CCR1991264AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #264-91
APPROVAL OF SUBDIVIDER'S AGREEMENT
AND LETTER OF CREDIT
(Lake Ridge Apartments -- Barker Homes)
WHEREAS, a Subdivider's Agreement and Letter of Credit have been
received for Lake Ridge Apartments as attached, 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 Subdivider's Agreement and
Letter of Credit subject to approval of the City Attorney and
City Engineer, and said approvals to be obtained within thirty
(30) days of the date of approval of this Resolution or the same
will be null and void with all amendments offered by the City
Attorney to be reviewed and approved by the Mayor and City Clerk.
BE IT FURTHER RESOLVED that approval of this Resolution is
subject to passage of Ordinance #127.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
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DATED THIS 22ND DAY OF OCTOBER , 1991.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
Resolution #264-92 which was adopted by the Common Council of
the City of Muskego.
10/9lcac
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #264-91
APPROVAL OF SUBDIVIDER'S AGREEMENT
AND LETTER OF CREDIT
(Lake Ridge Apartments -- Barker Homes)
Agreement and Letter of Credit have been
Apartments as attached, and
has recommended approval.
City of Muskego, of the Finance
Committee, does Agreement and
Letter of Credit Attorney and
City Engineer, within thirty
(30) days of or the same
NOW, THEREFORE, BE that the Common Council of the
will be null and void.
BE IT FURTHER
subject to
BE IT FURTHER RESOLVED that the and Clerk are hereby
authorized to sign the necessary in the name of the
\
City.
DATED THIS DAY OF
SPON~RED BY:
This is to certify that this is a t
Resolution #264-92 which was adopte
the City of Muskego.
City Clerk
10/9lcac
DEVELOPERS AGREEMENT
This agreement, made this day of
between Barker Development, Inc., a Wisconsin Corporation,
, 1991 by and
hereinafter called the '*Developer*I, and the City of Muskego, a
Municipal Corporation of the State of Wisconsin, located in
Waukesha County, hereinafter called the I*City*l.
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a
proposed plan for Lake Ridge Apartments, a planned unit
development, a copy of which is attached hereto, made a part hereof
and marked Exhibit **A1*
WHEREAS, the governing body of the City requires that the Developer
(the Planned Unit Development); and
make and install certain public improvements reasonably necessary
for the Development and the construction of said improvements shall
be 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 the Planned Unit Development's
improvements and the Common Council has duly approved and
authorized the terms and provisions of this agreement and approved
the plan of Lake Ridge Apartment Condominiums.
the parties hereto agree as follows:
NOW, THEREFORE, in consideration of the covenants herein contained,
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
A: SURFACE WATER DRAINAGE
approved by the City Engineer and the Public Works Committee for
1. Construct, install, furnish and provide adequate facilities as
storm and surface water drainage throughout the specifications
attached hereto, made a part hereof and marked Exhibit *lBl*.
2. The City shall furnish to the Developer such permits or
easements as may be required in any public street or property to
enter upon and install the above described surface water drainage
system.
rev.10/17/91
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3. Escrow with the City of Muskego, $24,000.00 as developers
percentage as approved by the Finance Committee and Common Council,
for the future construction of a downstream detention pond. Said
escrow shall be used by the City as it deems necessary and shall
become the property of the City. Developer shall have no further
responsibility for cost or construction of said detention pond
(except as stated in 3a).
3a. In the event that the proposed detention pond land becomes
available this developer agrees to award the construction contract
to Enders Construction per the contractors specifications as
submitted. This shall apply only if the construction can be
bid price. In the event the pond is constructed, the City will
substantially completed no later than 12/31/92 and at the quoted
contribute their share per Ruekert & Mielke letter dated June 28,
1991. The 11% share of the landowner will be divided between the
participants according to the appropriate percentages.
B. WATER
1. Construct, install, furnish and provide a complete system of
water supply and distribution, throughout the entire Planned Unit
with the plans and specifications attached hereto as Exhibit "C".
Development, as approved by the City Engineer and in accordance
drafting of an as-built plan of the water system, as constructed
2. Shall re-imburse the City for the cost associated with the
by the Developer.
C. SANITARY SEWER
sewage collection system throughout the entire Planned Unit 1. Construct, instal1,furnish and provide a complete sanitary
Development and in the Parkland Dr. extension South of the
Development, all in accordance with the plans, specifications and
drawings attached hereto as Exhibit "D".
2. Upon installation and testing of the sanitary sewer system, the
Developer hereby agrees to provide the City, without cost, an as-
built plan of the completed sanitary sewer system.
D. LANDSCAPING
1. Preserve existing trees, wherever possible, in the construction
of the Planned Unit Development improvements.
