CCR1993169COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #169-93
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
APPROVAL OF FINAL PLAT,
Lakeview Highlands Subdivision
WHEREAS, a Final Plat was submitted on April 13, 1993 for
Lakeview Highlands Subdivision, a 21-lot Subdivision in the SW
1/4 of Section 5; and
WHEREAS, the Final Plat combines the Preliminary Plats for
Addition #1 (originally 9 lots); and
Lakeview Highlands (originally 30 lots) and Lakeview Highlands
WHEREAS, the Preliminary Plats were approved in Resolution
#275-89 and Resolution #203-91; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Lakeview Highlands, 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 Lakeview Highlands
objecting and approving agencies, and receipt of all fees as
Subdivision, subject to approval of the City Engineer and all
provided in Section 10 of the Land Division Ordinance.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Lakeview Highlands, 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.
BE IT FURTHER RESOLVED that all above conditions of approval for
the Final Plat, Subdivider's Agreement and Letter of Credit must
be met 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.
.
0 Resolution #169-93
DATED THIS 13TH DAY OF JULY , 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 #169-93 which was adopted by the Common Council of 0 the City of Muskego.
7/93jmb
SUBDIVIDER'S AGREEMENT
This agreement made this day of
=VIEW DEVELOPMENT PARTNERSHIP, the "Subdivider," and the CITY OF MUSKEGO, a
munlclpal corporation of the State of Wisconsin, located in Waukesha County,
hereinafter called the "City."
"
, 1993, by and between
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a proposed
final plat for LAKEVIEW HIGHLANDS, a boundary description of which is attached
hereto as Exhibit "A": the original of which will be recorded with the Register
of Deeds for Waukesha County and a copy of which is on file in the Office of the
City Clerk, for which a final plat was approved by the City, on
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
Subdivider 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 specifications without cost to said
municipality; and
WHEREAS, the City's Engineers, Public Works Committee, Public Utility
Committee and Finance Committee have duly approved, contingent of certain other
approvals, the Subdivider's plans and specifications for Subdivision
improvements, and the City's Plan Commission and the Comon Council have duly
approved the final plat of LAKEVIEW HIGHLANDS, contingent upon the execution and
performance of this Agreement by the Subdivider. a
NOW, THEREFORE, in consideration of the covenants herein contained, the
parties hereto agree as follows:
SECTION I. IMPROVEMENTS
The Subdivider, entirely at its expense, shall:
A. Roads and Streets: Grade and improve all roads and streets in LAKEVIEW
HIGHLANDS, 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.
B. Surface Water Drainaqe:
the City Engineer and Public Works Committee for storm and surface water
1. Construct, install, furnish and provide facilities as approved by'
drainage throughout the entire Subdivision, and provide for sump pump discharge
to a tile or storm sewer system, a11 in accordance with-the plans and
specifications attached hereto, made a part hereof' and marked Exhibit "C".
2. The City shall furnish the Subdivider 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 therein.
3. Grade and improve all lots in conformance with said Exhibit "C".
c. Water: Not applicable (no Exhibit "D")
D. Sanitary Sewer:
1. The Subdivider shall construct, install, furnish and provide a
complete sanitary sewage collection system throughout the entire Subdivision,
Exhibit "E". The cost of the preparation of as-built plans shall be paid by the
all in accordance with the plans, specifications and drawings attached hereto as
Subdivider.
2. The City shall furnish the Subdivider such permits or easements as
may be required by any public streets or public property to enter upon and
install the above described sewage system therein.
3. The Subdivider shall complete, to the satisfaction of the City
Engineers, any remaining punch list items concerning the sanitary sewer system
within 30 days after connection to the first residence of the sanitary sewer
system.
E. Landscapinq:
1. Preserve existing trees outside of the public right-of-way,
wherever practical, in the construction of the Subdivision improvemenrs.
2. Remove and lawfully dispose of all old barns, outbuildings,,
destroyed trees, brush, tree trunks, shrubs and other similar natural growth and
all rubbish.
3. The Subdivider shall plant street trees in accordance with Section 0 8.13 of the Muskego Land Division Ordinance and Resolution #P.C. 101-93.
