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CCR1994249COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #249-94 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Foxboro North WHEREAS, a Final Plat was submitted on March 3, 1993 for the 35-lot Foxboro North Subdivision in the SW 1/4 of Section 11; and WHEREAS, the Preliminary Plat was approved in Resolution #24-93; 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 Protection, Waukesha County Park and Planning, any required plan); and WHEREAS, the Subdivider's Agreement and Letter of Credit have Committee has recommended approval. been received for Foxboro North, as attached, and the Finance 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 Foxboro North Subdivision, subject to approval of the City Engineer and all objecting and approving agencies, and receipt of all fees as provided in Section 18.14 of the Land Division Ordinance. BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for Foxboro North, as attached, are hereby approved subject to approval of the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) be null and void. days of the date of approval of this Resolution or the same will 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 DAY OF , 1994. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders Deferred 11/22/94 Tabled 12/13/94 Resolution #249-94 which was adopted by the Common Council of the This is to certify that this is a true and accurate copy of City of Muskego. 11/94 jmb City Clerk ,'NOV 16 '94 12:46PM SWOBER 8 RRIITKE 414 7821073 P. 4/19 - SUBDIVIDER' 6 AGREEHENT reement made this day of by an6 between the "Subd.ivider" and the 'City of Muskego, a municipal corporation of-the State 02 Wisconsin, iocated in Waukesha Coun-cy, hereilafter czlled the "City. " _. n. This AS-h.obuckf BrothLrs Partnership ~ITNESSETR WHEREAS, the Subdivi,cler has submitted for approval by the City a proposed. Final Plat for Foxboro krth , & boundary description of which is atrached hereto as Zxnibit A, the original 02 which will be recorded with the 2egFster of Deeds 'for Waukesha County and a copy of which is on x.le in the Office of the City Clerk, for which a Final Plat was approved by, the City on. , wdEi(EAS, Sectiog 236.13 of the Wisconsin Statutes provides thtt as a conditiox 35 plat agproval, the governing body of the city may require that the Developer make and install certair public improvements reasonably rrecessary for the Subdivision and further, within the Subdivision, to be cocditioned upon the construction of nay zeQuire dedicarion of public streets, alleys or other ways said improvements accorcliag to municipal specifications without cost to said municipality; ad _. WHEREAS, the City's Engineers, the City's .Public Works Coxunittee, Public Utility Committee and Finance Committee have duly qproved, conticgent of certain other approvals, Subdivider's plans ana specifications for :jubdFvL$ion improvements, and the City's plan Commission and Comlon Council have ddy approved the final -contingent upon the execution and performence of this agresment by the Subdivider. of Foxboro %rth NOK, TKEEFOFS, in consideration of the covenants herein conczined, the parties hereto agree as follows: -1- NOV 16 '94 12:47PM SCHOBER 2. RRIITKE 414 7821073 P. 5/19 a. SUBDIVIDER'S AGREEMENT PAGZ 2 SECTION I. IMPROVEMENTS: Subdivider, entirely at it6 expense, shall: A. Roads and Streets,: 1. Grade and improve 211 roads and streets in Foxboro SuL- I.n accordance with tke plat of said attached hereto, made a part hereof and marked Subdivision and =he plans and specifications Exhibit "'9", all in accordance with the City's street specifications. 2. Paving of A6 shown on Exhibit "A" shall be completed. according to City Standards. B. STOX4 PLND SURPACE! WATZR DUiNAGE AND MASTSR GRADING ?LAN: 1. Subdivider shell cocstruct, install, furnish and provide fe:cilities zs approved by the' City Engineer water dra.inage throughout the entire Subdivision, and Publi,:: Works Committee for storm and surface discharge to 2 tile or storm sewer system, all in cnd B Master Grading Plan providing for smp pump accordance with the plans and specifications Exhibit "C". The City retains the right to require attached hereto, made a part hereof and marked the Subdivider to install additional storm drainage and erosion control neasuree prior to acceptallce of . immovements by the City of Muskego. 