CCR1992061COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #61-92
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Country Brook Estates Addn. #1
WHEREAS, a Final Plat was submitted on February 18, 1992 for the 31-lot
Country Brook Estates Addn. #1 Subdivision in the SE 1/4 of Section 16,
and
WHEREAS, the Preliminary Plat was approved in Resolution #43-91, and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, the Subdivider's Agreement and Letter of Credit have been
received for Country Brooks Estates 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 Country Brooks Estates Addn. #1
Subdivision, 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 Subdivider's Agreement and Letter of
Credit for Country Brook Estates Addn. #1 Subdivision, 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 the Mayor and Clerk are hereby authorized
to sign the necessary documents in the name of the City.
BE IT FURTHER RESOLVED that if a school impact fee is implemented, it
may affect this property.
DATED THIS lOTH DAY OF MARCH , 1992.
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
#61-92 which was adopted by the Common Council of the City of Muskego.
1/92cac
SUBDIVIDERS AGREEMENT
ADDITION NO. I
This agreement, made this - day of , 1932 by and between
Donald G Miller , the " developer It, and
the City of Muskego, a municipal corporation of the State of
Wisconsin, located in 'iiaukesha County, hereinafter called the
'' City " of Wisconsin, located in Waukesha County, hereinafter
called the " City ".
W ITNESSETH
WHEFtEAS, Developer has submitted for approval by the City a
proposed final plat for Country Brook Estates, a residedial
subdivision, copy of which is attached hereto, made a part hereof
and marked Exhibit "A" ( the Subdivision ): and
WHEREAS, Section 236.13 of the Wisconsin Statues 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 specification R'ithout
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.
NOK, THEREFORE. in consideration of the covenants herein contained,
the parties hereto agree as follows;
SECTION 1. IMPROVEMENTS ;
The developer, entirely at its expense, shall:
A.
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.
Addition #
Roads and Streets; Grade and improve all roads and streets
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PAGE 2, Subdividers Agreement
B. SURFACE WATER DRAINAGE:
1. Construct. install. furnish and provide adequate facilities as approved by the City engineer and Public Works Committee for storm
and surface water drainage throughout the entire subdivision, in accordance
marked Exhibit C n.
2. The City shall furnish to the Developer such permits or easement as may be required in any public street or property to enter upon and install the above described surface water drainage system.
C. WATER: Construct, install, furnish, and provide a complete system of water supply and distribution. throughout the entire subdivision, as approvec
by the City Engineer and in accordance with the plans and specifitions attached hereto as Exhibit D ". The cost of the preparation of as-built
plans shall be paid by the developer. Subdivider shall complete, the the
satisfaction of the City Engineers, any remaining punch list items concerniq
the .:.ater system within 30 days after connection of the first residence to
the water system.
sanitary sewage collection system throughout the entire subdivision. all
in accordance with the plans, specifications and drawings attached hereto as Exhibit E n. The cost of preparation of as-built plans shall be payed
by the Developer. Subdivider shall complete, to the satisfaction of the City Engineers and remaining punch. list items concerning the sanitary se-er
system -ithin 30 days after connection of the first residence to the sanitaq
ze- er system.
E. LANDSCAPING: 1.Preserve existing trees, whereever possible, in the
conetruction of subdivisions improvements. Remove and lawfully dispose of all old barns, outbuildingn, deztroyed
trees, brush, tree trunks. shrubs, and similar natural growth. and all rubbiz 3. The Developer shall plant street trees in accordance r*.ith section 8.13 of the Muskego Land Division Ordinance and LResolution # P.C. 72-76 .
F. ROADSIDE DITCHES: Must meet City of Muskego specifications.
0 with the plans and specifications attachsd hereto, made a part hereof and
D. SANITARY SEWER: Construct, install, furnish, and provide a complete
0 2.
G. ERQSION CONTROL MEASURES :
1. Subdivider shall construct. install. furnish. and orovide a comnlete system of Erosion Control Devices in specified areas of- the Subdivision.
as approved by the City Engineer and in accordance with the plans and specifications attached hereto as Exhibit " F .
