CCR1993146AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #146-93
APPROVAL OF DEVELOPER'S AGREEMENT AND LETTER OF CREDIT
Stoney Creek
WHEREAS, the Developer's Agreement and Letter of Credit have
been received for Stoney Creek, 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 Finance
Committee, does hereby approve the Developer's Agreement and
Letter of Credit, attached as amended, for Stoney Creek subject
to the approvals of the City Attorney and City Engineers, 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 8TH DAY OF JUNE , 1993.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #146-93 which was adopted by the Common Council of
the City of Muskego.
.$* JUNE 08, 1993 - '&\ , BENEFICIARY:
CITY OF MUSKEGO
W182 58200 RACINE AVE. 9400 N. 107TH STREET
MUSKEGO, WI 53150 MILWAUKEE, WI 53224
APPLICANT:
SKYLINE DEVELOPMENT CORPORATION
OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S100928
AMOUNT: $74,000
GENTLEMEN:
WE HEREBY ISSUE THIS IRREVOCABLE DOCUMENTARY CREDIT IN YOUR
DRAWN ON FIRSTAR BANK MILWAUKEE, N.A. EACH DRAFT ACCOMPANYING
FAVOR WHICH IS AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DOCUMENTS MUST STATE "DRAWN UNDER FIRSTAR BANK MILWAUKEE, N.A.
IRREVOCABLE STANDBY LETTER OF CREDIT NO, S100928.
THIS STANDBY CREDIT IS TO PROVIDE A GUARANTEE TO THE CITY OF
MUSKEGO FOR THE PERFORMANCE OF SKYLINE DEVELOPMENT CORPORATION'S
OBLIGATIONS UNDER THAT CERTAIN AGREEMENT DATED JUNE 8, 1993
BETWEEN THE CITY OF MUSKEGO AND APPLICANT.
DRAFTS ARE TO BE ACCOMPANIED BY:
A STATEMENT SIGNED BY THE MAYOR OF THE CITY OF MUSKEGO STATING
THAT SKYLINE DEVELOPMENT CORPORATION HAS FAILED TO COMPLETE THE
CONSTRUCTION OF PROJECT IMPROVEMENTS IN ACCORDANCE WITH SAID
AGREEMENT OR OTHERWISE PERFOF OBLIGATIONS OF SAID AGREEMENT.
SAID STATEMENT SHALL SET FORTH THE ESTIMATED AMOUNT NECESSARY FOR
THE CITY OF MUSKEGO TO COMPLETE SUCH IMPROVEMENTS OR OBLIGATIONS.
SPECIAL CONDITIONS:
****CONTINUED ON NEXT PAGE****
OUR REF. NO. s1009za PAGE 2 -
THIS STANDBY CREDIT WILL TERMINATE ON THE 9TH DAY OF SEPTEMBER
WRITTEN NOTICE TO THE BENEFICIARY OF ITS INTENTION TO TERMIRATE
1994 PROVIDED, HOWEVER, FIRSTAR BANK MILWAUKEE, N.A. SHALL GIVE
THIS STANDBY CREDIT AT NINETY (90) DAYS PRIOR TO THE 9TH DAY OF
ONLY TERMINATE UPON NINETY (90) DAYS WRITTEN NOTICE TO THE
SEPTEMBER, 1994. AFTER SAID DP.TE, THIS LETTER OF CREDIT CPN
BENEFICIARY.
IT IS HEREBY AGREED BY ALL PARTIES HERETO THAT THE REFERENCE
TO "AGREEMENT" IS FOR IDENTIFICATION PURPOSES ONLY AND SUCH
REFERENCE SHALL NOT BE CONSTRUED IN ANY MANNER TO REQUIRE
OBLIGATIONS.
FIRSTAR BANK MILWAUKEE, N.A. TO INQUIRE INTO ITS TERMS AND
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 EXPIRY DATE. THIS ORIGINAL STANDBY CREUIT MUST
BE SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR
ENDORSEMENT OF ANY PAYMENTS EFFECTED BY us AND/OR FOR
CANCELLATION.