2. Thk CITY shall furnish to the Subdivider such penits cr ezsements as may be required in any the above described surface water drainage system auhlic street or property to enter upon and install 3. Grade and inprove all lots in conformance with the therein. Master Grilding P1za attached hereto and made a part hereof and marked Exhibit "C". Restore with topsoil a~ld seed. Establish dense vegetation. All grades mvst be verified by Developer's Engineer after conpletion with the following tolerances: A11 lot c~~rners must be from exact to plus or minus two (2) inches. Overall lot grades must be from exact to minus six (6) inches. House pads from exact to :minus twelve (12) inches. All swales and ditches must be graded to exactly minus three (3) XII, F). inches to allow for standard finish. (See Section .NOV 16 '94 12:47PM SCHOBER & RFIIITKE 416 7821073 P.6119 SUBDIVIDER'S AGRSEMENT PAGE 3 4. At Subdivider's exFense, and prior to acceptance of by the City (not including model homes which are impr0vement.s and the issuance of building permits shall be cleaned (See Section Xi1.D). - governed by separate agreement), all &om sewers .-. -I Subdivider shall construct, install, furnish, 2. The CITY shall D. SANITARY SEWER: 1. Subdivider shall construct, install, furnish, and - Drovide a complete sanitary sewage collection system throughout the entire Subdivision, ss Utilities Committee all in accordence with the approved by the City Engineer and the Public plans, specifications and drawings attached hereto built alans shall be paid by the Subdivider. as Exhibit "E" I The cost of the preparation of as- 2. The CIk shall furnish the Subdivider such permits or easements a5 may be required by any public street or !?ublic property to enter upon and install the above described sewage system -,herein. NOV 16 '94 12:4EPM SCHOBER & RNITKE 414 7821073 P. 7/i9 . SUBDIVIDER'S AGREEMENT ?AGE 4 3. Subdivider shall complete, to the satisfaction of the Ciry Engineers, any rernaini2g punch list items concerning the Sanitary Sewer System prior to the connection of ar?y residence to the sanitary sewer systems. 4. The Subdivider shslll televise the sanitary sewer system, repair any defects as dete-qined by the City Engin.eer, and supgly video tape to City of Muskego, e.nd clean all sewer lines prior to the issuance of building permits, except for model homes and acceptance of inpzovements by the City (See Section Xii.E). 5. See Addendum. 1. Subdivider shall preserve existing trees outside of the public: right-of-way wherever practical, when installing the Subdivision improvements. 2. Subdivider shell remove and lawfully dispose of: (a) all old barns, outbuildings; (b) destroyed trees, brush, tree trnks, shrubs end other natural growth; (c) and all rubbish. 3. Subdivider shall plant street trees in accordance with Sect:Le .- '3 of the Muskego Land Division Ordinance and Re6OlUtiOn BP.C, 101-93. E. WSCPSIIJG: /s, LO - F. EROSION CONTROL P.ZASTRPS i. Subdivider shall constxct, instell, furnish and provide E. complete system of Erosion Control Devices or measures in s9ecified 2rec.s of r;he Subdivision, as approved by the City Engineer and the Building Inspection Department and in accordanca with the plans and specifications attached hereto as Exhibit "F" also in accordance with Chapt:er 29 of the City's Hunicipal Code. 2. Install silt fencing in confo-nance with the approved plans prior to the grading and by the Suhaivider ontil such time as turf cover is constructLon work, Such fences shall be maintained established in the Subdivision. No grading shall occur without a two (2) day notice to the City. &V 16 '94 12:48PM SCHOBER 8: R.QI)TKE 414 7821073 P.8/19 SUBDIVIDER'S AGKEEMENT ?AGE 5 3. Mulching and seeding of all disturbed areas to comply with Chapter 29. 