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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 0 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 1 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". 2 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 3 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. 4 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. 5 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 6 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 7 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 .