VERY TRULY YOURS,
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
MG
I L in
DEVELOPER'S AGREEMENT
This agreement, made this k - day of /." at I , 19 93
by and between b,,~,- c 6 w F c.~ t,, ,v/~ JC Lf E "DeveloDer", and the City of Muskeqo, a municipal corporation
- , the
of the 'state of Wisconsin, located-in Waukesha-County;
hereinafter called the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by the City
a proposed Building, Site and Operation Plan for Stoney Creek
Development, a boundary description of which is attached
hereto as Exhibit A and a copy of which is on file in the
Office of the Planning Department, for which a Building, Site
and Operation Plan was approved by the Plan Commission on
March 16, 1993;
Plan approval, the Plan Commission of the City required that
WHEREAS, as a condition of Building, Site and Operation
the Developer make and install certain public and private
improvements reasonably necessary for the Project and further,
may require dedication of public streets, to be conditioned
upon the construction of said improvements according to
municipal specifications without cost to said municipality; and
WHEREAS, the Plan Commission, the City's Engineers, the
City's Public Works Committee, Public Utility Committee and
Finance Committee have duly approved, contingent of certain
other approvals, plans and specifications for project
improvements, and the CITY'S Plan Commission has duly approved
the Building, Site and Operation Plan of Stoney Creek
Development, contingent upon the execution and performance of
this Agreement by the Developer.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
DEVELOPER'S AGREEMENT
SECTION I. IMPROVEMENTS:
DEVELOPER, entirely at its expense, shall:
Roads and Streets
1. Grade and improve Tess Corners Drive, in accordance
with the Building, Site and Operation of said Project
and the plans and specifications attached hereto, made
a part hereof and marked Exhibit "B", all in accordance
with the City's street specifications.
A.
E.
L.
D.
Surface Water Drainaqe and Master Gradinq Plan
1. DEVELOPER shall construct, install, furnish and
provide facilities as approved by the City Engineer
and Public Works Committee for storm and surface water
drainage including a detention pond , all in
accordance with the plans and specifications attached
hereto, made a part hereof and marked Exhibit "C".
2. The CITY shall furnish to the DEVELOPER such permits
or easements as may be required in any public street
described surface water drainage system therein.
or property to enter upon and install the above
Landscapinq
1. Preserve existing trees outside of the public
right-of-way wherever practical, when installing the
Project 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. Provide landscaping in accordance with the plans and
specifications attached here to and in accordance with
Exhibit "D" .
Erosion Control Measures
1. DEVELOPER shall construct, install, furnish and
measures in specified areas of the Project, as approved provide a complete system of Erosion Control Devices or
by the City Engineer and Building Inspection Department
and in accordance with the plans and specifications
attached hereto as Exhibit "E" also in accordance with
Chapter 29 of the City's Municipal Code.
2.
3.
4.
Install silt fencing in conformance with the approved
plans prior to the grading and construction work.
Such fences shall be maintained by the DEVELOPER
until such time as turf cover is established in the
Project. No grading shall occur without a 2 day
notice to the City.
Mulching and seeding of all terraced areas to comply
with Chapter 29.
The DEVELOPER is responsible for obtaining Erosion
Control Permits for the site for controlling erosion on
the site.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
completed by the Developer in total within one (1) year from
the signing of this Agreement except if an earlier date is
provided for in the Agreement.
SECTION 111. DEDICATION
The improvements set forth in Section I above shall be
Subject to all of the other provisions of this agreement,
DEVELOPER shall, without charge to the CITY, upon completion of
unconditionally give, grant, convey and fully dedicate the
the above described improvements in Section I.A.,
Roads and Streets, to the CITY, its successors and assigns,
with and including, without limitation because of enumeration,
forever, free and clear of all encumbrances whatever together
any and all land, appurtenances and hereditaments which may in
any way be a part of or pertain to such improvements and
together with any and all necessary easements for access
thereto. The City will be receptive to the dedications of said
improvements, when all facilities are completed and approved by
the City Engineers.
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES
DEVELOPER 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 times specified
therein and if not specified, then within 30 days of billing,
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,
engineering, preparing, checking and review of designs, plans
including without limitation by reason of enumeration, design,
and specifications; supervision, inspection to insure that
construction is in compliance with the applicable plans,
administrative and fiscal work undertaken to assure and
specifications, regulations and ordinances; legal,
implement such compliance.
SECTION V. MISCELLANEOUS REQUIREMENTS
The DEVELOPER shall:
A. Street Siqns: Reimburse the CITY for the cost of all
street signs, traffic signs and posts, including the cost of
their installation.
B. Manner of Performance: Cause all construction called for
workmanlike manner.
by this Agreement to be carried out and performed in a good and
C. Survey Monuments: Properly place and install any lot,
block or other monuments required by State Statute or City
Ordinance.
D. Sight Distances: Restricts lots so that no structure of
any kind which exceeds a height of 2 1/2 feet above the center
of the intersection shall be permitted in the vision setback
area in conformance with Section 17:5.02(2) F L G. of the
Zoning Ordinance.
E. Street Liqhts: Install street lights in accordance with
Section 8.11 of the City's Land Division Ordinance.