4. Subdivider is responsible for obtaining Erosion control ?emits for :he site for controlling erosion on the site and ezch individual lot owner is responsible lor obtaining a separate erosion control permit at the :;me any vegetation is disturbed and are responsible for controlling erosion on their lot. 5. Sues- Thousaod Dollars (-00) from the Let",er of Credit (ucier Section XIV), shzll be retained until adequate veqetation is esteblished as determined by the Suilding Inspection Departxent. A.reduction of fifty percent (50%) of the %!GL Thousand Dollars ($?,ooo.OO) ?ortion of the Letter of Credit is allowable upon verification 02 fifzy percent (50%) of disturbed ceas are vegetztcd. If, upon a written notification by the Building Inspection Depar-dent of non-complience of Chapter 29, the terms are not corrected within five (5) days, the City may utilize the Seven Thoueand Dollars ($I,.OC) portion of the Letter of Credit to correct the terns of non-conio-nance. From time to time, acditional funds may be required in the maintenance ae deemed appropriate by the Developer's Deposit to cover the COBr of Depa-rtment., SICTION If. TIME OF COMPIZTIOY OF IMPROVEWESTS The inimprovements set forth in Sexion I above shall be completed by the Subdivider in total within one (1) year from signing of this Agreement or excegt if an earlier dare is provided tor in the Agreement. The final surface course pavement shall be deferred until ninery 'aereent (90%) of the homes have been completed or 36 months- after asphalt, whichever .. SU SUBDIVIDER'S AGKZEMENT 7.. ?AGE 6 If the final surface course of pavement is not completed within 'twelve (12) roonths of the date of this agreement, the Subdivider shall extend the Letter o€ Credit in a form acceptable to the City until such tixe as the fins1 surface course of pavement is completed. If the City receives notice of the intention to te=inate the Letter of Credit prior to completion of the final to complete improvement!; in accordance with this agr,eement and surface course pavement, such notice shall be considered a failuie Credit. shall entitle the City to imnediately draw against zhe Letter of SECTION 111. DEDICATIOK: Subject to all of the other provisions 02 this aqeement, the above described improvenents, unconditionally give, grant, Subdivider shall, wir;hout charqe to the CITY, upon completion of convey 2nd f*xlly dedicate the roads and streets, sanitary sewers, storm and sozface water drainage iecilities (excluding Homeowners Association) as illustrzted an Exhibiz "A" a.?d as thoce facilities which are to Se owned and naintained by the described in the deed restrictions, to the CITY, its successors and assigns, forever, free a;ld clear of all encuabrances whatever together with End including, without limitation because of enumeration, any and ell land, buildings, st=uctures, mains, and hereditaments which may in eny way be a ?art of or 2ertain to., conduits, pipes lines, phnt, machinery, equipment, appurtenances for access thereto. The CITY will be recegtive 'io the dedications such imgrovements and together with zny and all necessary easements of said inprovements, except roads and scrface water drainage facilities, after the f.irst lift of bituminous concrete pavement has been installed, when all said utilities have been completed and approved by the City Enqineers and other agencies as applicable. -TIOM IV. INSPECTIOHS AarD ADYINISTRATIO]I PEE6: Subdivider shall pay and reimburse the City in advance of the signing of the Acjzesmea::, in accordance with Section/#.lYaffi of the CITY'S Land Division Ordinance ard at times specified herein, but: in any event, no lacer 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 relative to the cons,truction, installation, dedication and acceptance of the improvements covered by Section I, including without limitation by r.zason of enumeration, design, engineering, preparing, checking and review of designs, glans and construction is in compliance with the applicable plans, specifications; superrision, inspection to insure that specifications, tegulat.ions and ordinances; legal, administrative and fiscal work undertaken to assure and implement such compliance. .. 0 0 NOV 16 '94 12:49PM SCHOBER 8 RFIIJTKE 414 7821073 SUBDIVIDER' S AGREE-XENT PAGE 7 SPCTION V. M1SCELL;WEOUS REQUIXEMENTS: A. B. C. D. 3. -". P. 18/19 .. The Subdivider shall: Easements: Provide any easernects on Subdivider's land deemed fiecessary by the City Engineers prior to the Final Plat being sined, pzovided such easements are along lot .