CCR1991063AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #63-91
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
(College Square Subdivision - Groh)
WHEREAS, a Final Plat has been submitted for the 15-lot College
Square Subdivision of the John Groh property in the Northeast
1/4 of Section 5, and
WHEREAS, the Preliminary Plat was approved in Resolution #84-90,
and
WHEREAS, the Plan Commission has recommended approval, subject
to approval of the City Engineer, and
WHEREAS, the Subdivider's Agreement and Letter of Credit has
been recommended for approval by the Finance Committee.
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 15-lot College Square
Subdivision of the John Groh property in the Northeast 1/4 of
Section 5, subject to approval of the City Engineer and all
provided in Section 10 of the Land Division Ordinance, and
objecting and approving agencies, and receipt of all fees as
subject to the adoption of Ordinance #710 and subject to the
Agreement in a form satisfactory to the Planning h Development
Department so this improvement is secured by the Letter of
Credit.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit, as attached, upon the recommendation of the
Finance Committee, are hereby approved subject to approval of
the City Attorney and City Engineer.
DATED THIS 26TH DAY MARCH , 1991.
access easement improvement being added to I of the Subdivider's
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST:
City Clerk
3/91cac
SUBDIVIDERS AGREEMENT
This agreement, made this 13th day of March - 1991 , by and between COLLEGE SQUARE DEVELOPMENT GROUP, the
"Developer1' and the City of Muskego, a municipal corporat.ion of the
State of Wisconsin, located in Waukesha County, hereinafter called
the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by the City
a proposed final plat for college square, a residential
and marked Exhibit "A" (the "Subdivision") ; and
subdivision, a copy of which is attached hereto, made a part hereof
WHEREAS, Section 236.13 of the Wisconsin Statutes
provides that as a condition of plat approval, the governing body
public improvements reasonably necessary for the Subdivision and
of the City may require that the Developer make and install certain
further, may require dedication of public streets, alleys or other
ways within the Subdivision, to 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
Developer's plans and specifications for subdivision improvement
and the Common Council has duly approved and authorized the terms
and provisions of this agreement and approved the final plat;
NOW THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows: 0
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
streets in accordance with the plat of said Subdivision and the
A. Roads and Streets: Grade and improve all roads and
plans and specifications attached hereto, made a part hereof and
marked Exhibit "B" , all in accordance with the City's street
specifications.
B. Surface Water Drainaqe:
1. Construct, install, furnish and provide adequate
Committee for storm and surface water drainage throughout the
facilities as approved by the City engineer and Public Works
attached hereto, made a part hereof and marked "Exhibit C".
entire subdivision, in accordance with the plans and specifications
permits or easements as may be required in any public street or
2. The City shall furnish to the Developer such
property to enter upon and install the above described surface " water d;ainage system.
provide a complete sanitary sewage collection system throughout the
C. Sanitarv Sewer: Construct, install, furnish, and
entire subdivision, all in accordance with the plans,
cost of the preparation of as-built plans shall be payed by the
specifications and drawings attached hereto as "Exhibit D". The
Developer.
D. LandscaDinq:
1. Preserve existing trees, wherever possible, in
the construction of Subdivision improvements.
2. Remove and lawfully dispose of all old barns,
outbuildings, destroyed trees, brush, tree trunks, shrubs and other
similar natural growth, and all rubbish.
3. The Developer shall plant street trees in
accordance with Section 8.13 of the Muskego Land Division Ordinance
and Resolution #P.C. 72-76.
E. Roadside Ditches: Must meet City of Muskego
specifications.
F. Pedestrian Access Easement: Construct, install,
Dlans and sDecifications attached hereto, mnade a part hereof and
furnish and provide a hard surface'walkway in accordance with the
marked "Exhibit B". 0
SECTION 11. 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 final plat,
whichever date comes first.
