CCR19941258 AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #125-94
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Kimberly Estates
WHEREAS, a Final Plat was submitted on March 25, 1994 for the
NE 1/4 of Section 18; and
23-lot and three outlots of Kimberly Estates Subdivision in the
WHEREAS, the Preliminary Plat was approved in Resolution #215-93;
and
WHEREAS, the Plan Commission has recommended approval subject to
satisfactory fulfillment of concerns/conditions of the City
Planning, Building and Parks Departments, the City Engineer, the
State of Wisconsin Department of Agriculture, Trade and Consumer
easement or dedication documents, and construction plans (grading
plan); and
WHEREAS, the Subdivider's Agreement and Letter of Credit have
been received for Kimberly Estates, as attached, and the Finance
k Protection, Waukesha County Park and Planning, any required
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 Kimberly Estates,
subject to approval of the City Engineer and all objecting and
approving agencies, and receipt of all fees as provided in
Section 10 of the Land Division Ordinance.
BE IT FURTHER RESOLVED that the Subdivider's Agreement and
Letter of Credit for Kimberly Estates, as attached, is hereby
approved subject to approval of the City Attorney, City Engineer,
and Public Works Committee 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.
Resolution #125-94
BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter
of Credit are only approved contingent upon all revisions being
incorporated into said documents as recommended by the City
Attorney, Public Works Committee, and Finance Committee.
BE IT FURTHER RESOLVED that the deferral of all sewer and water
assessments on this property will end upon the City's execution
of the Final Plat documents.
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 24TH DAY OF MAY , 1994.
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 #125-94 which was adopted by the Common Council of the
a 5/94 jmb
SUBDIVIDER'S AGREEMENT
This Agreement, made this day of , 1994, by
and between Carol A. Yaeger, Jeffrey A. Yaeger, and Kimberly M.
Wutke, the "Subdivider" and the City of Muskego, a municipal
corporation of the State of Wisconsin, located in Waukesha County,
hereinafter called the "City. "
WITNESSETH
a proposed Final Plat for Kimberly Estates, a boundary description
WHEREAS, the Subdivider has submitted for approval by the City
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 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
may require dedication of public streets, alleys or other ways
improvements reasonably necessary for the Subdivision and further,
within the Subdivision, to be conditioned upon the construction of
cost to said municipality; and
said improvements according to municipal specifications without
WHEREAS, the City's Engineers, the City's Public Works
Committee, Public Utility Committee and Finance Committee have duly
approved, contingent of certain other approvals, Subdivider's plans
and specifications for subdivision improvements, and the City's
Plan Commission and Common Council have duly approved the final
plat of Kimberly Estates, contingent upon the execution and
performance of this agreement by the Subdivider.
contained, the parties hereto agree as follows:
NOW, THEREFORE, in consideration of the covenants herein
Revised 05-24-94 -1-
KIMBERLY ESTATES
PAGE 2
SUBDIVIDER'S AGREEMENT
SECTION I. IHPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. Roads and Streets:
1. Grade and improve all roads and streets in Kimberly
Estates 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.
2. Paving of "Pedestrian Way" : As shown on Exhibit
"A" shall be completed according to City Standards.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Subdivider shall construct, install, furnish and
provide facilities as approved by the City Engineer
and Public Works Committee for storm and surface
water 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, made a part hereof and marked
Exhibit "C". The City retains the right to require
the Subdivider to install additional storm drainage
and erosion control measures prior to acceptance of
improvements by the City of Muskego.
2. The CITY shall furnish to .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
3. Grade and improve all lots in conformance with the
therein.
Master Grading Plan attached hereto and made a part
hereof and marked Exhibit "C".
topsoil and seed. Establish dense vegetation. All
Restore with
grades must be verified by Developer's Engineer
All swales and ditches must be graded to three (3)
after completion with the following tolerances:
or minus two (2) inches. Overall lot grades shall
inches below finish grade with a tolerance of plus
with the house pads from finish grade to minus one
be graded from finish grade to minus six (6) inches
(1) foot. All lot corners shall be graded to
finish grade with a tolerance of plus or minus two
(2) inches. The requirement of this paragraph
shall be complied with prior to the issuance of any
building permits by the City, excpeting model
homes. (See Section XI1.F).
