CCR1991060AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #60-91
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
(Meadow Green West Subdivision Addition No. 2)
WHEREAS, a Final Plat has been submitted for the 39-lot Meadow
Green West Addition No. 2 of the Gregory Boehm property in the
Northeast 1/4 of Section 16, and
WHEREAS, the Preliminary Plat was approved in Resolution
#188-90, and
WHEREAS, the Plan Commission has recommended approval, subject
agencies along with all the concerns of the City Engineer, and
to complying with the concerns of all approving and objecting
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee subject to review by City
Attorney and Planning & Development Department.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
does hereby approve the Final Plat for the 39-lot Meadow Green
West Addition No. 2 of the Gregory Boehm property in the
Northeast 1/4 of Section 16, subject to approval of the City
Engineer and all objecting and approving agencies, and receipt
of all fees as provided in Section 10 of the Land Division
Ordinance, and subject to the adoption of Ordinance #711 and
subject to Section XI1 A. being amended to add "water"; to amend
word "an" to "and" at the top of Page 2 of the Letter of Credit.
Section XIV to insert the amount $303,551; and to correct the
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit, as attached, upon the recommendation of the
City Attorney and Planning & Development Department.
Finance Committee, is hereby approved subject to approval of the
DATED THIS 26TH DAY MARCH , 1991.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
ATTEST:
Ald. Harold L. Sanders
City Clerk
3/91cac
SUBDIVIDERS AGREEMENT
This agreement, made this day of
between Gregory J. Boehm, Gloria J. Boehm, Gary B. Boehm, and
Pamela A. Boehm, the "developer", and the CITY OF MUSKEGO, a
Waukesha County, hereinafter called the "City".
municipal corporation of the State of Wisconsin, located in
, 1990 by and
WITNESSETH
I
WHEREAS, Developer has submitted for approval by the City a
proposed final plat for MEADOW GREEN WEST ADDITION #1, a resi-
dential subdivision, a copy of which is attached hereto, made a
part hereof and marked Exhibit "A" (the Subdivision); 'and
WHEREAS, Section 236.13 of the Wisconsin Statues provides that
a,s a condition of plat approval, the governing body of the City
may require that the developer make and install certain public
ther, may require dedication of public streets, alleys or other
improvements reasonable necessary for the Subdivision and fur-
ways within the Subdivision, to be conditioned upon the construc-
tion of said improvements according to municipal specifications
witout cost to said municipality; and
WHEREAS, THE City's Engineers have duly approved the Developer's
plans and specifications for Subdivision improvement and the
Common Council has duly approved and authorized the terms and
MEADOW GREEN WEST ADDITION #;t provisions of this agreement and approved the final plat of
NOW THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
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.
A. Roads and Streets: Grade and improve al1,roads
and provide adequate facilities as approved by the City enqineer
B. Surface Water Drainage: Construct, install, furnish
and Public Works Committe for storm and surface water drainage
and specifications attached hereto, made a part hereof and marked
throughout the entire subdivision, in accordance with the plans
Exhibit "C" .
2. The City shall furnish to the Developer such
permits or easements as may be required in any public street 01
water drainage system.
property to enter upon and install the above described surface
complete syst- water supply and distribution, throughout the
entire subdivision, as approved by the City Engineer and in
accordance with the plans and specifications attached hereto as
Exhibit "Dl'. The cost of the preparation of as-built plans shall
be paid by the Developer.
C. WATER: Construct, install, furnish, and provide a
D. SANITARY SEWER: Construct, install, furnish, and
provide a complete sanitary sewage collection system throughout '
the entire subdivision, all in accordance with the plans,
specifications and drawings attached hereto as Exhibit "E". The
cost of the preparation of as-built plans shall be payed by the
Developer.
E. LANDSCAPING :
1. Preserve existing trees, whereever possible, in
2. Remove and lawfully 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.
accordance with section 8.13 of the Muskego Land Division
Ordinance and Resolution 1IP.C. 72-76.
