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CCR1993192AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #192-93 SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT APPROVAL OF FINAL PLAT, Lutsch Estates WHEREAS, a Final Plat was submitted on June 29, 1993 for 10 single family lots and one outlot for Lutsch Estates, in the NE 1/4 of Section 11; and WHEREAS, the Preliminary Plat was approved in Resolution #148-93; and WHEREAS, the Plan Commission has recommended approval subject to the final recommendations of all approving agencies and any required documents; and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Lutsch Estates, 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 10 single family lots and subject to approval of the City Engineer and all objecting and approving agencies, receipt of all fees as provided in Section 10 of the Land Division Ordinance, and any required documents. BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for Lutsch Estates, as attached, are 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. 0 one outlot for Lutsch Estates, in the NE 1/4 of Section 11 0 Resolution #192-93 BE IT FURTHER RESOLVED that the Common Council President and Clerk are hereby authorized to sign the necessary documents in the name of the City. DATED THIS lOTH DAY OF AUGUST , 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 #192-93 which was adopted by the Common Council of the City of Muskego. 8/93jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #192-93 SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT APPROVAL OF FINAL PLAT, Lutsch Estates WHEREAS, a Final Plat was submitted on June 29, 1993 for 10 single family lots and one outlot for Lutsch Estates, in the NE 1/4 of Section 11; and WHEREAS, the Preliminary Plat was approved in Resolution #148-93; and WHEREAS, the Plan Commission has recommended approval subject to the final recommendations of all approving agencies and any required documents; and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Lutsch Estates, 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 10 single family lots and one outlot for Lutsch Estates, in the NE 1/4 of Section 11 subject to approval of the City Engineer and all objecting and approving agencies, receipt of all fees as provided in Section 10 of the Land Division Ordinance, and any required documents. BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for Lutsch Estates, as attached, are 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. a Resolution #192-93 BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby City. authorized to sign the necessary documents in the name of the DATED THIS DAY OF , 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 City of Muskego. Resolution #192-93 which was adopted by the Common Council of the 8/93 jmb City Clerk State Bank Hales Corners P.O. Box 405 S76 W17655 J Mu&?c?&6Nf%??'??f $W""" anewil"- AMOUN? ~ TO City of Muskego Muskego, WI 53150 DATE WE HEREBY AU?liORKE YOU TO DRAW ON US FOR THE ACCOUNT OF Shirley i(rahn for LIJ :tsch. Estat :es UP TO AN AGGREGATE AMOUNT OF 9 76 AVAILABLE BY YOUR DRAFTISI AT SIGHT TO BE ACCOMPANIED BY .. We hereby issue this Irrevocable Standby Letter of Credit in xour favor (the beneficiary's) which is available by beneficiary's draft(s) at sight drawn on State Bank Hales Corners, Hales Corners, Wisconsin. Each draft and accompanying documents must state "?Irawn Under 1 State Bank Hales Corners, Hales Corners, WI, Letter of Credit No. 9314. ' This Standby Letter of Credit is to provide security to the City of Muskego for the performance of Shir1.y Krahn oblieattons to complete all improvements required by Subdividers Agreement between Shiri'zy Krah and the City of Muskego, property reference currently being Tax Key No. a. afts are to be accompanied by a statement by the Mayor of the City of Muskego stating lrley Krahn has failed to complete the construction of all improvements in accordance with said agreement. Said statement shall set forth the estimated amount necessary for the City of Muskego to complete such improvements. Special Conditions: See Reverse Side. ALL DRAFlS MUST BE MARKED "DRAWN UNDER LETTER OF CREDIT OF-BankHales- INAM OF ISSUING 0WK.I NO. 9314 DATED , 19-." CHAMBER OF COMMERCE BROCHURE NO. 400. WE AGREE WITH YOU TO PAY DRAFTlSl DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS THIS CREDIT IS SUWECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11383 REVISIONI. INTERNATIONAL OF rws CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS L~ER OF CREDIT ON OR DEFORE THE CLOSE OF OUR BUSINESS ON Slock No. 11244 State Bank- CorneJ-s SUBDIVIDER'S