F. Permits: Submit to the City valid copies of all agency
permits including the Wisconsin DNR and U.S. Army Corps of 0 Engineers.
SECTION VI. GUARANTEES
The DEVELOPER shall guarantee the public roads and streets,
and surface water drainage improvements and all other
improvements described in Section I, items A, B, C, .S D, hereof
due to faulty materials or workmanship provided that such
and all other obligations of this agreement, against defects
defects appear with 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
materials. Wisconsin law on negligence shall govern such
action the CITY might have for negligent workmanship or
situations.
SECTION VII. GENERAL INDEMNITY
anv orovisions of this Aqreement or documents incorporated
In addition to, and not to the exclusion or prejudice o f, .. 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, 0 claims, losses, damages, interest actions, suits, judgments, costs, expenses, attorney's fees, and the like to whomsoever
may in any manner result from or arise in the course of, out
owed and by whomsoever and whenever brought or obtained, which
of, or as a result of the DEVELOPER'S negligent construction
or operation of improvements covered thereby, in 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 VIII. 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 unit or any interest in any
unit or parcel of land in the Project unit.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION
As when the DEVELOPER shall have completed the
improvements herein required, and shall dedicate the same to
CITY if said improvements have been completed as required by
the CITY as set forth herein, the same shall be accepted by the
this Agreement and as required by applicable CITY ordinances
and other applicable law and approved by the City Engineer,
City Finance Committee and Common Council.
. SECTION X. EROSION CONTROL PLAN AND PERMIT
The DEVELOPER shall submit to the CITY, an application for
a Land Disturbing Permit and an Erosion Control Plan in
accordance with the requirements of Section 29.06 of the CITY'S
Erosion Control Ordinance (Ord. #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 DEVELOPER to construct the
improvements in accordance with the plans and specifications
called for by this agreement, upon DEVELOPER'S compliance with
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.
0.
2. The CITY shall, as a condition of the DEVELOPER
executing this Agreement, make available to the DEVELOPER or
Its nominee successors or assigns, building permits for the
construction of the project.
SECTION XII. OCCUPANCY PERMITS:
Permits shall be for any part of the proposed project until the
It is expressly understood and agreed that no Occupancy
City's Engineers have determined that:
A. The road improvements to Tess Corners Drive and surface
water drainage facilities required to serve the project
are connected with. an operating system as required
herein, and
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 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 XIV. FINANCIAL GUARANTEE
DEVELOPER shall file with the CITY a Letter of Credit setting
forth terms and conditions approved by the CITY Attorney in the
amount of $74,000 as a guarantee that the required plans,
improvements, and approvals will be completed by the DEVELOPER
and his subcontractors no later than one (1) year from the
signing of the Agreement, except if an earlier date is provided
within this agreement and as a further guarantee that all
obliaations to the subcontractors for work on the Project are
Prior to the execution of this Agreement by the City, the
satisfied and all other obligations of the agreement ire -'
satisfied.
SECTION XV. PARTIES BOUND
"
this Agreement or any part herein as it applies to any phase of
the development.
DEVELOPER or its assignees shall be bound by the terms of
SECTION XVI. ASSIGNMENT
written consent of the CITY.
DEVELOPER shall not assign this Agreement without the
SECTION XVII. AMENDMENTS
approved by the Common Council and shall be made part
of this agreement.
Any amendments to this agreement or Exhibits shall be
IN WITNESS HEREOF, DEVELOPER AND CITY have caused this
Agreement to be signed by their appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts
on the date and year first written above.
DEVELOPER:
By :
By :
See.
CITY OF MUSKEGO
By :
David L. DeAngelis, Mayor
By :
Jean Marenda, Clerk
STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me this f- day of J~u E
1993 the above-named &rzLn~g, President, and JS*Y
.desc.~h , Secretary, of+aue LfcEpC.- L~P, to me known to be such
President and Secretary of said corporation, and acknowledged
that they executed the foregoing instrument as such officers as
the deed of said , by its authority.
rf /
/
/!&-./ /" I
Notary Public, Waukesha, WI
LL€" AI -r,EJiRI
My Commission Expires:
STATE OF WISCONSIN )
WAUKESHA COUNTY )
)
Personally came before me this day of
Marenda, CITY Clerk, of the above-named municipal corporation
1993, the above named David L. DeAngelis, Mayor, and Jean K.
CITY of Muskego, to me known to be the persons executed the
Clerk of said Municipal corporation, and acknowledged that they
foregoing instrument, and to me known to be such Mayor and CITY
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 1993.
Notary Public, Muskego, WI
My Commission Expires: