOMAS W.EUE~€ This agreement, made this &*day of ocrcaen. ,19Bp and the City of Huskeeo. a municiDal corDoration of the State , the "Developer", of Uisconsin, located in Waukesha County, hereinafter called the "City". " WITNESSETH UHEREAS, Developer has submitted for approval by the City a proposed final plat for PEsTFuL LAuE &AID DIVGIO~ , a residential-subdivision. a CODY of which is attached her.eto. made a parc hereof and marked Exhibit "A" (the'subdivision"); and City nay require that the Developer make and install certain that as a cgndition of plat approval, the governing body of the public improvements reasonably.necessary for the Subdivision and further, 'may .requi.re dedication^ of public streets, alleys or other -days within:.the. Subdivision, to be conditioned upon the conscruccion of said improvements according to municipal specifications vichout-cost to. said municipality; and WHEREAS, Section 236.1~3 of the Wisconsin Statues provides . 'AXEREA3,'the City"s engineers have duly approved the Developer's plans and specifications for subdivisi.on improvements and the Comnon Council has duly approved and authorized the terms and provisions of this agreement and approved the final plat SOW, TifEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: SECTIOY 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 specifications~attached hereto, made~a part hereof and marked Exhibit "B', all in accordance with the City's street specifications. .. - , 'I . - a? ' 'PAGE 2. Subdivider's Agreement B. SURFACE WATER DRAINAGE: 1. Construct. install. furnish and provide adequate facilities as approved by the City engineer and Public Works Committee for storm and surface vater drainage throughout the entire subdivision, in accordance vith the plans and specifications attached hereto, made a part hereof and marked Exhibit "C". 2. The City shall furnish to the Developer such permits of easements as may be required in any public street or property to enter upon and install the above described surface water drainage system. C. SANITARY SEWER: Construct, install, furnish, and provide a complete sanitary sewage collection system throughout specifications and drawings attached hereto as Exhibit "E". The the entire subdivision, all in accordance with the plans, cost of the preparation of as-built plans shall be payed by the Developer. D. LANDSCAPING: -3 1. Preserve existing trees, whereever possible, in 2. Remove and la'ufully dispose of all old barns, the construction of Subdivisions improvements. outbuildings, destroyed trees, brush, tree trunks, shrubs and other similar natural growth, and all rubbish. Ordinance and Resolution I1P.C. 72-76. accordance vith secti-on 8.13 of the Yuskego Land Division 3. The Developer shall plant street trees in SECTION 11. TIHE OF COMPLETION OF IYPROVEXEXTS: completed by the Developer in total within twelve (12) months of the date of this agreement or recording of the final plat, whichever date comes first. The improvements set forth in Section I above shall be SECTION 111. DEDICATION: Developer shall, without charge to the City. upon completion of Subject to all of the othei provisions of this agreement, the above described improvements, unconditionally give, grant, convey and fully dedicate the roads and streets, storm and surface water drainage facilities to the City, its successors and assigns, forever, Eree and clear of all encumbrances whatever enumeration, and all land, buildings, structures, mains, together with and including, without limitation because of conduits, pipes lines plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such improvements and together vith any and a11 necessary easements for access thereto. 'I - ' 'PAGE 3, Subdivider's Agreement SECTION IV. INSPECTIONS AND ADMINISTRATION FEES: The Developer shall pay and reimburse the City all Fees as required and at the times specified in Section 10 of its Land Division Ordinance. SECTION V. NISCELLANEOUS REQUIREMENTS: The Developer shall: land deemed necessary by the City Engineers before the final plat is signed, provided such easements are so located as not to render any lot unbuildable OK unsaleable. all street signs and posts and the cost of their installation, 8. Street Signs: Reimburse the City for the cost of this to include all traffic signs. ca.lled for by this agreement to be carried out and performed in a good and uorkmanlike manner. survey or other monuments required by statute or ordinance. D. Survey Yonuments: Properly place and install any City a copy of Exhibit"A" shoving the street grade in front of E. Grades: Furnish to the Building Inspector of the each lot, the yard grade and the grade of all four corners of each lot. with Section 8.11 of the City's Land Division Ordinance. A. Easements: Provide any easements on Developer's C. Xanner of Performance: Cause all construction F. Street Lights: Install Street lights in accordance vall. hedEe, or shrub planting vhich obstructs sinht lines at G-; Sight Distances- Restrict lots so that no fence, elevations betueen Tvoi2) and-Six(6) feet above the roadvays shall be placed or permitted to remain on any corner lot uithin the triangular area Formed by the street property lines and a line connecting them at points tventy-€ive (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. SECTIOX. VI. GUARANTEES: The Developer shall guarantee the surface water drainage improvements and 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 Developer shall pay for any damages to City property resulting from such faulty materials OK uorkmanship. This guarantee shall not be a bar to any action the City might have for negligent Workmanship or materials. Wisconsin lau on negligence shall govern such situation. ,. 