SECTION 111. DEDICATION:
Developer shall, without charge to the City, upon completion of the
Subject to all of the other provisions of this agreement,
above described improvements, unconditionally give, grant, convey
drainage facilities to the City, its successors and assigns,
and fully dedicate the roads and streets, storm and surface water
and including, without limitation because of enumeration, any and
forever, free and clear of all encumbrances whatever together with
machinery, equipment, appurtenances, and hereditaments which may in
all land, buildings, structures, mains, conduits, pipe lines plant,
with any and all necessary easements for access thereto.
any way be a part of or pertain to such improvements and together
SECTION IV. INSPECTIONS AND ADMIISTRATION FEES:
L
as required and at the times specified in Section 10 of its Land
The Developer shall pay and reimburse the City all fees
Division Ordinance.
SECTION V. MISCELLANEOUS REOUIREMENTS:
The Developer shall:
A. Easements: Provide any easements on Developer's 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 or unsaleable.
B. Street Sians: Reimburse the City for the cost of all
street signs and posts 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 place and install any
survey or other monuments required by statute or ordinance.
E. Deed Restrictions: Execute and record deed
restrictions in the form attached hereto, made a part hereof and
marked "Exhibit E".
City a copy of "Exhibit A" showing the street grade in front of
F. Grades: Furnish to the Building Inspector of the
each lot, the yard grade and the grade of all four corners of each
lot.
G. Street Lishts: Install street lights in accordance
with Section 8.11 of the City's Land Development Ordinance.
wall, hedge, or shrub planting which obstructs sight lines at
H. Sisht Distances: Restrict lots so that no fence,
elevations between two (2) and six (6) feet above the roadways
shall be placed or permitted to remain on any corner lot within the
triangular area formed by the street property lines and a line
connecting them at points twenty-five (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.
SECTION VI. GUARANTEES:
The Developer shall guarantee the public roads and streets,
surface water drainage improvements, sanitary sewers, and other
against defects due to faulty materials or workmanship provided
improvements described in Section I, items A, B and C hereof,
that such defects appoear 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 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.
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0 SECTION VII. GENERAL INDFXNITY:
In addition to, and not to the exclusion or prejudice of, any
provisions of this agreement or documents incorporated herein by
reference, Developer shall indemnify and save harmless the City,
against any and all liability, claims, losses, attorney's fees, and
its officers, agents, and employees, and shall defend same from 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 ordinance, the infringement by it of any
patent, trademark, trade name or copywrite, and its use of road
City.
improvements prior to their formal dedication and acceptance by the
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
herein, the provisions of this agreement shall be for the benefit
The Developer agrees that in addition to the City's rights
of the purchaser of any lot or any interest in any lot of parcel of
land in the Subdivision.
SECTION IX. ACCEPTANCE 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 if
improvements herein required, and shall dedicate the same to the
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.
0
SECTION X. 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. P560).
SECTION XI. CONSTRUCTION PERMITS ETC.:
1. The City shall, within its authority, issue such permits,
necessary to permit Developer to construct the improvements in
adopt such resolutions, and execute such documents as may be
accordance with the plans and specifications called for by this
agreement, upon Developer's compliance with any deposit provisions
or other requirements of the applicable ordinances or regulations;
and the City shall cooperate with the Developer in obtaining
similar permits, resolutions and documents as may be necessary from
other authorities having jurisdiction in the premises.
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.@ this agreement, make available to the Developer or its nominee,
2. The City shall, as a condition of the Developer executing
successors or assigns, building permits for the construction
residences subject to the provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
(2) model homes. It is expressly understood and agreed that no
The Developer shall be allowed to construct no more than two
occupancy permits shall 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 water drainage facilities
required to serve such homes are connected with an operation system
as required herein, and,
of the roads then existing to serve such homes as sufficient to
B. That the City's engineers have approved the condition
service the traffic reasonably anticipated during the period prior
to the date when the roads must be completed and dedicated.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
herein by reference, and all such provisions shall bind the parties
All the provisions of the City's ordinances are incorporated
hereto and be a part of this agreement as fully as if set forth at
required hereunder shall be performed and carried out in strict
length herein. This agreement and all work and improvements
accordance with 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 with the City a letter of credit setting forth
terms and conditions approved by the City Attorney in the amount of
$ 31,000.00
will be completed by the Developer and his subcontractors no later
as a guarantee that the required improvements
or the date of the agreement, whichever date comes first, and as a
than one (1) year from the date of the recording of the final plat
work on the development are satisfied.