- lines or Eo ?ne 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 zoning for such lots. street signs, traffic siq13 end posts, including the cost Street Sims: Xeinhrse the CITY for the cost of all of their instailation. Manner of Terfcmnance: Cause al!. construction called for by this Ameement to be carried out and perfomed in a good and wor!uuilnlike manner. Survey 3onumenG: Troperly plzce and install any lot, block or other mozumenL-s required by State Statute or City Ordinance. Deed Xestrictim: 3xecute ana record deed restrictions and Frovide Er3of of recording prior to sale of lots by in Foxbaro hrth _. in :he fo-rrn attached hereto, made a part hereof and marked Exhibit "G". The deed restrictions shall contain the following language: his lot in ac;.ardance with the Mastsr Gradin9 Plan on "Each lot ow2er must strictly adhere to and ti5ish grade file in the o!ifice of the Subdivider and the office of by the City Engineer. The Subdivider and/or the City the City BuFlc.ing Iaspector mless a change ie approved and/or the agents, employees or independent contractors shall have the right to enter upon' any lot, at any time, for the purpos.5 of inspection, maintenance; cocection of any drainage conditions and tire property Owner is responsible for the cost of the same." w: Furnish to the Suildinq Inspector and the CITY a copy o€ Exhibit "C" showing the street grade in front of each lot, the finished yk-d grade, the grade of all four (4) corners of the lot and Fades of the buildings on adjoining lots, where applicable, $5 existing and as proposed. KaSO ucki Brot ers Partne+qh>p . NOV 16 '94 12:50PM SCHOBER .& RRIITKE 414 7821073 P. 11/19 , ' ,, SUBDIVIDER' S AGREEMENT PAGE .8 G. - H. I. J. K. plat so that 60 structure of any kind which exceeds a Siaht Distances: ~estricts lots on the face of the height of 2 1/2 feet above the cenrer of the intersection shall be gennitted in the vision setback area in Ordinance. conformance with Section 17:5.02(2) of the Zoning the Plumbing Inqector of the CITY a co7y of stom drains Sump Pump Connections: The Subdivider shall furnish to and clean out locations in the :om attached hereto and made part hereof acd marked Exhibit: "E" showing the connected from each dwelling to the storm sewer systern. locations of connections whereby sump pump drains can be The ends of. each line shall have a' clean out in conformance with the City Standard Details. Street Liohts: Iastall street lights in accordance with Section 18.0911 of the City's Land 3ivision Ordinance. Permits: Submit to the CITY valid copies of all agency permits including the Nisconsin D.N.X. and U.S. Amy Corpe of Engirleers before construction comences and prior to any preconstruction meeting. Sewer Extensiorl Penits: (a) The City of Muskego has, wursuant to the .srovision of ChaDter 21 of the City Code, -granted zhe Sibdivider mirtv-%Ve (a) Residentiai Zquivalent Conneccions (REC's) as defined in Section 21.04 (22) of the City's Sewer Utility Ordinance, for the development of all lands contemplated by the Subdivider in all phases of this development including future phases. Subdivider is using Thirtv-Five (a) of the the subject of this Subdivider's Agreement and shall above-noted REX'S in the phase of development which is provided elsewhere in this agreement and'as required by secure the in,stallation of said sewer exteneions as the City' Code. There will then remain Zero (2) aEC's of capacity for future phases of the development. (b) The rema.ining Zero (& REC's of capacity shall eutomatically renuinate and the- allocation of said extension is not certified, by a representative appointed capacity shall. cease to the extent that said sewer by the City to make said certificatiml, to be completely constructed and approved within four (4) years of the execution of the present Subdivider's Agreement. NOV 16 '94 12:50PM SCHOBER 8 RRIITKE 414 7821073 P. 12/19 SUBDIVIDER'S AGREEMENT PAGZ 9 (c) The Subdivider may, within the four year ?eriod referred to abcwe, request thaK the Cicy enter into an the development. Any remaining EC's which have not been additional Subdivider's Asreement for the next phese of