2: PAGE'4, Subdivider's Agreement SECTION VII. GENERAL INDEMNITY: '' In addition to, and not to the exclusion or pre~iudice 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 shall defend the same from and against any and all liability, claims, losses, damages, interest actions, suits, judgments, costs, expenses, attorney's fees, and the like to whomsoever owed and by vhomsoever 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 ordinance, the infringement by it of any pztent, trademark, trade improvements covered thereby, or its violation of any law or name or copywrite, and 1cs use of road improvements prior to their formal dedication and acceptance by the City. SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS: 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. The Developer agrees that in addition to the City's rights e SECTIOY IX. ACCEPT.1NCE OF WORK AND DEDICATION: As and when the Developer shall have completed the City as set forth herein, the same shall be accepted by the City improvements herein required, and shall dedicate the same to the agreement and as required by applicable City ordinances and other if said improvements have been completed as required by this applicable law and approved by the City Engineers. SECTION X. EEOSIOS CONTROL PLAN AND PERHIT: The Developer shall submit to the City; an application for a land disturbing permit and an erosio'n control plan in accordance with the requirements of Section 29.06 of the City;s Erosion Control Ordinance (Ord. 11560). - SECTION XI. CONSTRUCTION PERMITS, ECT...: permits, adopt such resolutions, and execute such documents as 1. The City shall, vithin its authority, issue such may be necessary to permit Developer to construct the improvements in accordance with the plans and specifications any deposit provisions or other requirements of the applicable called for by this agreement, upon Developer's compliance vith ordinances or regulations; and the City shall cooperate vith the Develonsr in ~bcair~in~ similar permits, res~lutions and documents I. I .I . ,.I:' .. . ,,. 8 r ;u;:~G:LLL.: .a I:,), .~r~.jdi~:i,-,n 111 !tI.. ;,r$.:?, :; '0 ! ! I I 0 .- . . PAGE 5, Subdivider's Agreement 2. The City shall, as a condition of the Developer 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 PERHITS: (2) model homes. It is expressly understood and agreed that no The Developer shall be alloved to construct no more than tvo building permits 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 vater drainage facilities required to serve such homes are connected vith an operation system as required herein. 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. B. That the City's Engin'eers have approved the SECTION XIII. GENERAL CONDITIONS AND REGULATIONS: herein by reference, and all such provisions shall bind the X11 the provisions of the City's ordinances are incorporated parties hereto and be a part of this agreement as fully as if set forth at length herein. This agreement and all vork and improvements required hereunder shall be performed and carried out in strict accordance vith and subject to the provisions of. said ordinances. SECTION XIV. FINANCIAL GUARANTEE: - .. Prior to the execution of this contract by the City, the Developer shall file vith the City a letter of credit setting amount of $ 8,000. 00 as a guarantee that the required forth terms and conditions approved by the City Attorney in the subcontractors no later than one (1) year from the date of the improvements vi11 be completed by the Developer and his recording of the final plat or the date of the agreement, vhichever date comes first. and as a further gruarantee that all obligations to the subcontractors for vork on the development are satisfied. 3- ,. ~ . e. * PAGE 6, Subdivider's Agreement - 'i .. 1 -, . SECTION XV. PARTIES BOND: 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 subdivision. IN WITNESS HEREOF, Developer and City have caused this agreement to be signed by their appropriate officers and their seals to be hereunto affixed ir! duplicate original counterparts on the day and year first written above. DEVELOPER CITY OF MUSKEG0 By : =OMAS W€&V€TrC Wayne G. Salentine, Mayor 2 By : Jean Marenda, Clerk 1 .. 1 I-; 6. APPLICANT: Thomas Wernette W128 S7110 Flintlock Tr. Muskego, WI 53150 BENEFICIARY: City of Yuskego EXPIRY DATE: at our counters 8200 S. Racine Avenue TAM 10 , 1951 Huskego, WI 53150 . Dear Sirs: We hereby issue this irrevocable documentary credit in your favor, City of Xuskego, which is available by beneficiary's draft(s) at sight drawn on Tri City National Bank of Hales Corners. Each draft accompanying documents must state "Dram under Tri City National Bank of Hales Corners Documentary Credit No. 329". This Standby Credit is to provide security to the City of Huskego for the performance of Thomas Wernette's obligations under that certain Agreement dated 0C-r 10 . 1989 between the City of Muskego. and applicant. DRAFTS ARE TO BE ACC0,TYPAYIED BY: A statement signed by the Xayor of the City of Huskego stating that Thomas Wernette has €ailed to complete the construction of all improvements nf set forth the estimated amount necessary for the City o€ Muskego to complete such improvements. Section I in accordance with said Agreement. Said statement shall CONTISUED ON PAGE TWO (2) WICH IS AN INTEGRAL PART OF THIS STANDBY CREDIT PAGE 2, AN INTECRU. PART OF STANDBY CREDIT NO. 329 DATED: July 28. 1989 SPECIAL CONDITIOSS: This standby credit will terminate on the /oTHday of JA~ 1991 provided, however, Tri City Sational Bank of Hales Corners shall give written notice to the beneficiary of its intention to terminate this standby credit at least 96 days prior to said /or'fday of JAM 1991. After said date this letter of credit can only terminate upon 90 days vritten notice to the beneficiary. It is hereby agreed by all parties h,ereto chat the reference to "Agreement" is for identification purposes only and such reference shall not be construed in any manner to require Tri City National Bank of Hales Corners. to inquire into its terms and obligations. We engage with you chat drafts dram under and in compliance with the terms of this credit vi11 be duly honored if presented on or before the expiry date. This original Standby Credit must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us andlor for cancellation. Very truly yours, TRI CITY NATIONAL B&\'K OF HALES CO GRGlsn