F. Erosion Control Measures
1. The Subdivider shall construct, install, furnish and provide a
complete system of erosion control devices or measures in specified areas of the
Subdivision, as approved by the City Engineer and Building Inspection Department
and in accordance with the plans and specifications attached hereto as Exhibit
"F" also in accordance with Chapter 29 of the City's Municipal Code.
2. Install silt fencing in conformance with the approved plans prior
Subdivider until such time as turf cover is established in the Subdivision. No
to the grading and construction work. Such fences shall be maintained by the
grading shall occur without a two day notice to the City.
Chapter 29.
3. Mulching and seeding of all terraced areas to comply with
4. The Subdivider is responsible for-obtaining erosion control permits
for the site for controlling erosion on the site and each individual lot owner
.vegetation is disturbed and responsible for controlling erosion on their lot.
is responsible for obtaining a separate erosion control permit at the time any
5. Ten thousand dollars ($10,000.00) from the Letter of Credit (under
determined by the Building Inspection Department. A reduction of fifty percent
Section XIV), shall be retained until adequate vegetation is established as
2
(50%) of the Ten thousand dollar ($10,000.00) portion of the Letter of Credit is
allow&le upon verification of fifty percent (50%) of disturbed areas are
vegetaled. If, upon u written notification by the Building Inspection
DepdrLInent of non-compliance of Chapter 29, the terms are not corrected within 0 five (5) days, the City my utilize the Ten thousand dollar ($10,000.00) portion
of the Letter of CrodiL to correct the terms ot non-confomance.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The Improvements set forth in Section I above shall be completed by the
Subdividar in total wilhin twelv? (12) months of the date of this agreement
being signed except if an earlier date is provided for in the agreement.
SECTION 111. DEDICATION
Subject to all of the other provisions of this agreement, the Subdivider
shall, wiLhout charge to the Cit:(, upon completion of the above described
improvements, unconditionally gix, grant, convey and fully dedicate the roads
and Htrsets, sanitary aewers, storm and surface water drainage facilities
(excluding those facilities which are to be owned and maintained by the
Homeowners Aasociation) to the CiLy, its successors and assigns, forever, free
arid clear of all encdrances whatever, together with and including, wlthout
limitation becautie of enumeratio~~, any and all land, buildings, structures,
mains, conduila, pipe lines plat.. machinery, equipment, appurtenances and
hereditments which may in ally wily be a part of or pertain to such improvements
ard together with any and all necessary easements for access thereof. The City
will be receptive to the dedications of said improvements, except for street
dedicatlon, which Shall first recleive the first lift of asphalt prior to
dedication, when all facilities Elre completed and approved by the City
Enqirlnars, 0
SUBJECT IV. INSPECTIONS ANI' ADMINISTRATION FEES
The subdivider shall pay ant reimburse the City in advance of the signing
Of the Agreement, in accordance with Section 10 of the City's Land Division
Ordlnance arld at times specified herein, but in any event, no later than 30 days
after billing, cll fees, rxpenEer and disbursements which shall be incurred by
the CiCy prior to and following the date hereof in connection with or relative
covered by section I, including without limitation by reason of enumeration,
to Lhe constmction, installation, dedication and acceptance of the improvements
design, enginrerirly, preparing, checking and review of designs, plans and
specifications; aupervision, inspection to insure that construction is in
ordinance.; legal, administrative and fiscal work undertaken to assure and
compliance with the applicable plans, specifications, regulations and
inlplwent auch compliance.
SECTION V. MISCELLANEOUS FrE2UIREMENTS
The Subdividor shall:
A. Easements: Provide any aasements on the Subdivider's land deemed
easements are along loL lines and are not any more restrictive to the building
neceuHary by the City Engineers b,.fore the final plat is signed, provided such
of homes beyund the applicable sideyard and offset distances required by the
zoning for Such late.
B. Street Siqns: Reimburse the City for the cost of all street signs,
traffic signs and posts including the cost of their installation.
0 c. Manner of Performance: Cause all construction called for by this
agreement to be carried out and performed in a good and workmanlike manner.