3. The Developer shall plant street trees in
F. ROADSIDE DITCHES: Must meet City of Muskego
specifications. e SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
comleted by the Developer in total within twelve (12) months of
The improvements set forth in Section I above shall be
whichever date comes first.
the date of this agreement or recording of the final plat,
SECTION 111. DEDICATION:
Developer shall, wlthout charge to the City, upon compLetlOn Of Subject to all of the other provlslons oE this agreement.
the above described improvements, uncondltlonally Rive, erant,
convey and fully dedicate the roads and streets, !itom and
surface water drainage facLlltLes to the City. lt:1 succ~sso~~ and
asslens. forever, free and clear of all encumhrances whatever, together with and including, wlthout limitation because of
enurneratlon, any and all land, bulldlngs, structu1:es;maLns.
and hereditaments whlch may ln any way he a part of or pertain to condults, plpes llnes plant, machlnerv, equipment, appurtenances
such lrnorovements and together wlth any and all necessary
easements for access thereto.
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a
Divlsion OrdLnance.
SECTION V. MISCELLANEOUS REQUIREMENTS :
The. Developer shall:
A. Easements: Provide any easements on Developer's
land deemed necessary by the City Enqlneers be€ore the final plat
is stp;ned, provided such easements are so located as not to
revder any lot unbulldable or unsaleable.
all street signs and posts and the cost o.f their Lnstallation.
8. Street Signs: Reimburse the City for the cost of
thls to include all traffic signs.
called for by thls agreement to be carried out and performed in a
C. Manner of Performance: Cause all construction
Rood and workmanlike manner.
D. Survey Xonuments: Properlv place and install any
survey or other monuments required bv statute or ordinance-
restrictions in the form attached hereto, nade a part hereof and
E. Deed Restrictions: Execute and record deed
?larked Exhibit "F".
City a copv o€ Exhibit "A" showine the street erarle in front Of
each lot, the yard grade of the erade of all four corners of each
lot.
G. Street Lights: Install street 1LRhts in accordance
with Section 8.11
H. Sieht Distances: Restricc'lots so that no fence,
of the CLtv's Lanf: Division Ordinance.
.Jail. hedee, or shrub planting which obstructs sight lines at
shall be placed or permitted to remain on any corner lot within elevations between Two (2) and Six (6) t<et above the roadways
che triangular area formed by the street property lines and a
line connecting them at points twency-€tve (25) feet from the
property corner, from the intersection of the street PrOPertY
intersection of the street lines. or in the case of a rounded
llnes extended.
F. Grades: Furnish to the Building Inspector of the
,
SECTION VI. GUARANTEES:
The Developer shall guarantee all improvements described in
Section I, 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 Leveloper shall
pay for any damages to City property 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. Wisconsin law on negligence shall govern such
sitation.
SECTION VII. 'GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of,
any provisions of this agreement or documents incorporated herein
-3-
by reference. Developer shall indemnify and save l~,lr.~Le<.: the
City. its offlcers. agents and employees, and shall deFe.111 the
same from and against any and all LLahillty, claims, lassu,
damages, interest actions, suits, judcrnents, costs, expenses,
attorney'.s Eees, and the like to whomsoever owed and by
whomsoever and whenever brought or obtained, which may in any
manner result from or arise ln the course of, out of, or as a
result of the Developer's neRllgent construction or operation of
improvements covered thereby, or its vlolatlnn of anv law or
name or copywrlte, and lts use of road lmprovements prior to
ordinance, the infringement by it of anv paterlt, trademark. trade
their formal dedication and acceptance hy the City.
hereln, the provlslons of thls aereement shall he for the heneflt
of the purchaser oE any lot OK any Lnterest ln any lot or parcel
of land in the Subdivision.
The Developer agrees that ,in additton to the Cltv's rights
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 hereln. the same shall be accepted bv the City
agreement and as requlred by applicable CLty ordlnances and other
if said improvements have been completed.as required by thls
applicable law and approved by the City EnEineers.
SECTION X EROSION CONTROL PLAN AND PERMIT:
land dlsturbine. permit and an erosion control plan tn accordance
with the1 requirements of Section 29.06 of the CLt.y's Erosion
Control Ordinance (Ord. 1560).