AGREEMENT This Agreement, made this and between The Albert Lutsch Estate, "The Developer" and the City day of , 1993, by of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City." WITNESSETH WHEREAS, the Developer has submitted for approval by the City which is attached hereto as Exhibits A, the original of which will a proposed Final Plat for Lutsch Estates, boundary description of be recorded with the Register of Deeds of Waukesha County and copies of which are on file in the.0ffice of the City Clerk, for which a Final Plat was approved by the City on I 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 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 Committee and Finance Committee have duly approved, contingent of WHEREAS, the City's Engineers, the City's Public Works certain other approvals, Developer's plans and specifications for Council have duly approved the final plat of Lutsch Estates, subdivision improvements, and the City's Plan Commission and Common 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: REVISED AUGUST 9, 1993 -1- LUTSCH SUBDIVIDER'S AGREEMENT 0 PAGE SECTION I. IMPROVEMENTS: The Developer, entirely at his expense, shall: A. DITCHING: 1. Grade and improve a roadside ditch along Woods Road and provide a concrete invert in that portion shown on the plans and specifications attached hereto, made a part hereof and marked Exhibit "B" , all in accordance with the City's street specifications. B. MASTER GRADING PLAN: 1. Grade and improve all lots in conformance with the Master Grading Plan attached hereto and made a part hereof and marked Exhibit "B". C. EROSION CONTROL MEASURES 1. DEVELOPER shall construct, install, furnish and provide a complete system of Erosion Control Devices or measures in specified areas of the Development, as approved by the City Engineer and Building Inspection Department and in accordance with the plans and specifications attached hereto as Exhibit "B" also in accordance with Chapter 29 2. Install silt fencing in conformance with the of the City's Municipal Code. approved plans prior to the grading and by the DEVELOPER until such time as turf cover is construction work. Such fences shall be maintained established in the Development. No grading shall occur without a two (2) day notice to the City. 3. Mulching and seeding of all terraced areas to 4. The DEVELOPER is responsible for obtaining Erosion comply with Chapter 29. Control Permits for the site for controlling erosion on the site and each individual lot owner is responsible for obtaining a separate erosion disturbed and are responsible for controlling control permit at the time any vegetation is erosion on their lot. LUTSCH SUBDIVIDER'S AGREEMENT PAGE 3 5. One Thousand Dollars ($1,000.00) from the Letter of adequate vegetation is established as determined by Credit (under Section XII), shall be retained until the Building Inspection Department. A reduction of fifty percent (50%) of the One Thousand Dollars ($1,000.00) portion of the Letter of Credit is allowable upon verification of fifty percent (50%) of disturbed areas are vegetated. written notification by the Building Inspection If , upon a Department of non-compliance of Chapter 29, the terms are not corrected within five (5) days, the City may utilize the One Thousand Dollars ($1,000.00) portion of the Letter of Credit to correct the terms of non-conformance. SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section I above shall be completed within one (1) year from signing of this Agreement except if an earlier date is provided for in the Agreement. SECTION 111. INSPECTIONS AND ADMINISTRATION FEES: signing of the Agreement, in accordance with Section 10 of the DEVELOPER shall pay and reimburse the City in advance of the CITY'S Land Division Ordinance and at times specified therein but in any event, no later than thirty (30) days after billing, all CITY prior to and following the date hereof in connection with or fees, expenses and disbursements which shall be incurred by the acceptance of the improvements covered by Section I, including relative to the construction, installation, dedication and without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications; construction is in compliance with the applicable plans, supervision, inspection to insure that specifications, regulations and ordinances; legal, administrative and fiscal undertaken to assure and implement such compliance. SECTION IV. MISCELIANEOUS REQUIREMENTS: The DEVELOPER shall: A. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a B. Survey Monuments: Properly place and install any lot, good and workmanlike manner. block or other monuments required by State Statute or City Ordinance. LUTSCH SUBDIVIDER'S AGREEMENT 0 PAGE 4 C. Grades: Furnish to the Building Inspector and the CITY a Copy of Exhibit "B" showing the street grade in front of each lot, the finished yard grade, the grade of all four (4) corners of the lot and grades of the buildings on adjoining lots, where applicable, as existing and as proposed. SECTION V. GUARAUTEES: The DEVELOPER shall guarantee the surface water drainage A, B, and C, hereof, against defects due to faulty materials or improvements and other improvements described in Section I, Items 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 situation. 0 SECTION VI. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by to accept tender of defense and to defend and pay any and all reference, SUBDIVIDER shall indemnify and save harmless and agrees reasonable legal, accounting, consulting, engineering, and other expenses relating to the defense of any claim asserted or imposed upon the City, its officers, agents, and employees and independent contractors growing out of this agreement as stated above by any party or parties. The Subdivider shall also name as additional insureds on its general liability insurance the City, its officers, agents, employees and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request of the City. SECTION VII. 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. LUTSCH SUBDIVIDER'S AGREEMENT PAGE 5 SECTION VIII. ACCEPTANCE OF WORK AND DEDICATION: As and when the DEVELOPER 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 IX. 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 X. 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 the DEVELOPER to construct the improvements in accordance with the plans and specifications called for by this agreement, upon DEVELOPER 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. 2. The CITY shall, as a condition of the DEVELOPER executing this Agreement, make available to the DEVELOPER or their nominee successors or assigns, building permits for the construction of single family residences subject to the provision of Section XII. SECTION XI. 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 accordance with and subject to the provisions of said ordinances. required hereunder shall be performed and carried out in strict LUTSCH SUBDIVIDER’S AGREEMENT PAGE 6 SECTION XII. FINANCIAL GUARANTEE: Prior to the execution of this contract by the CITY, the DEVELOPER shall file with the CITY a Letter of Credit setting forth terms and conditions approved by the CITY Attorney in the amount of and approvals will be completed by the DEVELOPER and his subcontractors no later than one (1) year from the date of the Agreement, except if an earlier date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied. $ as a guarantee that the required plans, improvements, SECTION XIII. PARTIES BOUND: agreement or any part herein as it applies to any phase of the DEVELOPER or his assignees shall be bound by the terms of this development of the Development. SECTION XIV. ASSIGNMENT: DEVELOPER shall not assign this Agreement without the written consent of the CITY. LUTSCH SUBDIVIDER'S AGREEMENT 0 PAGE 7 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 day and year first written above. DEVELOPER: By : THE ALBERT LUTSCH ESTATE Shirley Krahn, PERSONAL REPRESENTATIVE FOR CITY OF MUSKEGO: By : David L. DeAngelis, Mayor ' 0 By: Jean Marenda, City Clerk STATE OF WISCONSIN ) ss MILWAUKEE COUNTY ) PERSONALLY came before me this day of 1993, Shirley Krahn, to me known to be the person who executed the foregoing instrument and acknowledged the same. I Notary Public-State of Wisconsin My Commission Expires '0 0 PAGE 8 LUTSCH SUBDIVIDER'S AGREEMENT WAUKESHA COUNTY STATE OF WISCONSIN ) ss ) PERSONALLY came before me this day of 1993, the above named David L. DeAngelis, Mayor, and Jean Marenda, Muskego, to me known to be the persons executed the foregoing CITY Clerk, of the above -named municipal corporation CITY of 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 I , 1993. Notary Public-State of Wisconsin MY Commission Expires I CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Develouer's Aareement for Lutsch Estates Subdivision, Muskego, L - Wisconsin, as entered into on the day of , 1993, by and between the DEVELOPER and the CITY OF MUSKEGO, Dursuant to the authorization by the Common a Council from the& meeting on the day of , 1993. Jean Marenda, City Clerk Clerk of Muskego, Wisconsin PAGE 9 LUTSCH SUBDIVIDER'S AGREEMENT LIST OF EXHIBITS LUTSCH ESTATES EXHIBIT A BOUNDARY DESCRIPTION h FINAL PLAT EXHIBIT B GRADING h EROSION CONTROL PLAN