D. Survey Monuments: Properly place and install any lot, block or other
monuments required by state statute or City ordinance.
proof of recording prior to sale of lots for LAKEVIEii DEVELOPMENT PARTNERSHIP in
the form attached hereto, make a part hereof and marked Exhibit "G". The deed
E. Deed Restrictions: Execute and record deed restrictions and provide
. restrictions shall also contain the following language:
"Each lot owner must strictly adhere to an6 finish grade his lot in
accordance with the Master Grading Plan on file in the office of the Subdivider
and the office of the City Building Inspector unless approved by the City
Engineer. The subdivider and/or the City 'and/or the agents, employees or
independent contractors shall have the right to enter upon any lot, at any time,
for the purpose of inspection, maintenance, correction of any drainage condition
and the property owner is responsible for cost of the same."
Exhibit "C" showing the street grade in front of eacn lot, the finished yard
F. Grades: Furnish to the Building Inspector of the City a copy of
grade, the grade of all four corners of the lot, and the lot corner grades of
the buildings on adjoining lots where applicable, as existing and as proposed.
G. Sight Distances: Restricts lots on the face of the plat so that no
structure of any kind which exceeds a height of 2 1/2 feet above the center of
the mtersection'shall be permitted in the vision se-back area in conformance
with Section 17:5.02(2) F&G of the Zoning Ordinance.
H. Sump Pump Connections: The Subdivider shall furnish to the plumbing
attached hereto and made part hereto and marked Exhibit "H" showing the inspector of the City a copy of storm drains and cleznout locations in the form
locations of connections whereby sump pump drains can be connected from each
dwelling to the storm sewer system. The ends of eacn line shall have a clean
out in conformance with the City Standard Details.
I. Wetlands Restoration: The letter of credit which was established for
the restoration of wetlands remains at $5,000 to restore wetlands by September
15, 1993. The City shall draw on the letter,of credit if said wetlands are not
restored by said date.
of the City's Land Division Ordinance.
J. Street Lights: Install street lights in accordance with Section 8.11
K. Permits: Submit to the City valid copies of all agency permits
including the Wisconsin DNR and U.S. Army Corps of Engineers.
L. Sewer Extension Permits:
the City code, granted the Subdivider 60 sewer extension permits for the
1. The City of Muskego has, pursuant to the provision of Chapter 21 of
development of all lands contemplated by the Subdivi6er in all phasesof this
4
development including future phases. The Subdivider is using 21 of the
above-noted sewer extension permits in the phase of development which is the
subject of this Subdivider's Agreement and shall secure the installation of said
sewer extensions as provided elsewhere in this agreement and as required by the
City code. There will then remain 39 sewer extension permits for future phases
of the development.
and the allocation of said capacity shall cease to the extent that said.sewer
2. The remaining 39 extension permits shall automatically terminate
extension is not certified, by a representative' appointed by the City to make
of the execution of the present Subdivider's Agreement.
said certification, to be completely constructed and approved within four years
3. The Subdivider may, within the four year period referred to above,
request that the City enter into an additional Subdivider's Agreement for the
next phase of the development. Any remaining sewer extension permits which have
not been used within the four years as noted above may be extended pursuant to
the terms of said Subdivider's Agreement provided, however, that the
installation of sewer extensions must be secured as provided in this agreement
or, when not prohibited by other ordinances or resolutions of the City, upon
other security deemed appropriate by the City and un'der terms and conditions
satisfactory to the City and in accord with tine City's ordinances, resolutions
and policies. Any remaining sewer extension permits not secured as provided
herein shall expire within four years of the iate of execution of that
subsequent Subdivider's Agreement.
4. The Subdivider may request additional Subdivider's Agreement be
entered into for subsequent phases. Any such agreement shall be subject to the
same terms and conditions as stated in subsections 1, 2 and 3 above.
permits granted to the Subdivider as referenced in this agreement shall
automatically terminate and the allocation of said capacity shall cease on the
21st day of December, 2002.
5. Notwithstanding any of the above provisions, all sewer extension
SECTION VI. GUARANTEES
The Subdivider shall guarantee the public roads and streets, sanitary
sewers, surface water drainage improvements and all other improvements described
in Section I, items A, B, and D, hereof, against defects due to faulty materials
or workmanship provided that such defects appear with a period of one year from
the date of dedication and acceptance. The Subdivider 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
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, the Subdivider
shall indemnify and save harmless and agrees to accept tender of defense and to
defend and pay any and all reasonable legal, accounting, consulting, engineering
and other expenses relating to the defense of any claim asserted or imposed upon
by the City, its officers, agents, employees and independent contractars growing
5
Out of this Agreement as stated above by any party or parties. The Subdivider
City, its officers, agents, employees and any independent contractors hired by
shall also name as additional insureds on its general liability insurance the
the City to perform service as to this subdivision and give the City evidence of
the same upon request by the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS
The Subdivider 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.
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 City Engineer, City Finance Committee
and Common Council.
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 in accordance with the
requirements of Section 29.06 of the City's Erosion Control Ordinance
(Ord. #560).
0 SECTION XI. CONSTRUCTION PERMITS, ETC.
A. The City shall, within its authority, issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit the
Subdivider to construct the improvements in accordance with the plans and
specifications called for by this agreement, upon the Subdivider's compliance
with any deposit provisions or other requirements of the applicable ordinances
or regulations; and the City shall cooperate with the Subdivider in obtaining
authorities having jurisdiction in the premises.
similar permits, resolutions and documents as may be necessary from other
B. The City shall, as a condition of the Subdivider executing this
Agreement, make available to the Subdivider or its nominee successors or
assigns, building permits for the construction of single family residences
subject to the provisions of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
The Subdivider shall be allowed to construct no more than two model homes.
It is expressly understood and agreed that no occupancy permits shall be issued
either for the said model homes and no building permits or occupancy permits
shall be issued for any other homes until the City's Engineers have determined
that:
serve such homes are connected with an operating system as required herein.
A. The sanitary sewer and surface water drainage facilities required to
6
B. The Building Inspector verifies that the installation of the first lift
of asphalt has been installed.
C. No building permits shall be issued prior to all signatures being
obtained on the deed restrictions. (Exhibit "G")
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS
reference, and all such provisions shall bind the parties hereto and be a part
All the provisions of the City's Ordinances are incorporated herein by
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
Prior to the execution of this Agreement by the City, the Subdivider shall
file with the City a Letter of Credit setting forth terms and conditions
approved by the City Attorney in the amount of $300,000.00 as a guarantee that
the required plans, improvements, and approvals will be completed by the
Subdivider and his subcontractors no later than one year from the signing of
as a further guarantee that all obligations to the subcontractors for work on
this Agreement, except if an earlier date is provided within this agreement and
the Subdivision are satisfied.
SECTION XV. PARTIES BOUND 0
The 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
of the City.
The Subdivider shall not assign this Agreement without the written consent
SECTION XVII. AMENDMENTS
Any amendments to this agreement or exhibits shall be approved by the
Common Council and shall be made part of this Agreement.
IN WITNESS WHEREOF, the Subdivider and City have caused this Agreement to
be signed by their appropriate officers and their seals to be hereunto affixed
0 in duplicate original counterparts on the date and year first written above.
LAKEVIEW DEVELOPMENT PARTNERSHIP
WILLIAM KROEGER - PARTNER
ELMER J. SOMMERS - PARTNER
STATE OF WISCONSIN),,
COUNTY OF WAUKESHAI
Personally came before me this day of
named WILLIAM KROEER, Partner, and ELMER J. SOMMERS, Partner, to me known to be
, 1993, the above
such Partners of said corporation, and acknowledged that they executed the
foregoing instrument as such Partners as the deed of said LAKEVIEW DEVELOPMENT
PARTNERSHIP, by its authority.
My commission expires
NOTARY PLTBLIC -
CITY OF MUSKEGO
DAVID L. DeANGELIS - MAYOR
JEAN K. MARENDA - CLERK
STATE OF WISCONSIN),,
COUNTY OF WAUKESHA)
named DAVID L. DeANGELIS, Mayor, and JEAN K. MARENDA, Clerk, of the above-named
municipal corporation CITY OF MUSKEGO, to me known to be the persons who
executed the foregoing instrument, and to me known to be such Mayor and Clerk of
said municipal corporation, and acknowledged that they executed the foregoing
authority, and pursuant to the authorization by the Common Council from their
instrument as such officers as the deed of said municipal corporation by its
meeting on the day of , 1993.
