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CCR1992198AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #198-92 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Foxboro Subdivision 0 WHEREAS, a Final Plat was submitted on April 2, 1992, with an extension granted to August 7, 1992 for approval, for the 25-lot Foxboro Subdivision (F/K/A Waterfield Park) in the NW 1/4 of Section 14; and WHEREAS, the Preliminary Plat was approved in Resolution X285-91; and WHEREAS, the Plan Commission has recommended approval subject to obtaining US Army Corps of Engineers approval to fill less than one acre of wetland6 and that no additional wetlands be filled; and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Foxboro 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 Foxboro Subdivision (F/K/A Waterfield Park) in the NW 1/4 of Section one acre of wetlands and that no additional wetlands be filled, subject to 14, subject to obtaining US Army Corps of Engineers approval to fill less than approval of the City Engineer and all objecting and approving agencies, and subject to 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 Foxboro 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. DATED THIS 28TH DAY OF JULY , 1992. SPONSORED BY: Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David D. Sanders FINANCE COMMITTEE which was adopted by the Common Council of the City of Muskego. This is to certify that this is a true and accurate copy of Resolution t198-92 7/92cac - SUBIIIV,IPER' S A6REEMtW This agreement, made this day of 19921 by and between Kosobucki Brothers partnership, the "Developer, 'I and the City of Muskego, a municipal corporation of the State of Wisconein, located in Waukesha County, hereinafter called the "City. " WITWESSETH WHEREAS, Developer t.as submitted for approval by the City a proposed final plat for FOXBORO, a residential subdivision, a copy of which is attached hereto, made e part hereof and marked Exhibit "A" (the "Subdivision") ; and WHEREAS, Section 236.13 of the Wisconsin Statutes 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 nlscessary for the Subdivision and further, may require dedication of public streets, alleys or other Way6 within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipality; and WHEREAS, the City's IIngineers and the Public works Committee, Public Utilities Committee, Finance Committee and Plan Commission have duly approved the Developer's plans and specifications for subdivision improvement e.nd the Common Council has duly approved and authorized the terms and provisions of this agreement and approved the final plat of FOXBORO SUBDIVISION; NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows:- SECTION I. IMPROVEWllTS: The Developer, entirely at its expense, shall: A. Roads and Str-eets: Grade and improve all roads and plans and specifications attached hereto, made a part hereof and streets in accordance with the plat of said Subdivision and the marked Exhibit "B", all in accordance with the City's street specifications. B. SURFACE WATER DRAINAGE1 1. Construct, install, furnish and provide adequate Committee for btorm and surface water drainage throughant the facilities as approved by the City Engineer and Public Works entire subdivision, in acc:ordance with the plans and specifications attached hereto, made a part hereof and marked Exhibit "C". 2. The Ci,ty 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. JUL-28-1992 11: 18 FROM METRUPOL.1TFII.I ENGINEERING TO 679d106 P.03 PAGE 3, Subdivider's Agrement SECTIOM 111. DEDICATION: Developer shall, without c:harge to the City, upon completion of the Subject to all of t!le other provisions of this agreement, above described improvemerts, unconditionally give, grant, convey and fully dedicate the roads and streets, bicycle path, storm end surface water drainage 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, equipment, appurtenances and hereitaments which may in any way be structures , mains , conduits , pipes lines plant, machinery, a part of or pertain to suc!h improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedicatioil of said improvements, except for street dedication, which shall first receive the final lift of asphalt prior to dedication, when all facilities are completed. SECTION IV. I#SPECTIO#S AND ADHINIST~TIO# FEES: . The Developer shall pay and reimburse the City all fees as Division Ordinance. required and at the times specified in Section 10 of its Land SECTION V. MISCELLANEOUS REOUIREHEIEATS: The Developer shall: deemed necessary by the City Engineers before the final plat io