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CCR1991267AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #267-91 APPROVAL OF CERTIFIED SURVEY MAP Ladwig Court -- Oschmann SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT WHEREAS, a Certified Survey Map was submitted on June 10, 1991 and revised on August 19, 1991 to finalize a 4-parcel division of the Audrey Oschmann property on Ladwig Court in the NE 1/4 of Section 15; and WHEREAS, the Plan Commission has recommended approval; and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Ladwig Court, 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 Certified Survey Map to finalize a Court in the NE 1/4 of Section 15 subject to receipt of all fees 4-parcel division of the Audrey Oschmann property on Ladwig required by Section 10 of the Land Division Ordinance and approval of the City Engineer. BE IT FURTHER RESOLVED that the amended Subdivider's Agreement and Letter of Credit for Ladwig Court, as attached, is hereby approved subject to approval of the City Attorney and City Engineer, and subject to approval of the Letter of 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: Ald. David J. Sanders This is to certify that this is a true and accurate copy of Resolution #267-91 which was adopted by the Common Council of the City of Muskego. 10/9lcac COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #267-91 APPROVAL OF CERTIFIED SURVEY MAP SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Ladwig Court -- Oschmann WHEREAS, a Certified Survey Map was submitted on June 10, 1991 division in the NE of Credit have and the Finance Council of the of the Plan Commission, Map to finalize a property on Ladwig to receipt of all fees Ordinance and BE IT FURTHER RESOLVED t s Agreement and Letter of Credit for Lad hed, is hereby approved subject to appr torney and City Engineer, and subject to tter of Credit by the City Attorney, all of sa obtained within thirty (30) days of the this Resolution or the same will be null and void. BE IT FURTHER RESOLVED t lerk are hereby authorized to sign the in the name of the City. DATED THIS I SPONSORE~ BY 7. This is to certify Resolution #267-91 the City of Muskego. City Clerk 10/9lcac t SUBDIVIDER'S AGREEMENT This agreement, made this and between Audrey Oschmann, the "Developer," and the City of day of , 1991, by Muskego, a municipal corporation 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 Certified Survey Map for'Ladwig Court, a residential development, 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 body of the City may require that the Developer make and install that as a condition of Certified Survey Map-approval, the governing 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 Developer's plans and specifications for subdivision improvement WHEREAS, the City's Engineers have duly approved the 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. RevisedlO/l7/91 PAGE 2, Subdivider's Agreement C. SANITARY SEWER: 1. Construct, install, furnish, and provide a complete sanitary sewage collection system throughout the entire drawings attached hereto as Exhibit "D". subdivision, all in accordance with the plans, specifications and The cost of the preparation of as-built plans shall be paid by the Developer. of the City Engineers any remaining punch list items as to sewer 2. Subdivider shall complete, to the satisfaction within 30 days after connection of the first residence to the Sanitary Sewer system. D. LANDSCAPING: the construction of Subdivisions -improvements. 1. Preserve existing trees, wherever possible, in outbuildings, destroyed trees, brush, treetrunks, shrubs and other 2. Remove and lawfully dispose of all old barns, similar natural growth, and allrubbish. 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. EROSION CONTROL PLAN AND PERMIT: 1. The DevelODer shall submit to the Citv. an application for a land distu;bing permit and an erosion control 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 "E" prior to the start of construction. 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 Certified Survey Map, whichever date comes first unless the City directs otherwise. 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 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 limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines plant, machinery, 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. PAGE 3, Subdivider's Agreement 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: 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 Siqns: Reimburse the City for the cost of all street signs and posts and the cost of their installation, this to 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. D. Survev 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 F. Grades: Furnish to the Building Inspector of the City a copy of Exhibit "G" 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. 