2. Remove and lawfully dispose of all destroyed trees, brush, tree
trunks, shrubs and other similar natural growth and all rubbish.
3. The Developer agrees to install and maintain all landscaping
in accordance with the plans and specifications attached hereto as
Exhibit "E".
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0 unless a letter of verification is issued by the title insurance
4. No occupancy permit shall be issued for individual buildings
company holding the escrow for said building, stating that funds
are in escrow for landscaping said building. Landscaping is to be
completed as soon as weather permits.
E. ROADS AND STREETS
plat of said Planned Unit Development, the extension of Parkland
1. Grade and improve all roads and streets in accordance with the
hereof and marked Exhibit "B", all in accordance with the City's
Dr. and the plans and specifications attached hereto, made a part
street specifications.
event that a third traffic lane or deceleration lane is required
2. Developer agrees to escrow $1500 with the City to be used in the
on the East side of Lannon Dr. to the South of the development.
If, within 18 months of this agreement, the City has not secured
a firm bid and construction date for said deceleration lane, then
the full amount escrowed, plus interest, shall be refunded to
developer. Developers liability as to future costs of any
additional traffic lane(s) are limited to the above amount.
e SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The dedicated improvements set forth in Section I11 shall be
completed by the Developer in total within twelve (12) months of
the date of this agreement. All remaining improvements, as set
forth in Section I above, shall be completed by the Developer in
total within Eighteen (18) months from the date of this agreement,
except that the Developer agrees to install the final road surface
no later than 6 months after the completion of the last condominium
building, weather conditions permitting.
SECTION 111. DEDICATION
Subject to all of the other provisions of this agreement, Developer
shall, without charge to the City, upon Completion of the above
described improvements, unconditionally give, grant, convey and
fully dedicate the public water system, as described in Section I.,
paragraph 9; all sanitary sewer, storm sewer and street
Unit Development as described in Section I above, to the City, its
improvements for Parkland Dr. both North and South of the Planned
whatever, together with and including, without limitation because
successors and assigns, forever, free and clear of all encumbrances
of enumeration, any and all land, buildings, structures, mains,
conduits, pipe lines plant, machinery, equipment, appurtenances and
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hereditaments wkich may in any way be a part of or pertain to such
improvements and together with any and all necessary easements for
access thereto.
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. These fees to include, but not limited to, the payment
of park dedication fees of $400 per unit, for not more than 152
units to be paid upon application for building permits.
SECTION V. MISCELLANEOUS REOUIREMENTS:
The Developer shall:
A. EASEMENTS:
Provide any easements on Developers land deemed necessary by the
City Engineers before the final approval, provided such easements
are so located as not to render any part of the Planned Unit
Development unbuildable or unsalable.
8. BIKE PATH:
The Developer shall, at no expense to the city, provide a ten (10)
on "Exhibit A", to be used for the future construction of a bike
foot wide easement along the entire West property line, as shown
path.
C. STREET SIGNS:
Reimburse the City for the cost of all street signs and posts and
the cost of their installation, this to include all traffic signs.
D. MANNER OF PERFORMANCE:
Cause all construction called for by this agreement to be carried
out and performed in a good and workmanlike manner.
E. SURVEY MONUMENTS:
Properly place and install any survey or other monuments required
by statute or ordinance.
F. GRADES:
Furnish to the Building Inspector of the City a copy of Exhibit "AIm
showing the street grade in the front of each building and the yard
grade of the common areas around each building.
G. STREET LIGHTS:
Install street lights at the Parkland Dr. entrance to the Planned
Unit Development.
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H. SIGHT DISTANCES:
Restrict common areas so that no fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between Two (2)
and Six (6) feet above the roadways shall be placed or permitted
to remain on any corner 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.
I. BYLAWS OF LAKE RIDGE APARTMENTS/CONDOMINIUMS:
Attach as part of this agreement, a copy of the original
known as "Lake Ridge Apartments". That declaration and by-laws are
condominium declarations and By-Laws of the condominium complex
attached hereto and made a part hereof as Exhibit "F". Once said
declaration and by-laws have been accepted by the condominium
association, the association, through due process as outlined in
the bylaws, can amend or change said by-laws without notification
within present municipal law as outlined in the City's ordinances.
or consent by the City, as long as said change or amendment is
Lake Ridge Apartments will include 19 condominium buildings. As
part of the associations responsibilities will be the maintenance
of the private improvements. These improvements shall include, but
are not limited to the following: private roads and driveways,
storm sewer system, sanitary sewer system and landscaping.