0 SUBDIVIDER'S AGREEMENT
KIMBERLY ESTATES
PAGE 3
l e
4. At Subdivider's expense, and prior to acceptance of
improvements and the issuance of building permits
by the City (not including model homes which are
governed by separate agreement), all storm sewers
shall be cleaned (See Section XI1.D).
C . 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 and in accordance
with the plans and specifications attached hereto
built plans shall be paid by the Subdivider.
as Exhibit "D". The cost of the preparation of as-
2. The CITY shall furnish the Subdivider such permits
or easement as may be required in any public street
or public property to enter upon and install the
3. Any water used from hydrants shall be metered and a
above described water'system therein.
4. Subdivider shall complete, to the satisfaction of
permit taken out through the CITY OF MUSKEGO.
the City Engineers, any remaining punch list items
concerning the water system, prior to connection of
any residence to the water systems.
D. SANITARY SEWER:
1. Subdivider shall construct, install, furnish, and
provide a complete sanitary sewage collection
system throughout the entire Subdivision, as
Utilities Conunittee all in accordance with the
approved by the City Engineer and the Public
plans, specifications and drawings attached hereto
built plans shall be paid by the Subdivider.
as Exhibit "E". The cost of the preparation of as-
2. The CITY shall furnish the Subdivider such permits
or easements as may be required by any public
street or public property to enter upon and install
the above described sewage system therein.
KIMBERLY ESTATES
SUBDIVIDER'S AGREEMENT
PAGE 4
3. Subdivider shall complete, to the satisfaction of
the City Engineers, any remaining punch list items
concerning the Sanitary Sewer System prior to the
connection of any residence to the sanitary sewer
systems.
4. The Subdivider shall televise the sanitary sewer
City Engineer, and supply video tape to City of
system, repair any defects as determined by the
Muskego, and clean all sewer lines prior to the
homes and acceptance of improvements by the City
issuance of building permits, except for model
(See Section XI1.E).
E. LANDSCAPING:
1. Subdivider shall preserve existing trees outside of
the public right-of-way wherever practical, when
installing the Subdivision improvements.
2. Subdivider shall remove and lawfully dispose of:
(a) all old barns, outbuildings; (b) destroyed
trees, brush, tree trunks, shrubs and other natural
3. Subdivider shall plant street trees in accordance
growth; (c) and all rubbish.
with Section 18.13 of the Muskego Land Division
Ordinance and Resolution #P.C. 101-93.
F. EROSION CONTROL MEASURES
1. 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
the Building Inspection Department and in
accordance with the plans and specifications
with Chapter 29 of the City's Municipal Code.
attached hereto as Exhibit "F" also in accordance
2. Install silt fencing in conformance with the
approved plans prior to the grading and
construction work. Such fences shall be maintained
by the Subdivider until such time as turf cover is
established in the Subdivision. No grading shall
occur without a two (2) day notice to the City.
c
KIMBERLY ESTATES
PAGE 5
SUBDIVIDER'S AGREEMENT
0
3. Mulching and seeding of all disturbed areas to
comply with Chapter 29.
4. Subdivider is responsible for obtaining Erosion
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
5. Six Thousand Dollars ($6,000.00) from the Letter of
erosion on their lot.
Credit (under Section XIV), shall be retained until
adequate vegetation is established as determined by
the Building Inspection Department. A reduction of
fifty percent (50%) of the Six Thousand Dollars
($6,000.00) 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 Six Thousand Dollars
($6,000.00) portion of the Letter of Credit to
time, additional funds may be required in the
correct the terms of non-conformance. From time to
maintenance as deemed appropriate by the
Developer's Deposit to cover the cost of
Department.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be
completed by the Subdivider in .total within one (1) year from
signing of this Agreement or except if an earlier date is provided
for in the Agreement. The final surface course pavement shall be
deferred until ninety percent (90%) of the homes have been
completed or 36 months after the installation of the first lift of
asphalt, whichever comes first. The Letter of Credit shall be
increased annually by the cost of living factor published by the
Federal Government.