0 marked Exhibit "F". SECTION VI. GUARANTEES: 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 from the date of dedication and acceptance. The Developer shall materials or workmanship. This guarantee shall not be a bar to any pay for any damages to City property resulting from such faulty Wisconsin law on negligence shall govern such situation. action the City might have for negligent workmanship or materials. a Page 4, Subdivider's Agreement SECTION VII. GENERALISDEMNITY: 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, fees, and the like to whomsoever owed and by whomsoever and interest actions, suits, judgements, costs, expenses, attorney's whenever brought or obtained, which may in any manner result from Developer's negligent construction or operation of improvements or arise in the course of, out of, or as 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 dedication and acceptance by the City. copyright, and its use of road improvements prior to their formal SECTION VIII. AGREEMENTTOR-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 or parcel of land in the Certified Survey Map. SECTION IX. ACCEPTJWCE 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...: 1. The City shall, within its authority, issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit Developer to construct the improvements in accordance with the plans and specifications called for by this or other requirements of the applicable ordinances or regulations; agreement, upon Developer's compliance with any deposit provisions 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 necessary from 0 PAGE 5, Subdivider's Agreement 2. The City shall, as a condi .tion of the Deve this agreement; make available to the Developer or its nominee loper executing 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 occupancy permits shall be issued either for the said model homes, (2) model homes. It is expressly understood and agreed that no or any other homes until the City's Engineers have determined that: required to serve such homes are connected with an operation system A. The sewer and surface water drainage facilities as required herein, .and of the first lift of aspahlt has been installed. B. The Building Inspector verifies that the installation 0 SECTION XII. 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 XIII. 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 $ 118,820.00 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 Certified Survey Map 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. PAGE 6, Subdivider's Agreement SECTION XIV. PARTIESBOUND: 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. 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. Audrey Oschmann CITY OF MUSKEG0 By : Wayne G. Salentine, Mayor By : Jean Marenda, Clerk .. . .. 6794106 P.02 '\ 'I a I AMOUH~.., $118,820.00 No. TO City of Xuskego Huskego, Winconsin 53150 I " DATE I. M HEREBY AUTMORKE YOU 70 ORAW ON US FOR THK ACZWNT OF c.. UPfOANAGOREGA~AMOUNTO~ $118,820.00 AVAIUBU YOUR DR*FI(Sl AT StWT TO Be ACCOMPANIEO BY --We hereby insue this Xrrevoceble Stendb:r Letter of Credit in your favor (the benefiriwy's) vhich le sveilsble by bmeficiory'e dre:lt(s) et light dram on Stste Bank H~lss Comers, ,, Stete Bank Helee Cornera. Helrs Corners, VI, Letter of Credit No. HBlsE Corners, Uisconlin. Each draft md atcorn-nnying document* met 8tPte "Lbqm under .I c .. . L. ,. .. Thio Stendby Letter of Credit is to nro-ride seeutity to the City of Makeso for the . ..-, nerfomenco o~d~.ey-t&-Oechmenn obligations to cornlet@ 61% fmrovoments remired by Subdividers Agreament between AudreyH. Osrhmpnn end the City of Muakego, nmertp referenre currently being TPX Key No; MSKC 1 I. :* y M. oschmtrnn hrr failed to connlete the construction of al.1 imrovemente in acrordsnre 8 sre to be ereomsnied by P ststerent by the MPyor of the City of Muskego stating City of Wakego to comlete such innrovements. wit said rpeement. Sclid atetcment shpll set forth the estimeted mount neccssory for the s-ccisl Conditione: See Reverse Side , SPECIAL INSTRUCTlONS: ALL BANKING CMARQES OTHER TMAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACcOVm. PARTUL ORAWGS PERMllTEO u NOT PLRMIlTEO. NO. DATf 0 I -. la-. THIS CREDIT IS SUBJECT TO THE UNIFORM CVSTOMS ALW PRACTICE F0n DOCUMENTARY CREDITS 11903 REWSIONI. INTBRNATIONAL OF TMlS CREDIT IF PRESENTED AT THIS OFFICE TOG!niER YllTW THIS LEl7ER Of CREDIT ON OR BEFORE THE CLOSE Of OUfl BUSY(EW ON CHAMBER OF COMMERCE BROCHURE NO, 400. WE AGREE WITH YOU TO PAY ORAETISI DRAWN UNDER AH0 IN COMPLIANCE WITH THE TERMS . IS-. I Slofk No. 11244 6794106 P.03 . - . . . . . .a he& agreed by 011 narties hereto tirot-the,-rcfsrcncc to "Agreement" .is for tifieation oumo*es only and such reference shall not bc conatrued in onY manner e State Bank &le. Corners, Naler* CJ?m.r4, 'VI; to j+quire into it8 terms .. .. - .~ - .' total amount of the Irrcvucabls Standby Letter or Credit shell bc reduccd ad ner City of Mu-kego'r insoection and anvruval of nayment OY work in cowleted. hereby rgree with you that draft* drawn under slid in comolisnce vith the to~o'of 'he above mentioned dravee bonk on or befws Irrevocable Stendby Letter of Credit No. will be duly honored if oreamted' .." . . - .; .I '. Standby Letter uf Credit vi11 tennir.ute on thc day of . . .. 0 L >-. , nrovided vec. Stdte Benk Hstes Corners, Hole.. C-..tnera, %I, shall give written notice to beneficiary of itd intention tu termj.nstr this Standby Letter of Credit 8t Icest . tp (90) day* nrior to bund day 6Jf After seid date,.,,thig Letter redit con only termlnste upon ninety \YO) writrun notice t.0. th&"bFneficiary. -. . .'. . I.' I .. I. Ruekert Mielke September 23, 1991 Mr. Gene Kovacs, Director City of Muskego W182 S8200 Racine Avenue P.O. Box 903 Muskego, WI 53150 RE .Audrey Court DearGene: . ~ ." .. are submitted below: Upon review of the costs to establish the letter of credit, the following costs 1. Sanitary and Storm Sewer $65,056.80 2. Road construction, paving and curb and gutter 3. Lnspection costs and preparation of asbuilt drawings Sub Total $42,763.50 $8.000.00 $1 15,820.00 but it excludes the landscaping and the lighting for this development. The above cost total represents the majority of the letter of credit amount, Very truly yours, RUEKERT & MIELKE, INC. FRjr:psh . ._ ..