used within the four years as noted above may be extended pursuant to the terms of said Subdivider's AFjreement provided, however, that the installation of sewer extensions must !x secured 2s provided in this agreement or when nor: prohibited by other ordinances or resoLutions of the City, upon other security deemed appropriate by the City and ur.der terns 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 o€ that subsequent Subdivider's secured as provided herein shall expire within four years Agreement. (d) The Subdivider may request additional Subdivider's Agreement((s) bf! entered into for subsequent phases. .Any such agreement skll be subject to the same terns and conditions as stated in subsections (a), (b) and (c) above. (e) Notwithstanding any of the above provisions, dl unused sewer capacity granted to the Subdivider as referenced in this agreement shall automatically terminate and :he allocation of said capacity shall cease on the 21st day of December, 2002. NOV 16 '94 12:51PM SCHOBER & RRIITKE 414 7821073 P. 13h9 ,. SUBDIVIDER'S AGREEMENT ?AGE 10 SICTION VI. GURRANTEES : - The Subdivider shall guarantee the public roads and streets, sanitary sewers, surface water drainag.e improvements all other improvements descraed in Section I, Items A, B, C, i D, hereof, against defects due to faulty materials or workmanshi? ?rovided that such defects appear within a period of one (1) year from the date of dedicaticn and acceptance. The Subdivider shall materials or workmansnip. This guarantee shall not be a bar to any pay for any damages to CITY property resulting from such faulty %isconsin law on aeg1igenc:e shall govern such situation. sction the CITY might have for negligent workmanship or materials. SECTION VIS. GENERAL IM)EN&ITY: provisions of this agreem,ant or documents incorporated herein by In addition to, and not to the exclusion or prejudice of, any reference, Subdivider sh+ll indemnify and save hamless, and agrees 73 accept tender of defe:xe 2nd to defend and pay any and 211 reasonable legal, accounting, cmsclti2g, engineering. and other cpon rhe CITY, its officers, agents, and employees, and independent expenses relatiq to the defense of any claim asserted or imposed ?arty or barties. The Sltbdivider shall also name as additional contractors growing out a:€ this agreement as stated above by any Issured on it5 general liability insurance tbe CITY, its officers, - cgents, and employees, an6 any independent contractors hired by che C;TY to perfon service as to this Subdivision and give the CITY evidence of the same upon request by the CITY. SWTION VfII. AGREEMERT FOR BlFIEFXT OF PWRC-: The Subdivider shall. agree that in addition to the CITY'S rights herein, che provisions of this Agreement shall be for the benefit of the purchaser of any lot or 2ny interest ir any lot or ?arcel of land in the Subdivision. Further, that the sale of any work on tne attached Exhibits. lot or parcel shall not release the Subdivider from completing the tNOV 16 '94 12:51PM SCHOBER RRI)TKE 414 7821073 P. 14/19 SUBDIVIDER'S AGRSEKZNT PAGE 11 SECTION IX. ACCEPTANCE OF WORK AKD DEDICATIOU: AS and when the Subdivider shall have completed the improvements herein required, and shall dedicate the sane to the CITY as set forth herein, the same shall be accepted by the CITY if said improvements have bem comaleted a6 required by this Agreement .and as required by applicable CITY ordinances and other applicable law and approved by the City Engineer, City linance Committee and common Council. spcTI011 X. EROSIOW COMTROL PLM Alill PERMIT: ' The Subdivider shall submit to the CITY, an application for a with the requirements of Section 29.06 of the CITY'S Erosion Land DisturbinG Permit and 8n Erosion Control Plaa in accordance begia until said pe-Tit is received from <ne CITY. Control. Ordiaance (Ord. #560). No constxction or grading ctzn SgCTIOW XI. CONSTRUCTIOH PERMITS, ETC ... : adopt such resolutions, and execute such documents as may be 1. The CITY shall, within its authority, issue such permits, necessary to permit tie Subdivider to construct the improvements in accordance with the plans and specifications called for by' this agreement, upon Subdivider's compliance with any depo6it 