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CCR1991265AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #265-91 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Lake Point Estates West WHEREAS, a Final Plat was submitted on June 25, 1991 for the Section 10, and 28-lot Lake Point Estates West Subdivision in the SW 1/4 of WHEREAS, the Preliminary Plat was approved in Resolution #132-91, and WHEREAS, the Plan Commission has recommended approval, and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Lake Point Estates West, as attached, and 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 Plan Commission, does hereby approve the Final Plat for the Lake Point Estates West Subdivision, subject to approval of the City Engineer and provided in Section 10 of the Land Division Ordinance. all objecting and approving agencies, and receipt of all fees as BE IT FURTHER RESOLVED that the amended Subdivider's Agreement and Letter of Credit for Lake Point Estates West, as attached, City Engineer, and subject to the approval of the Letter of is hereby approved subject to approval of the City Attorney and Credit by the City Attorney, all of 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. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby City. authorized to sign the necessary documents in the name of the 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 certi fv that th Resolution #265-9? which was adopted by the Common Council of the City of Muskego. ,is is a true and accurate copy of 10/9lcac COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #265-91 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Lake Point Estates West , a Final Plat was submitted on June 25, 1991 for the t Estates West Subdivision in the SW 1/4 of Preliminary Plat was approved n Commission has been received Finance of the Plan Commission, Lake Point Estates City Engineer and of all fees as City. DATED THIS YAY OF , 1991. I This is to certify that this is a true and Resolution #265-91 which was adopted by the the City of Muskego. 0 10/9lcac - City Clerk SUBDIVIDER'S AGREEMENT , and between Kaerek Builders, Inc., the "Developer, and the City of This agreement, made this day of , 1991, by Muskego, a municipal corporation of the State of Wisconsin, .located in Waukesha County, hereinafter called the "City." WITNESSETH proposed final plat for Lake Point Estates West, a -residential WHEREAS, Developer has submitted for approval by the City a 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 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 improvements reasonably necessary for the Subdivision.and 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: SECTION I. IMPROVEMENTS: The Developer, entirely at its expense, shall: A. Roads and Streets: 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 specifications. B. SURFACE WATER DRAINAGE: 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 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. Revised 10/17/91 PAGE 2, Subdivider's Agreement c. WATER: 1. Construct, install, furnish, and provide a complete system of water supply and distribution, throughout the accordance with the plans and specifications attached hereto as entire subdivision, as approved by the City Engineer and in Exhibit "D". The cost of the preparation of as-built plans shall be paid by the Developer. 2. Subdivider shall complete, to the satisfaction of the City Engineers, any remaining punch list items as to water within 30 days after connection of the first residence to the water systems. D. SANITARY SEWER: complete sanitary sewage collection system throughout the entire drawings attached hereto as Exhibit "E". subdivision, all in accordance with the plans, specifications and The cost of the preparation of as-built plans shall be paid by the Developer. 2. Subdivider shall complete, to the satisfaction of the City Engineers any remaining punch list items as to sewer within 30 days after connection of the first residence to the Sanitary Sewer system. 1. Construct, install, furnish, and provide a E. LANDSCAPING: the construction of Subdivisions improvements. 1. Preserve existing trees, wherever possible, in outbuildings, destroyedtrees, brush, treetrunks, shrubs and other 2. Remove and lawfully dispose of all old barns, 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. F. BIKE PATH North line of Bridgeport Way. The path shall be eight (8) feet 1. An asphalt bike path shall be installed along the wide and shall be located five (5) feet off the curb line and will be constructed by the Developer at a cost of $4,150.00. This cost is to be paid from the park dedication fee account. lots 26, 27, and 28 until the bike path has been installed. 2. There shall .be no occupancy permits issued for G. EROSION CONTROL~PLAN AND PERMIT: 1. The DeveloDer shall submit to the Citv. an application for a land distu;bing permit and an erosion cGntrol plan in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance (Ord. #560). 2. Subdivider shall install the erosion control devices as specified in . Exhibit "F" prior to the start of construction. 3. The detention pond is to be seeded within fifteen seeding. (15) days after notice by the City of conditions favorable for PAGE 3, Subdivider's Agreement -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 unless the City directs otherwise. 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 and fully dedicate the roads and streets, storm and surface water drainage facilities, water facilities and sanitary sewer facilities to the City, its successors and assigns, forever, free and clear of all encumbrances whatever together with and including, without structures, mains, conduits, pipes lines plant, machinery, limitation because of enumeration, any and .all land, buildings, a part of or pertain to such improvements and together with any and equipment, appurtenances and hereditament which may in any way be 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. SECTION V. MISCELLANEOUS REQUIREMENTS: The Developer shall: deemed necessary by the City Engineers before the final plat is A. Easements: Provide any easements on Developer's land signed, provided such easements are so located as not to render any lot unbuildable or unsaleable. street signs and posts and the cost of their installation, this to B. Street Siqns: Reimburse the City for the cost of all include all traffic signs. for by this agreement to be carried out and performed in a good and C. Manner of-Performance: Cause all construction called workmanlike manner. survey or other monuments required by statute or ordinance. D. Survey Monuments: Properly place and install any Page 4, Subdivider's Agreement E. Deed Restrictions: Execute and record deed marked Exhibit "G" . restrictions in the form attached hereto, made a part hereof and F. Grades: Furnish to the Building Inspector of the City a copy of Exhibit "H" the site grading plan showing the street grade in front of each lot, the yard grade and the grade of all four corners of each lot. G. Street Liahts: .Install street lights in accordance with Section 8.11 of the City's-Land Division Ordinance. H. Siaht Distances: .Restrict lots so that no fence, wall, between Two (2) and Six (6) .feet above the roadways shall be placed hedge, or shrub planting which obstructs sight lines at elevations or permitted to remain on any corner lot within the triangular area points twenty-five (25) feet -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 property corner, from the intersection of the street property lines extended. 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 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. 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 and against any and all liability, claims, losses, damages, interest actions, suits, judgements, costs, expenses, attorney's whenever brought or obtained, which may in any manner result from fees, and the like to whomsoever owed and by whomsoever and 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 dedication and acceptance by the City. copyright, and its use of road improvements prior to their formal SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS: The Developer agrees that in addition to the City's rights of the purchaser of any lot or any interest in any lot or parcel of herein, the provisions of this agreement shall be for the benefit land in the Subdivision. PAGE 5, Subdivider's Agreement 0 0 0 SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: improvements herein required, 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 as required by this agreement and as required by applicable City ordinances and other applicable law and approved by the City Engineers. SECTION X. CONSTRUCTION PERMITS, ETC...: adopt such resolutions, and execute such documents as -may be 1. The City shall, within its authority, issue such permits, necessary to permit Developer to construct the improvements in 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 other authorities having jurisdiction in the premises. similar permits, resolutions and documents as may be necessaryyrom 2. The City shall, as a condition of the Developer 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 provision of Section XII. SECTION XI. BUILDING AND OCCUPANCY PERMITS: The Developer shall be allowed to construct no more than two (2) model homes. It is expressly understood and agreed that no occupancy permits shall be issued either for the said model homes, or any other homes until the City's Engineers have determined that: facilities required to serve such homes are connected with an A. The sewer, water facilities and surface water drainage operation system as required herein, and of the first lift of asphalt has been installed. 8. The Building Inspector verifies that the installation PAGE 6, Subdivider's Agreement SECTION XII. 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 and be a part of this agreement as fully as if set forth at 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. SECTION XIII. FINANCIAL GUARANTEE: Developer shall file with the City a letter of credit setting forth Prior to the execution of this contract by the City, the terms and conditions approved by the City Attorney in the amount of $ 376,000.00 as a guarantee 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 first unless an earlier date is provided for by this agreement, and as a further guarantee that all obligations to the subcontractors for work on the development are satisfied. SECTION XIV. PARTIES BOUND: Developer or its assignees shall be bound by the terms of this agreement or any part herein as it applies to any phase of the development of the subdivision. IN WITNESS HEREOF, Developer and City have caused this agreement to be signed by their appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the day and year first written above. KAEREK BUILDERS, INC. CITY OF MUSKEGO By : Wayne G. Salentine, Mayor By : Jean Marenda, Clerk IRREVOCABLE STANDBY DOCUMENTARY CREDIT CRElNT NO: 3U AMOUNT: $376,000.00 DA"J2-September 9,1991 AI'PLICANT: Knerek Builders, lnc -BFENEEXCL4RE Clty of Muskego 2719 Soutb 60th Street Milwaukee, M 53219 wl82 S8200 Racine Avenue Mmskcga, WI 531501 i7L.f- pc- 9"+ EXPIRY DATE: -€992" Dear Sirs: which is available by beneficiary's dxaft(s) at sight drawn on First Bonking Center. Wt hC'!neb issue this hvodtlc documentary credit in your favor (the Cit), ttf Mushgo) -5trriington. Each draft accompanying documents must state "Dram Under First Bs&ng Center-Burlington's 1)ocumentay Credit Nu. 313". l%ir Stsodby Credit is tu pmvide recurily tu the City of Muskego for tht prformane of IhCeertk Builders, Inc's obligrltiuns under that certain Agreement dated September 9, 1991 between the CIQ of Muskego and applicnnt B&WS.ARE TO BE ACCOMPANI- A -terncat slgned ky the Mafor of the City of Muskego slating that Kmcrek Buildera, lac has failed to complete the construction of Lake hint Estates Subdivision - West In srmnrdancc with said Agreement Said statement shall set forth the estimated amount ncmwarp for the City of Musksago to complete such improvements. S4'W:ML CONDITIUNSt Elis standby credit will tennillate on the 9th day of September, 1992 provided, however, First Banklng Centfr-Eurlia~;ton shd give written notlce to the bencficiory of its intentho to terminate this srrndby credit at least 90 days prior to said 9th dny of Scpt~cmbE1; 1992. After srrld date, this letter of credit can mly terminnte upon 90 days witten aotia to the heneUciaq:v. II is hereby agreed by all parties hemto that the reference (0 "Agmmcnt" is for ideatificatlan purposes only and such reference shall not be amstrued in my manner tu rqrirr First Baaking Centcr-Burlington, to inquire Into its terms and obligations. WE encourage 4th you that dmft(s) drawn under and In cornplinncc with the terms of . this crtdit will k duly honoraj if presented on or bcrore the expiry date. This original endomment of any papmots ctrected by us and/or for cancellation. Stantiby Credit must ke submitted to us together with any drawings hereunder for our Sincerely. First BnnMng Center-Burlington i/ rr-rc LL~IJLC 1 - Post-It-brand fax transmittal memo 7671 *olpoo- / 7. * Flom ICO. JI1.9 - c ./Lk September 4, 1991 Mr. Gene Kovacs, Director City of Muskego W182 S8200 Racine Avenue P.O. Box 903 Muskego, WI 53150 RE: Lake Point Estates Subdivision - West Dear Gene: Upon review of the bid costs to establish the letter of credit for the above subdivision, we determine the amount of the letter of credit as follows: 1. Sanitary, Storm sewer and watermain costs $194,500.00 2. Site grading $12,000.00 3. Fine grading, 8" stone base, curb and gutter 5-1/2" asphalt pavement and tack $125,000.00 4. Parkland Drive construction for 1/2 of 500 L.F. $16,000.00 5. Inspection and asbuilt preparation cost $24,000.00 6. Signs and Street Lights TOTAL $4.500.00 $376,000.00 subdivision is $376,000.00 The total recommended amount for the letter of credit for the above Vey tru!y yours, RUEKERT & MIELKE, INC. FRjr:psh cc: Michael Kaerek