CCR1991089AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #89-91
APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT
(Lake Point Estates -- Kaerek)
WHEREAS, a Final Plat has been submitted for the 41-Lot Lake
Point Estates Subdivision in the SE 1/4 of Section 10, and
WHEREAS, the Preliminary Plat was approved in Resolution #8-91,
and
WHEREAS, the Plan Commission has recommended approval, subject
to complying with the concerns of all approving and objecting
agencies along with all the concerns of the City Engineer, and
WHEREAS, the Subdivider's Agreement has been recommended for
Attorney and Planning & Development Department, and
approval by the Finance Committee subject to review by City
WHEREAS, the Subdivider's Agreement contains a provision for
reimbursement to the developer in the amount of $13,749 for a
water main and laterals to service 7 properties on Woods Road,
and
WHEREAS, this amount shall be paid from the Borrowed Money
Account, and 0
WHEREAS, this cost has been assessed against the benefited
properties per Resolution #24-91.
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 Final Plat for the 41-Lot
Lake Point Estates Subdivision in the SE 1/4 of Section 10,
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.
Letter of Credit, as attached, upon the recommendation of the
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Finance Committee, is hereby approved subject to approval of the
City Attorney and Planning E, Development Department.
BE IT FURTHER RESOLVED that the $13,749 for the water main and
lateral installation referred to in Section I.C.2. of the
Subdivider's Agreement shall be paid from the Borrowed Money
Account.
BE IT FURTHER RESOLVED to add to the Subdivider's Agreement
Seafarer Pass to Bay Lane Road shall be the responsibility of
Section I.C.3.: The cost of installation of storm pipe from
the City.
Resolution #89-91
Page 2
e BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary legal documents in the name of the City.
DATED THIS 23RD DAY APRIL , 1991.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST :
City Clerk
4/91cac
SUBDIVIDER'S AGREEMEKp
This agreement, made: this ZYTk day of Ape1 L
and between Golden Fields Development Corporation, the "Developer, 'I , 1991, by
Wisconsin, located in Waukesha County, hereinafter called the
and the City of Muskego, a municipal corporation of the State of
"City.
WITRESSETH
WHEREAS, Developer has submitted for 'approval by the City a
proposed final plat far Lake Point Estates, 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 of the
City may require that the Developer make and install certain public
may require dedication of public streets, alleys or other ways improvements reaeonably nxessary for the Subdivision and further,
within the Subdivision, to be conditioned upon the construction of eaid 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 ten116
and proviaions of this ag,cement and approved the final plat.
contained, the parties he:ceto agree as follows: NOW, THEREFORE, in consideration of the covenants herein
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
A. Roads and Stzeets: 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 snecifications. "
c ~ ~ ~~ ~ B . SURFACE WATER DRAINAGE:
~~
1. Construct, install, furnish and provide adequate
facilities as approved ksy the City engineer and Public Work3
Committee for storm and surface water drainage throughout the
attached hereto, made a part hereof and marked Exhibit "C".
entire subdivision, in accordance with the plana and specifications
2. The City shall furnish to the Developer such
permits or easements as r:ay be required fn any public street or
property to enter upon a.ad install the above describsd surface water drainage system.
PAGE 2, Subdivider's Agreement
C. WATER:
1. Construct, install, furnish, and provide a
complete System of water supply and distribution, throughout the entire subdivision, as approved by the City Engineer and in accordance with the plan6 and specifications attached hereto a6
Exhibit "D". The cost of the preparation of as-built plans shall be paid by the Developer.