2rovisions and the CITY snall cooperate with the Subdivider in obtaining or ocher requirements of the applicable ordinances or regulations; similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 2. The CITY shell, a.s a condition of the Subdivider executing this Agreement, make available LO the Subdivider or their nominee successors or assigns, huilding pernits for the construction of single family residences subject to the provision of Section Xif. NOV 16 '94 12:SlPM SCHOBER F. RAIlTKE 414 7821073 P.1549 ,' , SUBDIVIDER'S AGREXEXT PAGE 12 verifies that th be issued prior to all tape of'sanitsry sewer system All lot cades shall conio,m to the Section I .:D. 4). Plan (See Section S.B.3). Sd2TlOW XIII. GENERAL COK-: herein by reference, and 2.11 such p,rovisions shall bind the parties Ill1 the provisions of the CITY'S ordinances are incorporated hereto and be a part of this Ageement 2s fully es if set forth at 1eng;h 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. SSCPIOH XIV. FINANCIAL GUXUUiTEE: Drior to the' execut.ion of this agreement by the CITY, the Subdivider shall file wi.th the CITY a Letter of Credit setting amount of $ fotih terms and conditions approved by the CITY Attorney in the as a guarantee that the required alans, improvementa, and approvals will be -completed by the Subdivider and his subcontractors no later trhan one (1) year €rem. signing of the Agreement, except if another date is provided within this Agreement and a8 a further guarantee that all obligations to the eubcontractors for work on the subdivision are satisfied. See Addendum. NOV 16 '94 12.52PM SCHOBER & RRI)TKE 414 7821073 SUBDIVIDER' S AGREEMENT PAGE 13 P. 16/19 WTION XV. PARTIES BOUXD: Subdivider or his assignees shall be bound by the te-ms of this agreement or any pert. herein as it applies to any phase of the development of the Subdivision. SMTION XVI. RSSIGHWENT: Subdivider shall no-c assign this Agreement without the written consent of the CITY. SBCTION XvfI . AHENDMEBTS,: agreement, by wrirten agreeme2t between the City and the The City and the SuSclivide:, 'by rnutilal consent, may amend this Subdivider. IN WITNZSS XEFUOF, Subdivider and CITY have caused this Agreement to be signed hy their appropriate officers and their the date and year first written ebove. seals to be hereunto affixed in duplicate original counterparts on . Subdivider: 3y : By : By: NOV 16 '94 12:52PM SCHOBER & RADTKE 414 7821073 - SUBDIVIDER'S AGREEMENT ?AGE 14 CITY OF MUSKEGO: - By : David L. DeAngeli.6, Mayor WAUR3SHA COUNTY STAT2 OF WiSC9NSIN ) ss ) 'EXSONALLY came before me this day of 1994, known to be the pdrsms !&e executed >he foregoing instrument and to me acknowledgea Ldp. same I go-car;y Public-StaEe of Wiscmsin MY Commission Expites P 17/(19 .. WAUKESHA COUNTY STAT3 OF WISCONSIN ) ss 1 ?ZRSONALLP came before me this day of 1 1994, ,the above named Devid L. DeAngelis, Hayor, -and Jean Marenaa, Muskego, to me known to be the persons executed the foregoing CITY Clerk, of the above -named municipal corporation CITY of municipal corporation, and ackowledged that they executed the inst-ument, and to me known to be such Mayor and CITY Clerk of said foregoinG instrment as such officers as the deed of said municipal corporation by it6 autnority and pursuant to the authorization by the Common Council from their meeting on the day of , 1994. Notary public-State of Wisconsin My Commission Expires -0 . ~.. - ......... .._I ... .. .. ... ... . - - . . , . . NOV 16 ’94 12:53PM SCHOBER & RRI)TKE 414 7821073 SUBDIVIDER’S AGREEMENT PAGE 16 - ,LlST OF EXXISITS ZXHIBIT A SOUNDARY 1)ESCRIIJTION & FINAL PLAT EXHIBIT B G-WING PIAN ZXHIBIT C STORM SEWER PLAN f4 EXHIBIT E SANITARY SEWER EXHIBIT F EROSION CONTROL PLAN EXHIBIT G DEED RESTILICTIONS ZXWIBIT H SU” PuElp DRAINS & CLZANOUTS (STORM SEWER PLAN) EXHIBIT I SANITARY !;mR OUTSIDE SUEDMSION EXHIBIT J QUOTE OF IaWSON CONTRACTORS, INC. P. 19/19 .. NOV 22 ’34 1l:ZBAM SCHOBER & RAIITKE 414 7821073 P .2/3 ADDENDLW Section xu: “cv PP mita: may be issued for Lots 1, 2, 3, 18, lQ, 20, 21, 22, 23, 24, 25, 26 Upon satisfaction of the 6 items listed below building permits and 27 and occupancy permits may be issuable €or homes constructed on said lots subject