A. Easements: Provide any easements on Developer's land signed, provided such ease:nents are so located as not to render any lot unbuildable or unsaleclble. B. Manner of Performance: Cause all construction called workmanlike manner. for by this agreement to be carried out and performed in a good and C. Survey Monuments: Properly place and install any survey or other monuments required by statute or ordinance. JUL-28-1992 11:19 FROM METROPOLITAN ENGINEERING TO 67941 06 P .05 PAGE 5, Subdivider's Agreement I- ~~~ - SECTION IS. ACCEPTMCE OF %OM AWD 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 and as required by applicable City ordinances and other applicable said improvements have been completed as required by this agreement law and approved by the City Engineers. - -ION X. EROSION COITROL PM MD PERMIT: land disturbing permit al;.d an erosion control plan in accordance The Developer shall submit to the City, an application for a with the requirements o;I Section 29.06 of the City's Erosion Control Ordinance (Ord. #560). SECTION XT. CONSTRUCTIOM PERMITS, ETC...: 1. The City shall, within its authority, issue such permits, adopt such resolutions, and execute such documents as may be accordance with the plan!; and specifications called for by this necessary to permit Developer to construct the improvements in agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations; and the City shall cooFerate with the Ijeveloper in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the prenises. this agreement, make available to the Developer or its nominee 2. The City shall, as a condition of the Developer executing successors or assigns, building permits for the construction of single family residences subject to the provision of Section XII. SECTION XII. BUZLDZHO AND OCCUPANCY PERMITS: The Developer, or asi.gnee, shall be allowed to construct three (3) model homes. It is expressly understood and agreed that no occupancy permits shall be issued for the said model homes, other homes until the City's Engineers have determined that: A. The sanitary sewer system required to serve such homes are connected with an operation system as required herein, and B. That the City Engineers have approved the condition of the stone and gravel base for the roads then existing to serve such homes as sufficient to serve the traffic reasonably anticipated during the period prior t.a the date when roads must be completed and dedicated. CREDIT NO: DATE : TRlClTY NATIONAL BANK 0,O..C"III IRREVOCABLE STAXDBY DOCUMENTARY CREDIT AMOW : U.S. Dollars APPLICANT: KOSOBUCKI BROTHERS PARTXERSHIP, A WISCONSIN GENERAL PARTNERSHIP 17100 West Shadow Drive New Berlin. WI 53151 BENEFICIARY: City of Efuskego 9200 South Racine Ave. Muskego, WI 53150 EXPIRATION DATE: at our counters Dear Sirs: We hereby issue this irrevocable documentary credit in your favor Kosobucki Brothers Partnership, which is available by beneficiarv's draft(s) at sight drawn on TKi City National Bank of Oak Creek. Each draft accompanying docu- ments must state "Drawn under Tri City National Bank of Oak Creek Documentary Credit No. This Standby Credit is to provide security to the City of ?tuskego for the per- Asreement dated fomance of Kosobucki Brothers Parcnership's oblizations under that certain cant. DRAFTS ARE TO BE ACCOMPAYIED BY: A statement signed by the Mayor of the City of >!uskeg0 stating that Kosobucki development in accordance with said Asreement. Said statement shall set €orth Brothers Partnership has failed to complete the construction of subdivision the estimated amount necessary for the City of Yuskego to complete such improve- ments. SPECIAL CONDITIONS: This standby credit will terminate on the i : day of provided, however, Trl City National Bank of Oak Creek shall give written notice to the beneficiary of its Intention to terminate this standby credit at leas: 90 days prior to said . .day of becween the Citr of Muskego, and appli- PAGE 2, AN INTEGRAL PART OF STANDBY CREDIT NO. DATED It is hereby agreed by all parties hereto that the reference to “Agreement” strued in any manner to requre Tri City National Bank of Oak Creek to in- is for identification purposes only and such reference shall not be con- quire into its terms and obligations. We engage with you that drafts drawn under and in compliance with the terms of this credit will be duly honored if presented on or before the expiration date. This original Standby Credit must be submitted to us together with any drawings hereunder for OUT endorsement of any payments effected by us and/or for cancellation. Very truly yours, TRI CITY NATIONAL I