2. As part of Developer' 6 improvement referred to in
this paragraph, it 8.hall cause to be installed a certain water improvement more -particu;Larly described on Exhibit "D"
attached hereto and made a part hereof. That said improvement is
which is
subject to all the terms of this Agreement. That a6 this
impiovement specially benefits other properties and a8 the owners of the properties sgecial.ly benefitted have agreed to be specially
assessed €or a portion of the cost of this improvement, the City agrees that upon being presented with evidence satisfactory to the
City that the Developer has paid for said improvement and that it
per this Agreement, it will reimburse the Developer for that part has been dedicated to the City and approved by the City engineers
of the expense in the amount of $13,749.00
provide a complete sanitary sewage collection system throughout the
entire subdivision, a3.1 in accordance with the plans, specifications and drawings attached hereto as Exhibit "E"
cost of the preparation of as-built plans shall be paid by the
. The
Developer.
0. -WEER_: Construct, install, furnish, and
E. LANDSCAPING:
the construction of Subdi7isions improvements.
1. Preserve existing trees, wherever possible, in
outbuildings, dsstroyedtrees, brush, tree trunks, shrubs and ather
2. Remove and lawfully dispose of all old barns,
similar natural growth, a:ld all rubbish. 3. The Dr!veloper shall plant street trees in
and Resolution 4P.C. 72-74.
accordance with Section 8.13 of the Muskego Land Division Ordinance
F. DRAINAGE OCTLET IMPROVEMENT: Construct, install,
furnish, and provide a drdnage outlet improvement on the Francis
Lamb property in a manner approved by the City Public Works Committee at a cost to the Developer not to exceed $5,000.00
SECl'IQN 11. TIME OF COMPLIETION OF IMPROVEMEIPTS
The improvements set iorth 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 come6 first.
a PAGE 3, Subdivider's Agreement
SECTION 111. DEDICAl'ION:
Subject to all of the other provisions of this agreement, Developer shall, without charge to the City, upon completion of the
above described improveme.nts, unconditionally give, grant, convey
and fully dedicate the reads and fitreeta, storm and surface water drainage facilities, water facilities and sanitary sewer facilities to the City, its SUCC~~SQI:~ and assigns, forever, free and clear of
all encumbrances whatever together with and including, without
limitation because of enumeration, any and all land, buildings,
equipment, appurtenances ,and hereditaments which may in any way be
structures , mains , conduits, pipes lines plant, machinery,
a part of or pertain to such improvements and together with any and
all necessary easements for access thereto.
SECTION IV. INSPECTIONS AND ADMINISTRATION PEES:
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. MXSCELLANSOUS ,REQUIREMENTS:
The DeveloDer shall: - 0 deemed necessary by the City Engineers before the final plat is
A. easements: P,rovide any easements on Developer's land
signed, provided such easements are BO located a6 not to render 'any lot unbuildable or unsalet3ble. B. Street SianE: Reimburse the City for the cost of all
street signs and posts aacl 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.
survey or other monuments required by statute or ordinance.
D. Survev Nonu:-: Properly place and install any
restrictions in the form attached hereto, made a part hereof and
E. Deed Restrictions: Execute and record deed
marked Exhibit "F" .
a copy of Exhibit "A" showing the street grade in front of each
F. Grades: Furnish to the Buildiflg Inspector of the City
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.
G. Street Liahta: Install ~treet lights in accordance
PAGE 4, Subdivider ' 6 Agrement
e Page 4, Subdivider ' 6 Agreement
hedge, or shrub planting .which obstructs sight lines at elevations H. Faht Distanees: Restrict lots so that no fence, wall,
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
points twenty-five (25) teet from the intersection of the street
formed by the street property lines and a line connecting them at
lines, or in the case of a rounded proparty corner, from the intersection of the street property lines extended.
SECTION VI. GUARAUTEES:
Section I against defects due to faulty materials or workmanship The developer shall guarantee all improvements described in
provided that such defects appear within a period of one (1) year
pay for any damages to City property resulting from such faulty from the date of dedication and acceptance. The Developer shall
materials or workmanship. Thia 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 aituation.
