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CCR1992183COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #183-92 SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT APPROVAL OF FINAL PLAT, Lake Forest Addn. #2 WHEREAS, a Final Plat was submitted on June 17, 1992 for the 25-lot Lake Forest Addn. #2 Subdivision in 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. #2 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 Lake Forest Addn. #2 Subdivision, subject to approval of the City Engineer and all provided in Section 10 of the Land Division Ordinance. objecting and approving agencies, and receipt of all fees as BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for Lake Forest Addn. X2 Subdivision, as Attorney and City Engineer, and subject to the approval of the attached, is hereby approved subject to approval of the City 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 #162. 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 JULY , 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David D. Sanders This is to certify that this is a true and accurate copy of Resolution #183-92 which was adopted by the Common Council of the City of Muskego. 1/92cac .. EXHIBIT 0 EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT A B C D E F G H I LIST OF EXHIBITS BOUNDARY DESCRIPTION AND SUBDIVISION FINAL PLAT GRADING PLAN STORM SEWER PLAN WATER PUNS SANITARY SEWER EROSION CONTROL PLAN DEED RESTRICTIONS SUMP PUMP DRAINS & CLEANOUTS DECLARATIONS OF RESTRICTIONS 0 SUBDIVIDER'S AGREEMENT SECTION I. IMPROVEMENTS SUBDIVIDER, entirely at its expense shall: A. B. 0 C. Roads and Streets 1. Grade and improve all roads and streets in LAKE FOREST ADD'N NO. 2, in accordance with the plat of subdivision and the plans and specifications attached hereto, and made a part hereof and marked Exhibit %', all in accordance with city street specifications. Surface Water Drainaqe: 1. 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'. 2. The CITY shall furnish to the SUBDIVIDER such permits or easements as may be required in any public street of public property to enter upon and install the above described surface water drainage System therein. Water 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 'Do. 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 street or public properly to enter upon and install the above described water system therein. 3. Any water used from hydrants shall be metered and a permit taken out through the CITY OF MUSKEGO. 4. Subdivider shall complete, to the satisfaction of the City Engineers, any remaining punch list items Concerning the water system, within 30 days after connection of the first residence to the water Systems. 3 0 2. Install silt fencing in conformance with the approved plans prior to or in conjunction with the grading and construction work. Such fences shall be maintained by the SUBDIVIDER until such time as turf cover is established in the Subdivision. 3. Mulching and seeding of all terraced areas. Detention ponds, the park and all lots to be completed by October 1, 1992. SECTION II. TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section I above shall be completed within nine months from the signing of this Agreement except if an earlier date is provided for in the Agreement. SECTION 111. DEDICATION 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 faciliiies to the CITY, its successors and assigns, orever, free and clear of all encumbrances whatever together with and including, withoUt limitations because Of numeration, any and all land, buildings, structures, mains, conduits, pipe line plant, machinery, equipment, appurtenances and hereditament which may in any way be pan of or pertain to such improvements and together with any and all necessary easements for access thereto. d SECTION IV. 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’S Land Division Ordinance and at the times specified therein, all fees, expenses and disbursements which shall be incurred by the CITY prior to and following 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; SUpeNiSiOn, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative and fiscal work undertaken to assure and implement such compliance. 5 @naterials 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. 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, 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 me beneM of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision SECTION IX. ACCEPTANCE OF WORK 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 as required by this Agreement and as required by applicable CITY ordinances and other applicable law and approved by the Cily Engineer. 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 Plan, all in accordance with the requirements of Section 29.06 of the CITY’S Erosion Control Ordinance (Ordinance #560). 7 0 SECTION XV. PARTIES BOUND SUBDIVIDER 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. SECTION XVI. ASSIGNMENT SUBDIVIDER shall not assign this Agreement without the written consent of the CITY. 9 .. . a STATE OF WISCONSIN ) WAUKESHA COUNTY ) Personally came before me this day of , 19 , the above-named Robert A. Patch, President, and William A. Patch, Secretary, of LAKE FOREST RESIDENTIAL, INC., said Corporation being the Managing Partner Of LAKE FOREST RESIDENTIAL DEVELOPMENT LIMITED PARTNERSHIP, to me known to be such President and Secretaly of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said LAKE FOREST RESIDENTIAL, INC. the Managing Partner of LAKE FOREST RESIDENTIAL DEVELOPMENT LIMITED PARTNERSHIP, by its authority. Notary Public, county, WI My Commission Expires: STATE OF WISCONSIN ) ~AUKESHA COUNTY ) Personally came before me this day of , 19 , the above-named Wayne G. Salentine, Mayor, and Jean K. Marenda, CITY Clerk, of the above-named municipal corporation CITY of Muskego. to me known to be the persons 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 officers as the deed of said municipal corporation by its authority, and pursuant to the authorization by the Common Council from their meeting on the day of ,I9 . Notary Public, County, WI My Commission Expires: 11 NORTH SHORE BANKFss Corpora& Olllces. 15700 Bluemound Road Brookfield, Wisconsin 53005 Phone (414) 785-1600 ' Fax (414) 797-3344 IRREVOCABLE STANDBY DOCUMENTARY CREDIT Credit No.: 92-112 Date: July 16, 1992 Amount: $141.141.00 Applicants LAKE FOREST RESIDENTIAL DEVELOPMENT LIMlTED PARTNERSHIP BENEFICIARY: City of Muskego Expiration Date: W182 S8200 Racine Avenue July 16, 1993 Muskego, WI 53150 At Our Counters Dear Sirs: We hereby issue this irrevocable documentary credit in your favor, City of Muskego, which is available by beneficiary's draft@) at sight drawn on North Shore Bank, FSB, for the account of LAKE FOREST RESIDENTIAL DEVELOPMENT LIMITED PARTNERSHIP ("Developer"), up to aggregate amount of $141,141.00. Each draft accompanying document must state "Draw under North Shore Bank, FSB Documentary Credit No. 92-112". This Standby Credit is to provide a guarantee to the City of Muskego for the performance of Developer's obligations, to plan to construct, and obtain approvals of certain improvements as set forth in Section I of that certain Agreement dated July 16, 1992, between the City of Muskego, and Lake Forest Residential Development Limited Partnership (the "Subdivider's Agreement"). DRAlTS ARE TO BE ACCOMPANIED BY: A statement signed by the Mayor of the City of Muskego stating that Lake Forest Residential Development Limited Partnership has failed to complete the planning, construction or approval of Subdivision Improvements in accordance with the Subdivider's Agreement. The statement shall set forth which plans, improvements, or approvals Lake Forest Presidential Development Limited Partnership has failed to complete along with the estimated amount necessary for the City of Muskego to complete such plans, improvements or approvals.