to all applicable governmental laws, allowed to construct no more than two (2) model homee. It is ordinances and restrictions. In addition the Subdivider shall be expressly understood and agreed that no occupancy permits shall be issued either for the said model homee and no building permits aac! occupancy permits shall lx issued for any other homes, except as provided above, until the City EngiAeers have determined that: A. B. C. D. E. F. The eanitary sewer and surface water drainage facilities required to seme such homes are connected with an operational system a8 required herein, and The Building Inspector verifies that the installation of the bituminous concrete base course pavement: has been installed. No Building Pemits shall be iseued prior to all eignatures being obtained on the Deed Reetrictiona, ,:Exhibit “G“) . Cleaning of stcmn aewer systern completed (fiee Section I.B.41, Video tape of rlanitary sewer syskem completed (See Section I. D.4). AU lot grades; shall conform to the Master Grading Plan (‘lee Section I.B.3). Section I. Immovementg: D. -tam Sewer: 5. As part of Subdivider‘s improvements, Subdivider 6hErll cause to be installed a certain sanitary eewer improvement immediately east of Foxboro North to serve 10 re.sidencee, more particularly described on Exhibit I which Said improvement is subject to the terms of is attached hereto and made a part hereof. specifically benefits other properties and as this Agreement.. That as this improvement the ownera of the properties specifically benefitted have agreed to be specially assessed for a portion Of the cost of this NOV 22 '94 11:ZlRM SCHOBER & RRIITKE 414 7821073 presented with evidence satiafactofy to the improvement, the City agreee that upon being City that the Subdivider has paid for said improvement ant1 that it has been apprwed by the City Engineers per this Agreement, the City will reimburee the Subdivider for that part of the expenee in the amount Of $36,351.00 for construction in accordance with the quote of Rnweon Contractors, Inc., which it? attached hereto a8 Exhibit J and $2,737.00 for design work by Metropolitan Engineering, Notwithstanding the above, Subdivider shall not commence this improvement until the City has obtained all necessary easements and agreements to Special Asseesments. In the event said ealmnente or Special AS8eSSment Agreements are not obtained by January 15, 1995, both part,iea regerne the right to cancel this subsection of the Agreement. '. P .3/3 I MODEL LETTER OF CREDIT RREVOCABLE STANDBY DOCUMENTARY CREDIT CREDIT NO. 000000 Amount: $0.00 DATE Applicant: Worlds Greatest Developer Beautiful Acres Muskego, W 53150 Beneficiary: City of Muskego W182 S8200 Racine Ave. Muskego, WI 53150 Dear Sirs: We hereby issue this irrevocable documentary credit in your favor which is available by beneficiary's draft(s) at sight drawn on The Bank, S.S.B. Each Draft accompanying documents must state "Drawn Under The - Bank, S.S.B. Documentaly Credit No. 000000. This Standby Credit is to provide a guarantee to the City of Muskego for the performance of World's Greatest Developer's obligations under that certain agreement dated , 199- 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 Worlds Greatest Developer has failed to complete the construction of subdivision 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: This Standby Credit will terminate on the - day of , 1994 provided, however, The Bank, S.S.B. shall give written notice to the beneficiary of its intention to terminate this standby credit at ninety (90) days prior to the- day of , 1994. After said date, this letter of credit can only terminate upon ninety (90) days written notice to the beneficiary. Continued on Page Two (2) which is an integral part of this Standby Credit. July 30, 1993 Pg 36 Page 2, An integral part of Standby Credit NO. 000000 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 required The Equitable Bank, S.S.B., to inquire into its terms and obligations. We eneew%ge 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 Credit must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us andor for cancellation. eiI5Clge Very Truly Yours, The - Bank, S.S.B. Vice-president July 30. 