SECTION Vfl. 6EmJERAL IIPDEUNITP:
In addition to, and not to the exclusion or prejudice of, any
provisions of this agreement or documents incorporated herein by
reference, Developer shall indemify and save harmless the City,
its officers, agents, and employees, and shall defend tha same from
and against any and all liability, claims, losses, damages, interest actions , suits , judgements, COB~S, expenses, attorney' 8
fees, end thd like to whomsoever owed and by whomsoever and
whenever brought or obtai:led, which may in any manner result from
Developer's negligent construction or operation of improvements or ariee in the course of, out of, or a5 a result of the
covered thereby, or its violation of any law or ordinance, the
infringement by it of .any patent, trademark, trade name or
copyright, and its use of road improvements prior to their formal dedication and acceptance by the City.
gECTION VIII. AGREEMENT FOR BEREFIT OF PURCHASERS:
herein, the provisions of this aGreement shall be for the benefit
The Developer agrees that Ln addition to the City's rights
of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision.
a PAGE 5 , Subdivider ' 6 Agreement
SECTION IS. ACCEBTAlQCE OIP PlORR AND DEDICATIOS:
improvements herein requ.lred, and shall dedicate the same to the As and when the Developer shall have completed the
City as set forth herein, the same shall be accepted by the City if said improvements have been completed a6 required by this agreement
and as required by applicable City ordinances and other applicable law and approved by the City Engineers.
SECTION X. EROSION CONTROL PWO AND PERUIT.:
The Developer shall submit to the City, an application for a
with the requirements of Section 29.06 of the City's Erosion
land disturbing permit and an erosion control plan in accordance
Control Ordinance (Ord. #560).
SECTION XI. CONSTRUCTION PERMITS. ETC...:
adopt such resolutions, and execute such documents a6 may be
1. The City shall, within ita authority, issue such permits,
necessary to permit Developer to construct the improvement6 in accordance with the plans and specifications called for by thia agreement, upon Developer's compliance with any deposit provision6
and the City shall coogerate with the Developer in obtaining
or other requirements of the applicable ordinances or regulations;
similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises.
this agreement, make available to the Developer ar its nominee
2. The City shall, as a condition of the Developer executing
eucceesors or assigns, building permits for the construction of single family residences :subject to the provision of Section XII.
GECTIOIE XII. BUILDINQ AHD OCCUPANCY PERMITS:
twelve (12) model homes. It is expressly understood and agreed
The Developer shall be allowed to construct no more than
that no occupancy permits shall be issued either for the said model
determined that: homes, or any other hcmes until the City's Engineers have
A, The sewer, water facilities and surface water drainage
facilities required to 6erve such homes are connected with an operation system as required herein, and
a
* PAGE 6, Subdivider's Agrr. bement
9. That the City's Engineer6 have approved the condition of the roads then existing to serve such homes as sufficient to
to the date when the r0ad.s must be competed and dedicated. service the traffic reasonably anticipated during the period prior
SECTION XZII. GENERAL CONDITIOblS AND REQULaTIONS:
All the 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 tRi6 agreement as fully as if set forth et
length herein. This 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.
SECTSON XIV. FIRANCIAL WARANTEE:
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
$538,200.00 as a guarantes that the required improvements will be
completed by the Developer and his subcontractors no later than one
(1) year from the date of the recording of the final plat or the
date of the agreement, whichever date comes firet, and as a further guarantee that all obligations tQ the subcontractors for work on 0 the development are satisfied.
s31> 1
-Developer or its assignees shall be bound by the term6 of this agreement or any part herein as it applies to any phase of the development of the subdivision.
agreement to be signed by their appropriate officers and their IN WITNESS HEREOF, Daveloper and City have caused this
seals to be hereunto affixed in duplicate original counterparts on the day and year first written above.
GOLDEN FIELDS JOINT VENTUF!! CITY OF MVSKEGO
By :
Wayne 6. Salentina, Mayor
By :
Jean Marenda, Clerk
8
CBIEDITNO: 300 mom $538,200 .OO