KIMBERLY ESTATES
SUBDIVIDER'S AGREEMENT
PAGE 6
within twelve (12) months of the date of this agreement, the
If the final surface course of pavement is not completed
Subdivider shall extend the Letter of Credit in a form acceptable
to the City until such time as the final surface course of pavement
is completed. If the City receives notice of the intention to
terminate the Letter of Credit prior to completion of the final
surface course pavement, such notice shall be considered a failure
to complete improvements in accordance with this agreement and
shall entitle the City to immediately draw against the Letter of
Credit.
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 facilities (excluding
those facilities which are to be owned and maintained by the
Homeowners Association) as illustrated on Exhibit "A" and as
described in the deed restrictions, to the CITY, its successors and
together with and including, 'without limitation because of
assigns, forever, free and clear of all encumbrances whatever
enumeration, any and all land, buildings, structures, mains,
and hereditaments which may in any way be a part of or pertain to
conduits, pipes lines, plant, machinery, equipment, appurtenances
such improvements and together with any and all necessary easements
for access thereto. The CITY will be receptive to the dedications
of said improvements, except roads and surface water drainage
facilities, after the first lift of bituminous concrete pavement
has been installed, when all said utilities have been completed and
approved by the City Engineers and other agencies as applicable.
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
signing of the Agreement, in accordance with Section 18.10 of the
Subdivider shall pay and reimburse the City in advance of the
CITY'S Land Division Ordinance and at times specified herein, but
in any event, no later than thirty (30) days after 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, including
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 work undertaken to assure and implement such compliance.
0 KIMBERLY ESTATES
PAGE 7
SUBDIVIDER’S AGREEMENT
,o
SECTION V. HISCELLAWEOUS REOUIREKENTS:
The Subdivider shall:
A. Easements: Provide any easements on Subdivider‘s land
deemed necessary by the City Engineers prior to the Final
Plat being signed, provided such easements are along lot
lines or to the rear of the lots and are not any more
restrictive to the building of homes beyond the
applicable sideyard and offset distances required by the
B. Street Siqns: Reimburse the CITY for the cost of all
zoning for such lots.
street signs, traffic signs and posts, including the cost
of their installation.
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.
E. Deed Restrictions: Execute and record deed restrictions
and provide proof of recording prior to sale of lots by
Carol A. Yaeger, Jeffrey A. Yaeger and Kimberly M. Wutke,
in Kimberly Estates, in the form attached hereto, made a
part hereof and marked Exhibit “G”.
restrictions shall contain the following language:
The deed
his lot in accordance with the Master Grading Plan on
“Each lot owner must strictly adhere to and finish grade
file in the office of the Subdivider and the office of
the City Building Inspector unless a change is 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,
forthe purpose of inspection, maintenance, correction of
any drainage conditions and the property owner is
responsible for the cost of the same.”
F. Grades: Furnish to the Building Inspector and the CITY a
copy of Exhibit “C“ showing the street grade in front of
each lot, the finished yard grade, the grade of all four
adjoining lots, where applicable, as existing and as
(4) corners of the lot and grades of the buildings on
proposed.
0
KIMBERLY ESTATES
PAGE 8
SUBDIVIDER'S AGREEMENT
G.
H.
I.
J.
K.
plat so that no structure of any kind which exceeds a Siqht Distances: Restricts lots on the face of the
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) of the Zoning
Ordinance.
the Plumbing Inspector of the CITY a copy of storm drains
Sump Pump Connections: The Subdivider shall furnish to
made part hereof and marked Exhibit "H" showing the
and clean out locations in the form attached hereto and
locations of connections whereby sump pump drains can be
connected from each dwelling to the storm sewer system.
The ends of each line shall have a clean out in
conformance with the City Standard Details.
Street Liqhts: Install street lights in accordance with
Section 18.0911 of the City's Land Division Ordinance.
Permits: Submit to the CITY valid copies of all agency
permits including the Wisconsin D.N.R. and U.S. Army
prior to any preconstruction meeting.