further guarantee that all obligations to the subcontractors for
SECTION XV. PARTIES BOUND:
Developer or its assignees shall be bound by the terms of this
development of the subdivision.
agreement or any part herein as it applies to any phase of the
5
agreement to be signed by their appropriate officers and their
IN WITNESS HEREOF, Developer and City have caused this
seals to be hereunto affixed in duplicate original counterparts on
the day and year first written above.
DEVELOPER CITY OF MUSKEGO
By:
P Wayne G. Salentine, Mayor
WP Sub. Csq
By :
Jean Marenda, Clerk
6
(ON BANK LETEMW)
IRREVOCABLE STANDBY CREDIT
AMOUNT: USD 31,000.00
March 13, 1991 Thirty-one Thousand and 00/100 U.S. Dollara
APPLICANT:
College Square Development Group, A Partnership
16724-W, Crescent Drive .-
New Berlin, WI 53151 Ad
BENEFICIARY:
City of Muekego I-"
W182 Sa200 Racine Ave. Y
EXPIRATION DATE: Jug 13, 1992
at our counters.
Muskego, VI 53150
Dear Sire:
We hereby issue this irrevocable standby credit in your favor (the beneficiary'e)
which is available by beneficiary's draft(s) at sight drawn on BUT ONE, MILWAUKEE. NA.
Drafts available with BANK ONE, MILWALKEE, NA by payment.
Each draft accompanying documents must state "Drawn under BMK ONE, MILWAUKEE, NA
Standby Credit Xo, Xxxyx".
This Standby Credit is to provide security to the city of Muskego for the performance
of College Square Development Group, a Partnership obligations under that certain 0 Agreement dated %arch 13, 1991 between the City of Huskego and Applicant.
ACCOMPANIED BY TEE FOLLOWING DOCUMENTS:
A statement aigned by the Yayor of the City of Muskego stating that College Square
Development Group, A Partnership has failed to comp.lete the construction of the
improvements as aet forth in Section I in accord nee with said Agreement. Said
statement shall set forth the estimated mou essary for the City of Kuekego EO
complete such improvements.
SPECIAL CONDITIONS:
Thia Standby Credit will cerminate on the 13th day of June, 1992 provided, however
Bank One, Milwaukee, XA shall give written notice to the beneficiary of its intention
After said date this letter of credit can only terminate upon 90 days written nocice
to terminate this standby credit at leaet 90 days prior to said 13th day of June, 1992.
to che beneficiary.
It is hereby agreed by all parties hereto that the reference to "Agreement" Le for
identification purposes only and such reference shall not be construed in any manner
to require Bank One, Milwaukee, NA to inquire into ita terms and obligations.
Except as otherwise expressly stated, this credit is eu5ject to the "Uniform Cuetoms
and Practice for Documentary credits (1983 Revision) International Chamber of Commerce
*\* qt+
m Publication No, 400".
COXTINUED ON PAGE TMO (2) AN INTEGRV. PART OF TRIS STAXXIBY CREDIT.
PAGZ TWO (21 LiICH IS AN INTEGRAL PART OF STANDBY CREDIT XxIuM DATED March 13, 1991.
We engage with you chat drafts dram under and in complisncc with the term of this
credit will be duly honored if ?resented on or before the expiry date. Thia original
Standby Crediz must be submitted to us together with any drawings hereunder for our
endorsement of any payments effected by ua and/or for cancellation.
Very truly yours,
BANK ONE, MIL y!$$%*
$3
Authorized Signature
/SLK