J. SEEDING OF DISTURBED AREAS:
Agrees to seed all areas that have been disturbed by construction,
but may not be put into final grade or appearance for more than 6
months. Said seeding will be done by the Developer in a timely
manner so as not to create any adverse affect on the surrounding
area. Any disturbed areas that are not seeded prior to winter will
be seeded no later than June 1st of the following year.
SECTION VI. GUARANTEES:
The Developer shall guarantee the public water system, and all off
site drainage, storm sewer, sewer and roads as described in Section
I. items A, B, C, and E hereof, against defects due to faulty
materials or workmanship provided that such defects appear within
of the improvements. The Developer shall pay for any damages to
a period of one (1) year from the date of dedication and acceptance
This guarantee shall not be a bar to any action the City might have
City property resulting from such faulty materials or workmanship.
for negligent workmanship or materials. Wisconsin law on
negligence shall govern such situation.
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SECTION VII. GENERAL INDEMNITY:
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,
its officers, agents and employees, and shall defend the same from
actions, suits, judgments, costs, expenses, attorney's fees, and
and against any and all liability, claims, loss damages, interest
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 Developers negligent
construction or operation or improvements 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
City.
improvements prior to their formal dedication and acceptance by the
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer agrees that in addition to the City's rights herein,
the provisions of this agreement shall be for the benefit of the
purchaser of any condominium unit or any interest in any
condominium unit in the Planned Unit Development.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the improvements
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
as required by applicable city ordinances and other applicable law
and approved by the city engineers.
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
Ordinance (Ord. #560).
the requirements of Section 29.06 of the City's Erosion Control
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SECTION XI. CONSTRUCTION PERMITS. ETC.:
1. The City shall, within its authority, issue such permits,adopt
to permit Developer to construct the improvements in accordance
such resolutions, and execute such documents as may be necessary
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 Developer in obtaining similar permits,
resolutions and documents as may be necessary from other
authorities having jurisdiction in the premises.
2. The City shall, as condition of the Developer executing this
agreement, make available to the Developer or its nominee,
successors or assigns, building permits for the construction of
condominium units subject to the provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
after the state has approved said building plans and af,ter
1. The Developer shall be allowed to construct any dwelling units
obtaining a local building permit.
the City Engineers have determined the following:
2. No occupancy permit will be issued for any dwelling units until
A. Sewer and surface water drainage facilities, public water
facilities and public roadways are in and approved.
B. The condition of the interior private roadways are
sufficient to service each dwelling unit built.
C. During the asphalt season,no occupancy permit will be
given until the first lift of asphalt is in place. Buildings with
by June 30th. In the event the gravel base roads are in need of
occupancy prior to the asphalt season shall their access asphalted
repair per inspection and written notice of the Highway
Superintendent, developer shall have 48 hours from said written
notice to repair said roads or the City will do repairs and cost
of same be deducted from letter of credit.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances are incorporated herein
by reference, and all such provisions shall bind the parties hereto
herein. This agreement and all work and improvements required
and be a part of this agreement as fully as if set forth at length
with and subject to the provisions of said ordinances.
hereunder shall be performed and carried out in strict accordance
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SECTION XIV. FINANCIAL GUARANTEE:
Prior to 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 $240,000
as a guarantee that the required improvements, as spelled out in
Section I., but only those that require dedication per Section
III., will be completed by the Developer and his subcontractors no
later than twelve (12) months from the date of this agreement, and
work on the development are satisfied.
to further guarantee that all obligations to the subcontractors for
SECTION XV. PARTIES BOUND: AGREEMENT TO RUN WITH THE LAND:
RECORDING OF NOTICE OF DEVELOPERS AGREEMENT: SPECIAL ASSESSMENT
AND/OR S
IMPROVEMENTS.
PECIAL CHARGE POWERS OF THE CITY AS TO CERTAIN
The Developer, its successors, heirs and assigns shall be and are
bound by the terms of this agreement, a short form of which shall
be recorded pursuant to this paragraph and its terms and conditions
on Exhibit "G" which is attached hereto and made a part hereof: if
shall be covenants running with the land which is legally described
the improvements required by this agreement including, but not
streets and other similar improvements are not made by the owners
limited to, surface water drainage, sanitary sewer, roads and
of this property as required by the Developers Agreement and/or are
not maintained in a reasonable manner, the City may specially
assess and/or specially charge all of the owners of the property
described on Exhibit I'G" the cost of making and/or maintaining said
improvements and the City, its agents, employees and/or contractors
are granted and shall have the right to enter on the lands
described in Exhibit llGgl so as to make and/or maintain said
deed restriction.
improvements. This entire agreement shall run with the land as a
DEVELOPER:
Barker Development, Inc.