Corps of Engineers before construction commences and
pursuant to the provision of Chapter 21 of the City Code,
Sewer Extension Permits: (a) The City of Muskego has,
Equivalent Connections (REC's) as defined in Section
granted the Subdivider twenty-six (26) Residential
development of all lands contemplated by the Subdivider
21.04 (22) of the City's Sewer Utility Ordinance, for the
phases. Subdivider is using twenty-three (23) of the
in all phases of this development including future
above-noted REC's 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 three (3) REC's of
capacity for future phases of the development.
(b) The remaining three (3) REC's of capacity shall
automatically terminate and the allocation of said
capacity shall cease to the extent that said sewer
extension is not certified, by a representative appointed
by the City to make said certification, to be completely
constructed and approved within four (4) years of the
execution of the present Subdivider's Agreement.
KIMBERLY ESTATES
PAGE 9
SUBDIVIDER'S AGREEMENT
referred to above, request that the City enter into an (c) The Subdivider may, within the four year period
additional Subdivider's Agreement for the next phase of
the development. Any remaining REC's 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
of the City, upon other security deemed appropriate by
or when not prohibited by other ordinances or resolutions
the City and under terms and conditions satisfactory to
the City and in accord with the City's ordinances,
resolutions and policies. Any remaining REC's not
of the date of execution of that subsequent Subdivider's
secured as provided herein shall expire within four years
Agreement.
(d) The Subdivider may request additional Subdivider's
Agreement(s) be entered into for subsequent phases. Any
such agreement shall be subject to the same terms and
conditions as stated in subsections (a), (b) and (c)
above.
unused sewer capacity granted to the Subdivider as
(e) Notwithstanding any of the above provisions, all
referenced in this agreement shall automatically
terminate and the allocation of said capacity shall cease
on the 21st day of December, 2002.
L. Pasadena Drive: Stub ends of Pasadena Drive shall not be
temporary cul-de-sacs. This stipulation is allowed with
required to be constructed to contain the provisions of
the understanding that no access shall be permitted to
Pasadena Drive from adjacent lots. It is also understood
that the City shall not engage in snow removal activity
on subject stub ends until lands to the North and South
of said stub ends develop.
KIMBERLY ESTATES
PAGE 10
SUBDIVIDER'S AGREEMENT
SECTION VI. GUARANTEES:
The Subdivider shall guarantee the public roads and streets,
and all other improvements described in Section I, Items A, B, C,
sanitary sewers, watermains, surface water drainage improvements
provided that such defects appear within a period of one (1) year
& D, hereof, against defects due to faulty materials or workmanship
pay for any damages to CITY property resulting from such faulty
from the date of dedication and acceptance. The Subdivider shall
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.
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, 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 the CITY, its officers, agents, and employees, and independent
party or parties. The Subdivider shall also name as additional
contractors growing out of this agreement as stated above by any
agents, and employees, and any independent contractors hired by the
Insured on its general liability insurance the CITY, its officers,
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 shall agree 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. Further, that the sale of any
lot or parcel shall not release the Subdivider from completing the
work on the attached Exhibits.
SUBDIVIDER'S AGREEMENT
KIMBERLY ESTATES
PAGE 11
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and 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:
Land Disturbing Permit and an Erosion Control Plan in accordance
The Subdivider shall submit to the CITY, an application for a
with the requirements of Section 29.06 of the CITY'S Erosion
Control Ordinance (Ord. #560). No construction or grading can
begin until said permit is received from the CITY.
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 the Subdivider to construct the improvements in
accordance with the plans and specifications called for by this
agreement, upon 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
similar permits, resolutions and documents as may be necessary from
other authorities having jurisdiction in the premises.
this Agreement, make available to the Subdivider or their nominee
2. The CITY shall, as a condition of the Subdivider executing
successors or assigns, building permits for the construction of
single family residences subject to the provision of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
The Subdivider shall be allowed to construct no more than two
(2) 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:
A. The sanitary sewer, water and surface water
drainage facilities required to serve such homes
are connected with an operational system as
required herein, and
B. The Building Inspector verifies that the
pavement has been installed.
installation of the bituminous concrete base course
C. No Building Permits shall be issued prior to all
signatures being obtained on the Deed Restrictions,
(Exhibit "G" ) .