2. Subdivider shall install erosion control devices as specified in Exhibit F prior to issuance of building permits.
2
PAGE 3. Subdivider's hgreement
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, vater facilities and sanitary sewer facilities to the City, its successors and assigns. forever, free and clear Of all encumbrances whatever together
vith and including, without limitation because of enumeration. any and
all land, buildings, structures. mains, conduits, pipes lines plant,
machinery. equipment. appurtenances and hereditament vhich may in any ~'ay be a part Of or pertain to such improvements and together v,ith 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 and at the times specified in Section 10 of its Land Division Ordinance
SECTION V. MISCELLANEOUS REQUIREMENTS:
The Developer shall;
A. EASEMENTSr Provide any easements on Developer's land deemed necessary by the City Engineers before therfinal plat is signed, provided such easements are so located as not to render any lot unbuildable or
unsaleable. B. 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.
this agreement to be carried out and performed in a good and .s.orkmanlike C. MANNER OF PERFORMANCE: Cause all construction called for by
- manner.
other monuments required by statute or ordinance. D. SURVEY MONUMENTS: Properly place and install any survey or
E. DEED RESTgICTIONS; Execute and record deed restrictions in the
F. GRADES:
form attached hereto, made a part hereof and marked Exhibit I* F 'I.
Furnish to the Building Inspector of the City a copy of Exhibithoi-ing the street grade in front of each lot, the yard
grade and the grade of all four corners of each lot.
G. STREET LIGHTS: Install street lights in accordance vith Section 8.11 of the City's Land Division Ordinance.
3
0
0
0
Page Li: Subdivider's Agreement
H. Silht Distances: Restrict lots so that no fence, vall,
hedge, or shrub planting which obstructs sight lines at
elevations between Two (2) and Six (6) feet above the roadwaps
shall be placed or permicced to remain on any corner lot within
the triangular area formed bv the street pro ertv lines and a
intersection of the street lines, or in the case of a rounded
properrry corner, from the intersection of che street property
lines extended.
line connectinR them at points twenty-five ( 5- 5) feet from the
SZCTIOS VI. GUARANTEZS :
The developer shall gaurantee all improvements described
in section I aeainsT defecrrs 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
DevelolP-r shall pay for any damages to City property resultinn
from such faulty materials or workmanship. This zuarantee shall
not be a bar to any action the City might have for nenlieent
xorkmanship or materials. Wisconsin law on negligence shall
govern such sitation.
SECTION VII. GENERAL INDE?INITY:
In addition to. and not to the exclusion or prejudice of.
any provisions of this agreement or documents incorporated herein
by reference, Deveioper shall indemnify and save harmless the
City, its officers, agents, apd employees, and shall defend tSe
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 Developer's negligent construction or operation of
improvements covered thereby, or its Iv-iolacion of any Law or
ordinance, the infringement by it of any patent, trademark, trade
name or copyurfte. and its use'of road improvemencs prior to
thier formal dedication and acceptance by the City. -
SECTION VIII. ACREFUtNT FOR BENEFIT OF PURCHASERS:
The Developer azrees that in addition to che City's rights
herein, the provisions of this aqreernent shall be for the benefit
of the ?sirchaser of any lot or any intezesc in any lot or parcel
of land in the Subdi.zision.
4
page j Subdivider's hgreement
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and ]-hen 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 PEFNIT:
The Developer shall submit the the City, and application for a land disturbing permit and an erosion controll plan in accordance
with the requirements of Section 29.06 of the City's Erosion
Control Ordinance (Ord. f 560).
SECTION XI. CONSTRUCTION PERNITS , ETC.
I. The City shall, oithin 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 e-ith the plans and specifications
called for by this agreement, upon Developer's compliance with any deposit provisions or bther requirements of the applicable
ordinances or regulations; and the City shall cooperate with the
Developer in obtaining similar permits, resolutions and documents
as may be necessary from other authorities having jurisdiction in
the premises.
executing this ameement. make available to the Developer or its
2. The City shall, as a condition of the Developer - - nominee successors or assigns, building permits for the
construction of single family residences subject to the provisions
of Section XII.
SECTION XI1 . BUILDING AND OCCUPANCY PERNITS:
The Developer shall be allowed to construct no more than tv:o
(2) model homes. It is expressly understood and agreed that no
occupancy permits shall be issued for the said model homes, and no building permits or occupancy permits shall be issued for any other
homes until;
facilities and surface vater drainage facilities required to serve
such homes are connected i.>ith an operation system as required herein, and
A. The City's Engineers have determined that the sev>er,v-ater
5
page 6; Subdivider's agreement.
of the first lift of asphalt has been installed.