1993 Pg 37 . Euekert Mielke November 18,1994 Mr. Matt Sadowski Director of Planning City of Muskego W182 S8200 Racine Avenue Muskego, Wisconsin 53 150 RE: Foxboro North Letter of Credit Public Improvement Cost Breakdown Form Dear Mr. Sadowski: We have reviewed the request for Letter of Credit for Foxboro North. This request was faxed to our office on November 17, 1994 by Kent Kosobucki. It is not in a format readily adoptable to the City's Public Improvement Cost Breakdown Form. It was also incomplete. We have compared the work remaining with the bids and prepared the attached Public Improvement Cost Breakdown Form. any additions by the City for erosion controls. Also subject to any costs for the Mystic Therefore, we recommend that the Letter of Credit be set at $170,811 subject to Drive easement sewers, if the City desires to include these costs. If you should have any questions or comments, please feel fiee to contact me. Very truly yours, RUEKERT & MIELIE, INC. Richard Eberhardt, R.L.S. Wsjd cc: Mayor David L. De Angelis 13-92031.0L FOX-COST.doc Michael Campbell, Ruekert & Mielke, Inc. W239 N1812 ROCKWOOD DRNE (414) 542-5733 WAUKEs€Li, WISCONSIN 5318&1113 FAX (4141 532-5611 . PUBLIC IMPROVEMENT COST BREAKDOWN Indicate the cost of each public improvement to be installed. List amounts for each category and sub-category item. Contractors bid estimates shall be submitted with this breakdown. The City Engineer will review this breakdown and approve a total amount to establish a Letter of Credit. (Remaining 11/94) 1. Road Construction a Excavation to subgrade (55%) b. Stone base material (55%) c. Bituminous base course pavement (55%) d. Bituminous surface course pavement e. Concrete pavement f. Other TOTAL. original (7/94) d!mmYll 29,000 40,000 20,000 _z2pIl 96,290 2. Site Grading - Landscaping a. Lot grading and road excavation to subgrade (20%) 100,000 b. Drainage ditch construction c. Retention pond construction d. Parhg area construction including pavement e. Tree and shrub plantings 6,000 f. Landscaping as specified by City g. Erosion control silt fence 3,000 h. Other (Sec. 1,F,5) 1sM TOTAL 114,000 3. Seeding a Road ditch area b. Terrace areas - right-of-way c. Drainage ditches d. Retention ponds (45%) e. Areas as specified by City (45%) f. Other TOTAL 4. Concrete Improvements a. Curb and gutter (55%) b. Sidewalk c. Blvd. traffic islands d. Ditch inverts e. Other TOTAL. 3,700 3,000 6,700 28,400 28,400 Recommended ( 1 1 /94) Amsuns 15,950 22,000 20,000 -22ea 65,240 20,000 6,000 3,000 _1sM 34,000 1,665 lJ.a 3,015 15,620 15,620 FOXCOSTl.doc 13-92031.01 11/18/94 Page 1 ._ 5. Sanitary Sewer System a. Mains, risers and manholes (internal seals) 134,490 b. Laterals 33,250 c. Pumping station and generator d. Force Main e. Grinder pumps and chamber individual dwelling f. Other (Video and punchlist items) TOTAL 167,740 6. Water Main System a. Mains, valves and manholes b. Hydrants and leads c. Water services d. Well and pumphouse e. Other TOTAL -0- 7. Storm Sewer System a. Mains and manholes 176,103 b. Catch basins and leads (8-castings) 6,900 c. Culverts d. Drain tile (15,030 L.F. + 17 STM Lat.) 23,300 e. Headwallddischarge structures f. Other (Clean lines) TOTAL 206,333 8. Special/Misc. Improvements a. Street lights b. Street signs c. Signs as specified by City d. Other TOTAL. 500 435 - 93 5 9. Feet a. City Administration 375 b. Engineering inspections 35,000 c. Engineering as built drawings for w/s 3,500 d. Legal e. Land acquisition (required for all Letters of Credit) f. Other TOTAL 38,875 TOTAL PROJECT ESTIMATE 659,273 3,825 3 4,280 -0- 2,076 -0- 16,650 ZMQ 2 1,726 500 435 - 935 375 10,000 10,375 170,811 FOXCOSTl.dos 13-92031.01 11/18/94 Page 2 ? i Note: At time of submittal of the Letter of Credif the developer, as per Section 10.8 of the Land Division Ordinance, shall submit an administrative fee of $25 plus $50 per public improvement category; excepting the categories of Special/Misc. hprovements and Fees. (Categories 8 and 9) 0 FOXCOSTLdoc l1118l94 Roy L Koaobuckl Mark L. Kosobuckl Kent J. Kosobuski Donald R Palzln 4146794904 KBSBBUO(1 167 PBi Nou 17 f.94 16:X KOSOBUCKI BROTHERS 17100 West Shadow Drive New Berlin, WI 53151 (414) 679-2746 . .,. :..,, .' 0 .. .. . .. i' . ..