D. Cleaning of storm sewer system completed (See
Section I.B.4).
E. Video tape of sanitary sewer system completed (See
Section I.D.4).
F. All lot grades shall conform to the Master Grading
Plan (See Section I.B.3).
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
herein by reference, and all such provisions shall bind the parties
All the provisions of the CITY'S ordinances are incorporated
hereto and be a part of this Agreement a6 fully as if set forth at
required hereunder shall be performed and carried out in strict
length herein. This Agreement and all work and improvements
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 .$ as a guarantee that the required
plans, improvements, and approvals will be completed by the
Subdivider and his subcontractors no later than one (1) year from
signing of the Agreement, except if another date is provided within
this Agreement and as a further guarantee that all obligations to
the subcontractors for work on the Subdivision are satisfied.
KIMBERLY ESTATES
SUBDIVIDER'S AGREEMENT
PAGE 13
SECTION XV. PARTIES BOUND:
Subdivider or his 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. ASSIGRHENT:
Subdivider shall not assign this Agreement without the written
consent of the CITY.
SECTION XVII. AMENDMENTS:
agreement, by written agreement between the City and the
The City and the Subdivider, by mutual consent, may amend this
Subdivider.
0 IN WITNESS HEREOF, Subdivider 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.
Subdivider:
By :
Carol A. Yaeger
By :
Jeffrey A. Yaeger
-1 . Kimberly M. Wutke
'0 KIMBERLY ESTATES
PAGE 14
SUBDIVIDER'S AGREEMENT
CITY OF MUSKEWJ:
By :
David L. DeAngelis, Mayor
By :
Jean Marenda, City Clerk
STATE OF WISCONSIN ) ss WAUKESHA COUNTY )
PERSONALLY came before me this I
1994, Carol A. Yaeger, Jeffrey A. Yaeger and Kimberly M. Wutke, to
day of
me known to be the persons who executed the foregoing instrument
and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
WAUKESHA COUNTY
STATE OF WISCONSIN ) ss )
PERSONALLY came before me this day of I
1994, the above named David L. DeAnqelis, Mavor, and Jean Marenda.
CITY Clerk, of the above -named kunicipai 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 , 1994.
day of
,@ My Commission Expires
Notary Public-State of Wisconsin
SUBDIVIDER'S AGREEMENT
KIMBERLY ESTATES
PAGE 15
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of
the Subdivider's Agreement for Kimberly Estates Subdivision,
Muskego, Wisconsin, as entered into on the day of , 1994, by and between Carol A. Yaeger,
Jeffrey A. Yaeger, and Kimberly M. Wutke and the CITY OF MUSKEGO,
meeting on the
pursuant to the authorization by the Common Council from their
day of , 1994.
Jean Marenda, City Clerk
Clerk of Muskego, Wisconsin
0 SUBDIVIDER’S AGREEMENT
KIMBERLY ESTATES
LIST OF EXHIBITS
KIMBERLY ESTATES
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
A
B
C
D
E
F
G
H
BOUNDARY DESCRIPTION & FINAL PLAT
GRADING PLAN
STORM SEWER PLAN
WATER PLANS
SANITARY SEWER
EROSION CONTROL PLAN
DEED RESTRICTIONS
SUMP PUMP DRAINS & CLEANOUTS
05/18/94 08: 39 CITIZENS BRNK / CBM INS.
" I
P. 01
Irrovoaable Btandby Dooumontary crodit
Credit No. VN5-94-01 Amount:
Date:
Applicant: Lawrence Yaeger Ktr\.bzr\y M' U ++ ke
W136 S6597 Conrad Ct
Carol Yaeger
Muskego WI 53150
Beneficiary: City of Muskego
Muskego WI 53150
W182 68200 racine Ave
Dear Sirs:
We hereby issue this irrevocable documentary credit in your favor which is amilable by beneficiary's draft(6) at sight drawn on the Citizens Bank of Mukwonago. Each Draft accompanying d01:Uments must state ''Drawn Under The Citizens Bank of Mukwonago Documentary Credit No.
