CCR1991271AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #271-91
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Lake Forest Addn. #1
WHEREAS, a Final Plat was submitted on August 2, 1991 for the
86-lot Lake Forest Addn. #1 Subdivision in the SE 1/4 of Section
8 and the SW 1/4 of Section 8, and
WHEREAS, the Preliminary Plat was approved in Resolution
#140-90, and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lake Forest Addn. #1, 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 86-lot Lake Forest
Addn. #1 Subdivision in the SE 1/4 of Section 8 and the SW 1/4
of Section 8, 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.
BE IT FURTHER RESOLVED that the amended Subdivider's Agreement
and Letter of Credit for Lake Forest Addn. #1, as attached, is
hereby approved subject to approval of the City Attorney and
City Engineer, and subject to the 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 approval of this Resolution is
subject to passage of Ordinance #126.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City.
DATED THIS 22ND DAY OF OCTOBER , 1991.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
0 Resolution #271-91 which was adopted by the Common Council of
This is to certify that this is a true and accurate copy of
the City of Muskego.
10/9lcac . w
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #271-91
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Lake Forest Addn. #1
/
WHEREAS, the
been received
Finance Commit
Letter of Credit for Lake t/SAddn. #l, as attached, is
hereby approved subject to
1 and void.
City.
DATED THIS
/
This is to certify that this is a true and accurate copy of
Resolution #271-91 which was adopted by the Common Council of
the City of Muskego.
\
10/9lcac City Clerk
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EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
A
B
C
D
E
F
G
H
I
LIST OF EXHDFl'S
BOUNDARY DESCRI€'TION
GRADING PLAN
STORM SEWER PLAN
WATER PLANS
SAN!TARY SEWER
EROSION CONTROL PUN
DEED RESTRICTIONS
SUMP PUMP DRAINS & CLEANOUTS
DECLARATIONS OF RESTRICTIONS
LAKE FOREST
SUBDIVIDER'S AGREEMENT
THIS AGREEMENT made this day of 19 , by and between Lake Forest ResidentidDevelopment Limited
Partnership, by Lake Forest Residential Inc., Ita General Partner, called "SUBDIVIDER", and the CITY OF MUSKEGO,
a municipal corporation of the State of Wisconsh located in Waukesha County, hereinafter called theXlTY".
WITNESSETH
WHEREAS, SUBDIVIDER has submitted for approval by the City a proposed fd plat for 86 lots known as LAKE
FOREST, ADD'N NO.l, the boundary description of which is attached hereto as Exhibit A; the original of which will
be recorded with the Register of Deeds for Waukesha County and a copy of which is on fde in the Offi of the City Clerk,
for which a fd plat was approved by the City, on;
WHEREAS, Section 236.13 of the Wwonsin Statutes provides that as a condition of plat approval, the governing body
of municipality with which the subdivision lies may require that the SUBDIVIDER make and install any public
improvements reasonably necessary therefor or that they execute a Letter of Credit to insure that they will make those
improvements within twelve months, further, that the acceptance of dedication of any such public improvements shall be
conditioned upon the constriction of said improvements according to municipal specifications without mt to the
municipality and;
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"€EREAS, the City's Board of Public Works, Sanitary Sewer Board and Water Utility Board have duly approved
contingent on certain other approvals SUBDIVlDER'Splans and specifications for the subdivision improvements, and the
CITY'S Plan Commission and Common Council have duly approved the fd plat of LAKE FOREST ADD'N NO. l.,
contingent upon the execution and performance of this Agreement by the SUBDIVIDER
NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree 88 follows:
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SUBDIVIDER'S AGREEMENT
SECTION I. IMPROVEMENT8
SUBDIVIDER, entirely at its expense shall:
A.
B.
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C.
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Roads and Streets
1. Grade and improve all roads and streets in JAKE FOREST ADD'NNO. 1, in accordance with the plat
of subdivision and the plans and specifications attached hereto, and made a part hereof and marked Exhibit "B",
all in accordance with city street specifications.
Surface Water Drainape:
1.
2.
3.
SUBDIVIDER shall construct, install, furnish and provide facilities as approved by the City Engineer and
Public Works Committee for storm and surface drainage throughout the entire Subdivision, and a Master
Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance with
the plans and specifications attached hereto and made a part hereof and marked Exhibit "C".
The CITY shall furnish to the SUBDIVIDER such permits or easemenu as may be required in any public
street of public property to enter upon and install the above described surface water drainage system
therein
SUBDIVIDER shall construct, install, furnish and provide a concrete silt trap as approved by the City
Engineer and Public Works Committee in the easement area between Little Muskego Lake and Lions Park
Drive. Said system shall be installed and operating within 60 days from the signing of this Agreement.
1. SUBDIVIDER shall construct, install, furnish, and provide a complete system of water supply and
distribution, throughout the entire Subdivision, as approved by the City Engineer in accordance with the
plans and specifications attached hereto as Exhibit "D". The cost of the preparation of as-built plans shall
be paid by the SUBDIVIDER.
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D.
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E.
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2. The CITY shall furnish the SUBDIVIDER such permits or easements as may be required in any public
street or public property to enter upon and install the above described water system therein.
3. Any water used from hydranta shall be metered and a permit taken out through the CITY OF
"USEZEGO.
4. Subdivider shall complete, to the satisfaction of the City Engineers, any remaining punch list item
concerning the water system, within SO daya after connection of the first residence to the water gstems.
Sanitmv Sewer:
1. ,SUBDIVIDER shall construct, install furnish, and provide a complete sanitary sewage collection system
throughout the entire Subdivision, all in accordance with the plans, specifications and drawings attached
hereto as Exhibit "E" The cost of the preparation of as-built plans shall be paid by the SUBDIVIDER
2. The CITY shall furnish the SUBDIVIDER such permits or easements as may be required in any public
streets or public property to enter upon and install the above described sewage system therein
3. Subdivider shall complete, to the satisfaction of the City Engineers, any remaining punch list item
concerning the Sanitary Sewer System within 30 days after connection to the rvst residence of the sanitarJl
sewer system.
kdscaDing
1. Preserve existing trees outside of the public right-of-way wherever practical, when installing the
Subdivision improvements.
2. Remove and lawfully dispose of: (a) all old barns and out buildings; (b) destroyed trees, brush, tree trunks,
shrubs and other natural growth; (c) 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.
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F. Erosion Control Measures:
1. SUBDIVIDER shall constnrct, install, furnish and provide a complete mystem of Erosion Control Devices
in specified areas of the Subdivision, as approved by the City Engineerand in accordance with the plans
and specifications attached hereto aa Exhibii "F".
2. Install silt fencing in conformance witb the approved plans prior to or in conjunction with the grading and
construction work Such fences shall bemaintained by the SUBDIVIDER until such time as turf cover
is established in the Subdivision.
3. Mulching and seeding of all terraced areaa. .Detention pnds, the park and all lots to be completed by May
15, 1992.
SECTION II. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be completed by June 15, 1992, except if an earlier
date is provided for in the Agreement.
SECTION m. DEDICATION 0
Subject to all of the other provisions of this Agreement, SUBDIVIDER shall without charge to the CITY. upon
completion of the above described improvements, unconditionally give, grant, convey, and fully dedicate the roads and
streets, sanitary sewers, watermains, storm and surface water drainage facilities to the CITY, ita successors and as~ipns,
forever, t.ee and clear of all encumbrances whatever together with and including, without limitations because Of
enumeration, any and all land, buildings, structures, mains, conduit$ pipe line plant, machinery, equipment, appurtenances
and hereditament which may in any way be part of or pertain to such improvements and together with any and all
necessary easements for access thereto.
SECTION N. INSPECTIONS AND ADMINISTRATION FEES
SUBDIVIDER shall pay and reimburse the CITY in advance of the signing of the Agreement, in accordance with
Section 10 of the CITY'SLanl Division Ordinance and at the times specified therein, all fees, expenses and disbursements
which shall be incurred by the CITY prior to and foUowiug the date hereof in connection with or relative to the
construction, installation, dedication and acceptance of the improvements covered by Section I, including without limitation
be reason of enumeration, design, engineering preparing, checking and review of designs, plans and specifications;
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supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and
ordinances; legal, administretive and fiscal work undertaken to assure and implement such compliance.
SECTION V. MISCELLANEOUS REQUIREMENTS
A
B.
C.
D.
0 E.
F.
G.
H.
I.
J.
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The SUBDIVIDER shall:
Easements Provide any easements on SUBDIVIDER'S land deemed necessary by the City Engineer
prior to the Final Plat being signed, provided such easements are along lot lines and are not anymore restrictive
to the building of homes beyond the applicable sideyard and offset distances required by the zoning for such lob.
Street Siw: Reimburse the CITY for the cost of all street signs, traffic sip and posts, including the
cost of their installations.
Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
Survev Monuments: Properly place and install any lot, block or other monuments required by State Statute
or City Ordinance.
Deed Restrictions: Execute and record deed restrictions for Lake Forest in the form attached hereto,
made a part hereof and marked Exhibit"G".
Grades: Furnish to the Building Inspector of the CITY a copy of Exhibit "B" showing the street grades in front
of each lot, the lot comer grades of the buildings on adjoining lots, as existing and as proposed.
Sieht Distances: Restricts lots so that no fence, waU, hedge, shrub, or planting which obstructs sight lines
at elevations between Two (2) and Six (6) feet above the roadway shall be placed or permitted to remain 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 comer, from the intersection of the
street property lines extended.
SumD Pum~ Connections: The SUBDIVIDER shall furnish to the Plumbing Inspector of the CITY a copy
of storm drains and clean out locations in the form attached hereto and made part hereto and marked Exhibit W
showing the locations of connections whereby sump pump drains can be connected from each dwelling to the storm
sewer system. The ends of each line shall have a dean out in conformance with the City Standard Details.
Declaration of Restrictions: Execute and record Declaration Restrictions in the form attached hereto and made
part hereof and marked Exhibit "I
Street Lights: Install street lights in accordance with Section 8.11 of the City's Land Division Ordinance.
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K Fire Demarhnent Subdivider shall pay the City of Muskego $10,000 by April 1,1992 aa payment towards a new
Fire Department.
SECTION VI. GUARANTEES
The SUBDIVIDER shall guarantee the public roads and streets, sanitary sewers, watermains, surface water
drainage improvements and other improvements described in Section I, items A,B,C,& D, hereof, against defects due to
faulty materials or workmanship provided that such defects appear with a period of one (1) year from the date of dedication
and acceptance. The SUBDIVIDER 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 situations
I SECTION W. GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated
herein by reference, SUBDIVIDER 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, judgments, costs,
expenses, attorney’s fees, and 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 SUBDIVIDER’S negligent
construction or operation of improvements covered thereby, in its violation of any law or ordinances, the infringement by
it or any patent, trademark trade name or copyright and its use of road improvements prior to their formal dedication and
acceptance by the CITY.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS
The SUBDIVIDER agrees that in addition to the CITY‘S rights herein, the provision of the Agreement shall be
for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision
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SECTION IX. ACCEPTANCE OF WORE AND DEDICATION '
As when the SUBDIVIDER 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 88
required by this Agreement and as required by applicable CITY ordinances and other applicable law and approved the
CityJhgimeer.
SECTION X. EROSION CONTROL PLAN AND PERMIT
The SUBDIVIDER shall submit to the CITY, an application for a Land Disturbing Permit and an Erosion Control
PlaS all in accordance with the requirements of Section 29.06 of the CITY'S Erosion Control Ordinance (Ordinance
#560).
SECTION XI. 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 SUBDIVIDER to construct the improvements in accordance with the ph and
specifications called for by this Agreement, upon SUBDMDER'Scompliance with any deposit provisions or other 0 requirements of the applicable ordinances or regulations; and the CITY shall cooperate with the SUBDIVIDER
in obtaining similar permits, resolutions and documents as may be necessary from other authorities having
jurisdiction in the premises.
2. The CITY shall, as a condition of the SUBDIVIDER executing this Agreement, make available to the
SUBDIVIDER or its nominee successors or assigns, building permits for the construction of single fdy
residences subject to the provisions of Section W.
SECTION XU. BUILDING AND OCCUPANCY PERMITS
The SUBDIVIDER 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 for the said model homes, or any other nomes until the CITY'S
Engineers have determined that:
A. The sewer, water and surface water drainage facilities required to serve such homes are connected with an
operation system as required herein, and
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B. That the CITY'S Engineers have approved the condition of the roads then existing to serve such homes 88
sdiient to service the traffic reasonable anticipated during the period prior to the date when the roads must be
completed and dedicated
c. It is expressly understood and agreed that no Occupancy Permits shall be issued until the CITY has determined
that all Park Dedication Fees, RCA Sewer Fees, and WCA Water Assessment Fees have been paid.
SECTION MII. .GENERAL CONDITIONS AND REGUTIONS
All the provisions of the CITTSordinances are incorporated herein by reference, and all such provisions shall bind
the parties hereto and be a part of this Agreement ns fdy 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 XW. FINANCIAL GUARANTEE
0 Prior to the execution of this Agreement by the CITY, the SUBDIVIDER shall fide with the CITY a Letter of
Credit setting forth terms and conditions approved by the CITY Attorney in the amount of ( )maguaranteethat
the required plans, improvements, and approvals will be completed by the SUBDIVIDER and his subcontractors no later
than June 15, 1992, except if an earlier date is provided within this agreement and as a further guarantee that all
obligations to the subcontractors for work on the Subdivision are satisfied
SECTION XV. PARTIES BOUND
SECTION XVI. ASSIGNMENT
SUBDIVIDER shall not assign this Agreement without the written consent of the CITY.
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IN WITNESS HEREOF, SUBDIVIDER AND CITY have caused this Agreement to be signed by their
appropriate officers and their seals to he hereunto affixed in duplicate original counterparts on the date ad year fvst
written above.
SUBDIVIDER:
LAgE FOREST RESIDENTLAC
DEVELOPMENT LIMITED PARTNEIWHZP,
by Lake Forest Residential, Inc,
Its General Partner.
BY Robert A Patch, President
By: William A Patch, Secretary
CITY OF MUSKEG0
By: Wayne G. Salentine, Mayor
By: Jean Marenda, Clerk
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STATE OF WISCONSIN )
WAUJCESHACOUNTY )
I I
! Personally came before me this day of ,19 , the abovenamed Robert A Patch, President, and
william A Patch, Secretary, of LAgE FOREST RESIDENTIAL, INC.. said Corporation being the Idam& Partner
~~LA~EFORESTRESIDENTIALDEVELOPMENT~TEDPARTNERSHDP.~~~~~~~~~~~~~~~~~P~~~~~
and Secretary of said corporation, and acknowledged that they executed the foregoing instrument 88 such officers as the
deed of said LAKE FOREST RESIDENTIAL, INC. the Managing Partner of LAKE FOREST RESID-
DEVELOPMENT LIMITED PARTNERSHIP, by its authority.
Notary Public, county, WI
My Commission Expires: I
STATE OF WISCONSIN )
I. WAUKEXHA COUNTY 1
Personally came before me this day of ,19 , the above-named Wayne G. Salentine, %or, and Jean
K. Marenda, CITY Clerk, of the abovenamed municipal corporation CITY of Muskego, to me known to be the peRons
executed the foregoing instrument, and to me known to be such Mayor and CITY Clerk of said Municipal corporation. and
acknowledged that they executed the foregoing instrument as such oficers as the deed of said municipal corporation bp
ita authority, and pursuant to the authorization by the Common Council from their meeting on the day Of $19
Notary Public, County, WI
My Commission Expires
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a CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for LAgE FOREST
SUBDIVISION, Muskego, Wisconsin, as entered intn on the day of ,19 , by and between LAge
FOREST RESIDENTIAL DEVELOPMENT LJMITED PARTNERSHIP. by Lake Forest Residentid, Inc. Ita
General Partner, and the CITY OF MUSKEGO, pursuant to the authorization by the Common Council form their
meetiag on the day of , 19 .
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Jean K Marenda, City Clerk
Clerk of Muskego, Wwnsiu
NORTH SHORE BANK&
IAREYOCABLE STANDBY DOCUMNTARY CREDIT
Credit No.: 91-111 Date: oct*l.1991
Amount $741,323.00
wi
LAKE FORESF RESIDENTIAL DNEL-ENT LIMITED PARTNERSHIP
Expiry Date:
September 23,1992
At Our Counters
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LAAg PORES1 ADD" # 1 msKEGO,ti_WISCms1.
COST BFLEAKDOWN
LJ3lTER OF-CREDlT
SERVICE BID AMOUNT AMOUNT-G
ON LETTER OF
CREDIT
GRADING $ 301,760.00
SE- WATER, STORM 756,133.00
0 CONCRETE STORM SEWER
RETENTIONBASIN
PAVING, (INCLUDING BASE
CURB & GUTCER) 472,950.00
STREETTREES 10,000.00
STREET SIGNS 1,000.00
ENGINEXRING. INSPECTION 30.000.00 REVEW. & ASBUILTS
5 ,$1,760.00
75,613.00
30,000.00
472.950.00
10,000.00
1,000.00
/30.000.00 -t/
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