The Developer shall submit to the City, an applicatton for a
SECTlON XI. CONSTRUCTION PERMITS, ETC..:
adopt such resolutions, and execute such documents as may be
necessarv to permlt Developer to construct the lmprovements ln
accordance wlth plans'and speciElcatlons called for by this
aereement, upon Developer's complfance wlth any deposit
provlslons or other requirements oE the appllcahle ordinances or
obtainine similar permits, resolutlons and documents as mav be
regulatlons; and the City shall cooperate wlth Developer Ln
necessarv fron other authorltles havlnR j~u~lsdictlon in the
premlses.
l..The City shall, within its authorltv, issu.e such permlts,
2. 'The Cicy shall, as a condition oE 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 pro-
visions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no occupancy permits . be issued either for the said model homes, or any other homes, until the City's Engineers have determined that:
' A. llle Sewer and surface water drainage facilities requlrefl
to Sene such homes are connected with an operating system as required
The Developer shall be allowed to construct model homes.
as sufficient io service the traffic reasonably anticipated during the
period,prior to the date when the roads must be completed and dedicated.
SECTION XIII. CONDITIONS AND IEGULRTIONS:
by reference, and all such provisions shall bind the parties hereto and
be a part of this agrecment as fully as if set forth at lenpth herein.
'Illis 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.
All the provisions of the City's ordinances are incorporated herein
- SECI'ICN XIV. FINANCIAL GUNWEE
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be signed by their appropriate officers and their seals to be hereunto af-
fixed in duplicate original counterparts on the day md year first written
above.
IN WITNESS WEREOF, Developer and City have caused this agreement to
DEVELOPER CITY OF MUSKEG0
mRY J. B
By :
WAYNE G. ShLENI'JMi, Mayor
By :
GLORIA J. BOEIM JEAN EWNIIA, Clerk
B.
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TRI CITY
NATIONAL
BANK
0, MY. CO.*l"
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO. 342
DATE: March 27, 1991
AMOUNT: $303,551.00
APPLICANT: Gregory J. Boehm and Gloria J.
Gary B. Boehm and Pamela A.
Boehm, husband and wife, and
Boehm, a partnership
S81 W16964 Woods Rd.
Muskego, WI 53150
BENEFICIARY: City of Muskego DATE: June 27, 1992
8200 S. Racine Ave.
Dear Sirs: We hereby issue this irrevocable documentaty credit in your favor (the
beneficiary's) which is available by beneficiary's draft(s) at sight drawn on Tri
City National Bank. Each draft accompanying documents must state "Drawn under Tri
City National Bank Documentary Credit No. 342."
This Standby Credit is to provide security to the City of Muskego for the perdom-
ance of Gregory J. Boehm and Gloria J. Boehm. husband and wife, and Gary B. Boehm
and Pamela A. Boehm, a partnership, obligations under that certain Agreement dated
between the City of Muskego and applicants.
DRAFTS ARE TO BE ACCOMPttUIED BY:
A statement signed by the Mayor of the City of Muskego stating that Gregory J.
a partnership, have failed to complete the construction of all the improvements in
Boehm and Gloria J. Boehm, husband and wife, and Gary B. Boehm and Pamela A. Boehm,
Section I in accordance with said Agreement. Said statement shall set forth the
estimated amount necessary for the City of Muskego to complete such improvements.
CONTINUED ON PAGE TWO (2) WHICH IS AN INTEGRAL PART OF THIS STANDBY CREDIT
e
5353 Sooth 108th Slreer Hales Corners, Msconsin 53130 -114-125-3200 FAX 125-1328
-~ ~
E 2, AN INTEGRAL PART OF STANDBY CREDIT NO. 342
ATED March 27, 1991
SPECIAL CONDITIONS:
The total amount of this Irrevocable Standby Letter of Credit shall be reduced
as per the City of Muskego's inspection an approval of payment as work is
completed.
This standby credit will terminate on the27th of June 1992 provided,
however, Tri City National Bank shall give written notice to the beneficiary of
I its intention to terminate this standby credit at least 90 days prior to said 27th
d day of June 1992. 6 1? ?
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
any manner to require Tri City National Bank to inquire into its terms and
for identification purposes only and such reference shall not be construed in
obligations.
We encourage with you that drafts drawn under and in compliance with the terms
of this credit will 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 and/or for
cancellation. The amounts drawn under this Letter of Credit shall not exceed
$303,551.00.
0
This credit is subject to the Uniform Customs and Practice for Documentary
Credits (1983 Revision) International Chamber of Commerce, Publications 400.
Very truly yours,
TRI CITY NATIONAL BANK
Gregory J. Jurasovich
Loan Officer
GJJ/bj