This Standby Credit il; to provide a guarantee to the City
of Muskego for the performance of Lawrence & Carol Yaeger's obligations under that certain agreement dated , 1994 between the City of Muskego and applicant.
VN5-94-01.
Draft6 Are To Be Aacocsganiod By:
A statement signed by the Ma the City of Muskego stating that Lawrence & Caro er have failed to complete the construction of vision improvements in accordance with said Agreemeht, Said statement shall set
Muskego to complete such improvements. forth the estimated amount necassary for the City of
Special conditianr:
This Standby Credit will terminate on the day of
Fiukwonaao shalralve written notice to the beneficiarv Of
, 19 provided, however, the Cmens-BanX of
it's intention to terminate this Standby Credit~~at ninety
Continued on page two (2) which is an integral part of this Standby Credit.
Page 2, An integral )?art of Standby Credit No. VN5-94-01
said da e, thie lsttlar Tcredit can only terznate won (90) da e prior to the x day of , 19 . After
ninety (go) daye written notice to the beneficiary. "
reference to ltAgreemlantll ie for identification urpoees It is hereby agreed 1oy all parties hereto that the
only and such refereme shall not be oonetrued f n any manner to require The Citizens Bank of Mukwonago to inquire into it le te;ms and obligations.
We with you that drafts drawn under and in
compliance with the ':erme of this credit will be duly honored if preeented on or before the expiry date. This
with any drawings he:eeunder for our endorsement of any original Standby Credit muet ba eubmitted to us together
payments effected by UB and/or for cancellation.
V
Very Truly Youre, The Citizens Bank of Mukwonago
BY John Schmltz - 0r::icer
.
DALE W, ARCH2
DONALD s. MOLTER. JR,
JOHN P. HAW.
H, 5TANLEY RIFFLE.
COUA MHHISSIOHCP
COURlCDMMI9IIOIIC~
ERIC 0, LCHLICT~R
RICK 0. TRINDL
-
FAXED
TOTAL PAGES: 3.
Xr. Matthew Sadowski
Director, Planning & Zoning
CITY OF MUSKEG0
Post Office Box 903
Muskego, Wisconsin 53150
Re: Kimberlv Estates Sub~l~~:~q.
EEEUVE PLAN DEPARTMENT
a Dear I just received a faxed copy of the florm cl: the Letter of Credit
concerning the above macisr. The form of Lhs Letter of Credit appears
to be satisfactory except for the followirq:
1. Obviously, the amount must.. be fi.11.itd 5.n.
2. Obviously, ths correct dakre, at 1c:ast one year and ninety
days after eniry of t,'nc? Subdivsiit?l~'S Agreement, must be
filled in.
3. In the second to the last paragraph, the second word should
be "engagel' instead of l'encouraye" .
4. As to the last paragraph added by the Bank, 1 do not like to
agree to the first sentence as this is Rot our practice. As
to the same paragraph, I will nst approve the second
appears to contradict earlier por,;i.ons of the Letter of
sentence as it appears not to pro,;ect the City's rights and
Credit.
As to the updated version of the Subdi.vider's Agreement I received on
May 23, 1994, have the additional, corrections been made as we discussed? 0 Sinrxre3.y,
, b.L. -.
.-.
rjonald S Molter, Jr.
. i
FAXED
TOTAL PAGES: 1
Mr. Matthew Sadowski
Director, Planning & Zoning
CITY OF MUSKEG0
Post Office Box 903
Muskego, Wisconsin 53150
Re: Kirnberlv Estates Sx~divisi~.~:
Dear Matt:
Adding to our fax of Eay 24, 199.3 a:: to the proposed Letter of Credit,
it should also be corrected to j.n(;Ludc tix: name ot the other person
signing the Subdivider's Agreernent, whic;h f.s Kimiierly M. Wutke.
Si.ncere1:;.
DSM/pw
cc: Mayor David L. De Azgelis