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CCR1992085COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #85-92 SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT APPROVAL OF FINAL PLAT, City of Muskego/Town of Norway Creekside Meadows Subdivision WHEREAS, a Final Plat was submitted on February 25, 1992 for the 55-lot Creekside Meadows Subdivision in the SE 1/4 of Section 32; and WHEREAS, the Revised Preliminary Plat was approved in Resolution #57-92; and WHEREAS, the Plan Commission has recommended approval, and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Creekside Meadows Subdivision, 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 Creekside Meadows Subdivision in the SE 1/4 of Section 32, subject to 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 Creekside Meadows Subdivision, as attached, is hereby approved. 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 14TH DAY OF APRIL , 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke This is to certify that this is a true and accurate copy of Resolution #05-92 which was adopted by the Common Council of the City of Muskego. 0 4/92cac SUBDIVIDERS AGREEMENT This agreement, made this Zfth day of br, 1 19aby and between John L. fh?alch;nL 8 Ph'tliq T. Jacobson : the "Developer", and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". WITNESSETH City a proposed final plat for Creelcside, mneadoas a residential 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 body of the City may require that the Developer make and provides that as a condition of plat approval, the governing install certain public improvements reasonably necessary for public streets, alleys or other ways within the Subdivision, the Subdivision and further, may require dedication of to be conditioned upon the construction of said improvements municipality; and according to municipal specifications without cost to said Developer's plans and specifications for subdivision improvement and the Common Council has duly approved and authorized teh terms and provisions of this agreement and approved the final plat WHEREAS, Developer has submitted for approval by the 0 WHERAS, the City's Engineers have duly approved the contained, the parties hereto anree as follows: NOW, THEREFORE, in consideration of the covenants herein SECTION I. IMPROVEMENTS: The Developer, entirely at its expense, shall: A. Surface Water Drainaqe: 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 with the plans and specifications attached hereto, made a part hereof and marked Exhibit "c'. permits or easements as may be required in any public street or property to enter upon and install the above described surface water drainaue svstem. 2. The City shall furnish to the Developer such 0 - ~. B. Roadside Ditches: Must meet City of Muskego specifications. 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. SECTION 111. INSPECTIONS AND ADMINISTRATIVE 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 IV. 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 sitation. SECTION V. GENERAL INDEMNITY: 0 of, any provisions of this agreement or documents In addition to, and not to the exclusion or prejudice incorForated 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 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 violation of any law or ordinance, the infringement by it of any patent, trademark, trade name or copyright, and its use of road improvements prior to their formal dedication.and acceptance by the City. SECTION VI. 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 lot or any interest in any lot or parcel of land in the Subdivision. 0 SECTION VII. CONSTRUCTION PERMITS, ETC ... : 1. The City shall, within its authority, issue such may be necessary to permit Developer to construct the permits, adopt such resolutions, and execute such documents as called for by this agreement, upon Developer’s compliance with improvements in accordance with the plans and specifications any deposit provisions or other 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. SECTION VIII. 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 according with and subject to the provisions of said ordinances. SECTION IX. FINANCIAL GUARANTEE: Developer shall file with the City a letter of credit setting Prior to the execution of this contract by the City, the forth terms and conditions the amount of $9,000.00 as a guarantee that the required improvements will be completed by the Developer. The letter of credit is attached hereto as Exhibit B. SECTION X. 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 seals to be hereunto affixed in duplicate original counterparts agreement to be signed by their appropriate officers and their on the day and year first written above. DEVELOPER CITY OF MUSKEG0 BY: u!” hnmk JeanaMarenda. Clerk . Partnership EXHIBIT "B" i -T BANK OF BURLINGTON 200 South Pine . Burlington, WI 53105 Phone 763-9141 Burlington and Paddock Lake March 13, 1992 IRREVOCABLE LETTER OF CREDIT TO: City of Muskego Waukesha County Muskego, WI 53150 of Muskego for the account of Norway Associates ("Owners"), for a sum not We hereby open our Irrevocable Letter of Credit in favor of the City exceeding a total of $9,000.00, available by your one or more drafts drawn at sight on us and accompanied by written certification from the City of Muskego stating that the Owners are in default under the terms of a certain agreement regarding the development of Creekside Meadows Sub- division located in the Town of Norway and City of Muskego. It is understood that the amount of any draft presented hereunder shall be the amount necessary to contract for the completion of the specific improvements or to cure other defaults up to a maximum amount of $9,000.00. We hereby agree with the drawers, endorsers and bona fide holders of drafts under and in compliance with the terms of this credit that the same shall be duly honored on presentation and delivery on or before March 13, 1993, at which time the Letter of Credit expires. In the event the Owners fail to complete the installation of the improvements for which Letter of Credit is not then provided, the City of Muskego may draw amounts this Letter of Credit is intended, or in the event a substitute or renewed remaining in this Letter of Credit prior to the expiration date. Dated: 0 OF BURLINGTON