Daniel C. Barker, President
Susan T. Barker, Secretary
This instrument drafted by:
Robert W. Klenz
CITY OF MUSKEGO:
Wayne G. Salentine, Mayor
______~ ~ ~ Jean K. Marenda, Clerk
LIST OF EXHIBITS
EXHIBIT A PLAT FOR LAKE RIDGE APARTMENTS, A PLANNED UNIT DEVEL.
EXHIBIT B SURFACE WATER DRAINAGE, GRADING, ROADS AND STREETS.
EXHIBIT C WATER SYSTEM
EXHIBIT D SANITARY SEWER SYSTEM
EXHIBIT E LANDSCAPING
EXHIBIT F DECLARATION AND BY-LAWS OF LAKE RIDGE APARTMENTS
EXHIBIT G LEGAL DESCRIPTION
9
tzm5mnm IllHtVUCAULt LTANUUY LLl lLll UI. LliLUll
State Bank Hrles Corners
1.0708 W. Janrsville Roed
HPles Comers, IJisronsin 53130
'U4ML AN0 rDDRESS OFISSUING B6NK.I
AMOUNT $240,000.00 NO.
TO Muskego, Wisronsin 53150
City o€ Muskego
DATE
I WE HEREBY AUTHORIZE you TO DRAW ON us FOR THE Acciu~t OF
UP TO AN AGGREGATE AMOUNT OF
AVAILABLE BY YOUR DRAFTIS) AT SIGHT TO BE ACCOMPANIED ay
$240,000.00
We hereby issue this Irrevocable Standby Letter OF Credit in your Favor (the beneficiary's)
which is available by beneficiary's draft(a) at sight drawn on State Bank Hales Corners,
Hales Corners, Wisconsin. Each draft and accomanying documents must state "Drawn under
State Bank Hales Corners, Hales Corners, Wi, Letter of Credit No.
This Standby Letter of Credit is to orovide security to the City of Muskego for the
oerformance of Barker Development Inc., Develoner of Lake Ridge Anartment Condominiums
obligations to comnlete all iwrovements renuired by Subdividers Agreement between Barker
Develmment Inc., Develoner of Lake Ridge ADartment Condominiums and the City of Muskego,
Drooerty reference currently being Tax Key No. KKC s a€ts are to be accowanied by a statement by the Mayor of the City of Muskego stating
.ker Development Inc., DeveloDer of Lake Ridge Aoartment Condominiums, has failed to
lete the construction of all improvements in accordance with said agreement. Said
statement shall bet forth the eatimated amount necessary for the City of Muskego to
c.mnlrte such imrovements.
SDecial Conditions: See Reverse Side
SPECIAL INSTRUCTIONS:
ALL BANKING CHARGES OTHER THAN ISSUING BANKS ARE FOR BENEFICIARY'S ACCOUNT.
PARTIAL DRAWINGS PERMIITED 0 NOT PERMIITEO.
ALL DRAFTS MUST BE MARKED "DRAWN UNDER LmER OF CREDIT OF <rmtwl . rnmprq INAWE DI ISSUING BANKl
NO. DATE0 . 19-."
I CHAMBER OF COMMERCE BROCHURE NO. 400. WE AGREE WITH YOU TO PAY DRAFIISI ORAWN UNDER AND IN COMPLIANCE WITH THE TERMS
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11983 REVISIONI. INTERNATIONAL
OF THIS CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS LmER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON
. 19". State Bank Hales Corners
IIA\uIO1 mu.--
BY
AUIMORULD IlGNAlURI
StKk No. 11244 " "
It is hereby agreed by all narties hereto that the reference to "Agreement" is for
identification oumobes only and such reference shall not be conbtmed in any manner
to require State Bank Haler Corners, Haleb CJrners, WI; to inauire into its tern
and obligatiunb.
Th,= total amount af the Irrevucabla Standby Letter or Credit &hall be reduced a- ner
the City of Nu-kegu'. insaection and aooruval of nayment as work is cdumleted.
We hereby agree dth you that draftr drawn under arid in cowliance with the terms of
thi. Irr~=vocabl~= Standby Letter of Credit No,
to Lhe above mentioned drawee bank on or befbrc
will be duly hmirred if ore-ented
Thib Standby Letter vf Credit will terminate on the day of
however, State Bank Hales Camera, Hale. Grner~, AI, shall give written notice to
the beneticiaiy of itd intention to terminate this Standby Letter of Credit at least
ninety (90) days nrior tu ,and
of Credit can only termindte upon ninety \90) irrirtm notice to the'beneficiary.
day of After said date,., this Letter
, nrovided
I
.