Personally came before me this day of , 1993, the above
My commission expires
NOTARY PUBLIC -
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the 0 Subdivider's Agreement for LRKEVIEW HIGHLANDS SUBDIVISION, Muskego, Wisconsin,
as entered into on the day of , 1993, by and between LAKEVIEW
DEVELOPMENT PLRTNERSHIP, and the CITY OF MLISKEGO, pursuant to the authorization
by the Common Council for their meeting on the day of , 1993.
JEAN K. MARENDA - CITY CLERK
CITY OF MUSKEGO, WISCONSIN
9
JUL 13 'Y3 1U:43 M&l tiK WHUKtSHH 414 b4Y bb14 I u:
Marshall & llsley E3ank - Milwaukee. Wmonsm
lnlernnllonal Banking Dupartment
-
"NON.NEGOTlA8LE COPY"
Date: July 12, 1993
IRREVOCABLE S!rANDBY LETTER OF CREDIT NO. 6b 3648
BENEFICIARY: APPLICANT:
U182 S8200 Racine Avenue
City of Muskego
Muskego, VI 53150 UZZO Nl6OO Jerlcho Court
AWiscon.lnGeneralPsrtnership
tskeviev Development
Waukeshk, VI 53186
WIMvn MOUNT:
US$300,000.00
eXPIUTIONDATEATOUR COUNTERS:
October 12, 199&
Gentlemen:
We hereby open our Irrevocable Scandby Letter of Credit No. SB 36&8
in your favor, vhich :.s available by your draft at SIGHT not to
exceed THREE HUNDUD THOUSAND AND N0/100 U. S. DOLLARS
clause: "Dram under Letter of Credit No. SB 3648 dated July 12,
(US$300,000.00) drawn cln the M6I Marshall 6 Ilsley Bank bearing the
1993 of the MhI Marshall 6 Ilsley Bank." Your draft must be
accompanied by:
1) The original Letter of Credit and subsequent ArPendment(s); and
2) A statement on Beneficiary'~ letterhead signed by an
individual purpoxing to be an official of the Beneficiary,
certifying: 'takeview Development, a Wfeconaln General
Parcnership, has fhlled to fulfill ita obligations outlined in
a certain Subdivider's Agreement dated between
City of Muskego and takevlew Development, n Wisconsin General
Partnership. ?he amount of our drafts represents the
estimated amount necessary far the City of Muskego to complete
such obligations."
One drawing is permitted, up to the then Maximum Amount outstanding.
It is our understandin!; the amount of this Letter of Credit may be
reduced, from the to elme, upon our receipt of nn Amendment request
from the Applicant, and our issuance of an Amendment, and our
receipt of the Beneficiary's wrltten agreement to such Amendment.
This Letter of Credit nets forth in full our undertaklng, and such
undertaking shall not in any way be modified, amplified, or limlted
by reference to any document, Instrument or agreement referred to in
referred to herein, and any such reference shall not be deemed to
this Letter of Credit, except only the Uniform Customs and Practice
incorporate herein by reference any document, instrument, or
* ...~ ,.. ..IC
Marshall 4% llsley 13ank
Milwaukee. Wisconsin
Intemrtlonrt Banktng Department “NON.NEGOTIABLE COPY“
PACE 2, which forms an integral p8Kt of Irrevocable Standby Letter
of Credit No. SB 36U dated July 12, 1993 in favor of City of
Huskego,
This Standby Letter of Credit vi11 expire on the 12th day of
October, 1994 provided, however, we shall give vrltten notice 90
days prior to the E:xplretion Date to the Beneficiary of our
Date, this Letter of Credit vi11 only terminate upon our written
intentlon to honor thla Expiration Date. After naid Expiration
notice to the Beneficiary stetlng the new Expiration Date, vhich
ehall be 4 date at lectet 90 days after date of such notice.
The Letter of Credit is subject to che Uniform Customs and Practice
for Documentary Credi.:e (1983 Revision), International Chamber. of
Commerce Publication No. 400.
Presentatlon of your documents undsr thls biter of Credit is
Water Street, no later than 5:OO p.m. (Milwaukee time) on or before
restricted to our International Department counters nt 170 North
the Expiration Date.
All banking fees/charges/expenses nre for the account of the
Applicant.
Ue egrae that draft($) dram in accordance with the terms stipulated
vi11 be duly honored upon presentation and delivery of documents sa
specified if presented. to us an os before the than Expiratlon Date.
M6I MARSHALL h ILSLEY BANK