B. The Building inspector verifies that the installation
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 and be a part of this agreement as fully as in 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 XIV. FINANCIAL GUARANTEE:
PRIOR TO THE EXECUTION OF THIS CONTRACT BY THE CITY, the
Developer shall file with the City e letter of credit setting
forth terms and conditions approved by the City Attorney i.n the
amount of $430,000 ,as a guarantee that the required inprovements
-*.ill be completed by the Developer and hissubcontractors no later than
one ( l) year from the date of the recording of the final plat or the
date of the agreement., l,,hichever date comes first. unless an earlier
date is provided for in this agreement. and 8s a further guarantee that
allobligations to the subcontractors for work on the deveyopment are
satiaf ied ,
SECTION XV. PARTIES BOUND:
agreement or any part herein as it applies to any phase of the
development of the subdivision.
IN XITMESS HEREOF, Developer and City have caused this agreement to
be signed by their appropriate officers and their seals to be hereun
affixed in duplicate original counterparts on the day and year first
'rritten above.
DEVELOPER CITY OF MUSKEG0
Developer or its assignees shall be bound by the terms of this
:0
By i hayne G. Salentine, Mayer
By:
Jean Marenda, Clerk
6
P.02
CREDIT NO: XXXXX
DATE
MOUNT: USD 030,000.00 - Four Hundred Thirty Thousand and OO/lOO
U.S. Dollars
APPLICANT :
Donald G. Miller
S82 W17310 Woods Road
Huskego, WZ 53150 SPECIMEN
BENEFICIARY:
City of Muskego
W182 58200 Racine Avenue
Nuskego WI 53150
EXPIRATION DATE: June 6, 1993
at our countera.
Dear Sire:
We hereby issue thie irrevocable standby credit in your favor (the beneflcisry'e)
which is available by beneficiary's draft(s) at aight drawn on Bank One, Milwaukee,
NA available with ouraelves. '3ach draft accompanying documents must etate "Drawn
under Standby Credit No. XXXXX'.
Thie Standby Letter of Credit fa to provide eecurity to the City of Muskego for the
perEormanco of Donald G. Hiller's obligations unCer that certain Agreement dated
date between the City Jf Muskego and Donald G. Miller.
ACCOMAVIED BY THE FOLLOWISG D3CUM "bECIMEN I
Beneficiary statement certifying that: "1, name , am Mayor of the City of
Muekego and certify that Donald G. Miller hae felled to complete the conetruction
of in accordance with maid Agreement". The @aid atatemerit shall
met forth the estimated amount neceeaary for the City of Muskego to complete such
improvcmente.
I
I
SPECIAL CONDITIONS:
This Standby Credit wiLl terminate on the 6th day of June, 1993 provided, however,
Bank One, Milwaukee, NA giveu mltten notice to the beneficiary of lee intention
to terminate this Standby Credit at least 90 daya prior co the said 6th day of
June, 1993.
days written notice to the beneficiary,
It iu hereby agreed by all parties hereto that the reference to "Agreement" is for
identification purposee only and such reference ehall nor. be construed in any
manner to require Bank One, Milwaukee, NA to inquire into it8 terms and obligations.
CONTINUED ON PAGE TWO (2) WFIICH IS AN INTEGAL PART OF THIS STAhQBY CREDIT.
Ater said date thie Letter of Credit can only terninate upon 90
ERNK ONE, HILWFIUKEE. NA P.03
SPECIMEN
PACE TWO (2) AN INTEGRAL PART OF STANDBY CREDIT NO. XXXXX DATED
Excipt a8 otherwise expressly otated, this credit is subject to the "Uniform Cuecame
and Practice for Documentary cirediee (1983 Reviaion) International Chamber of Comercr
Publication No. 400".
We engage with YOU that draft6 drawn under and in compliance with chs tema of thin
credit will be duly honored if presented on or before the expiry date.
Standby Credit must be submittl?d to LIB together with any drawing8 hereunder for our
endoreement of eny payments ef:lected by us endlor for cancellation.
Very truly youre,
Thie original
Bank One, Milwaukee, NA SPECIMEN
Authorized Signature
ISLK