CCR1999118COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #I 18-99
APPROVAL OF FINAL PLAT,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Champions Village Addition No. 2
WHEREAS, A Final Plat was submitted on June 2. 1999 for Champions Village Addition No. 2
in the NE X of Section 25 to create 29 lots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 75-
99, as amended; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for
Champions Village Addition No. 2 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
Champions Village Addition No. 2, subject to approval of the City Engineer and all objecting
and approving agencies, and receipt of all fees as provided in Section 14.14 of the Land
Division Ordinance and any special assessments which may be due.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for
Champions Village Addition No. 2, 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) days of
the date of approval of this Resolution or the same will be null and void.
BE IT FURTHER RESOLVED That a DXF file of this final plat be submitted to the City prior to
City signatures being placed on the plat (3-112" diskette).
BE IT FURTHER RESOLVED That approval of this Resolution is subject to the passage and
publication of Ordinance #989.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City.
DATEDTHIS 13Ih DAY OF JULY 1999.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #I 18-99 which was adopted
by the Common Council of the City of Muskego.
7/99 jmb
Memo
TO: Finance Committee
From: Brian Tu
CC
Date: June 29,1999
Re: Champions Village Addition No. 2 Subdividers Agreement & Letter of Credit
43
Attached please find the proposed Subdividers Agreement and Letter of Credit format for
Champions Village Addition No. 2 of Country Club Villages.
The Letter of Credit format has been reviewed by the City Attorney. It is identical to the first
letter of credit tendered for this development. The face value of $480,000 has been
approved by the City Engineer The original signed and numbered letter of credit will be
tendered by the subdivider upon receipt of Finance Committee and Council approval of the
form and value.
Approval of the attached letter of credit form and $480,000 value is recommended.
The subdividers agreement format follows the City's standard template, with few
exceptions:
The REC availability is defined in Section V(L)
Permission to build Model Homes has been deleted from Section XI1
Approval of the attached Subdividers Agreement is recommended.
0 Page 1
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WUUL
AssociatedBank
IRREVOCABLE STANDBY’ DOCUMENTARY CREDIT
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CREDIT NO.: 6 so* AMOUNT I.
DATE: JUNE Zf.LLDP)L/Tq 4
APPLICANT: BENEFICIARY;
The Villagcr al Muskego Lakes Pmcrship City ofMurkego
NII I W 12920 Leon Rand WIB2 S8200 Racina AVUIUC
Menomonce Falls. W 53OS1 Muskcgo. Wl53 I50
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Dear Sirs:
We hcdy issue this irmocnbls documentary credil in your f4vor which is adable by kncIiciary’s
dnRs al sigh1 dram on Assodatcd Bank. Each draft accompanying documentr mun state “Drawn Under
Associated Bmk Donrmenlary Credil No. 5W.”
This Standby Crcdit is la provide a gusnnty 10 Lhc City of Murkego for he performanoe of The Village a(
bclrvren lhe City of Muskego and appliunl.
Muskego Lakes Paflnnuship obligations undcr that certain Agreement dalcd he+++W6
DRAFTS ARE TO BE ACCOMPAWED BY:
A slnlement sip,ncd by *le Mayor of chc Cicy of Muskego staling lhal The Viliagcr a1 Mukego. Laku
Panncrrhip has failed lo wrnplae tho wmction of subdivision implovmcnls in amrdyre Hi& said
AgrcemcnL Said Ualcmcnt shall 601 forlh Ihc cshalcd amount necessary for lhe City of Mukcgo IO
wmplc!c such irnpmvcmcnls.
SPECIAL COWPITIONS:
?his Standby Credit will 1enniMlc on hmkr 31. 14w. pmvidd, howsvcr. lho Maled Bank shdl
give wrillen nolicc to rhc bcd~lduy ofits inknlios lo tcrminatc this Standby Credit at’W 90 days prior
lo Dcccmbcr 3 I. Mer Ihe &e slsltd in this paragraph, his Lmer of Cdit can only terminate
upon 90 days wri F* n notice to the beneficiary.
&toe
Loaa
c !I any lmprovcmcnl is no1 mrnpkld and Ihc beneficiary remiva a nolice oftcdnatiOn purruant IO lhir
Mer of Credit prior 10 mmplecion of dl of UIC improvcrnenu, said notice shall be considered a failure IO
complele the improvcmcnts in aoFordMa with the Agrccmcnl and shall entillc rhe bmcfidq to
irnmcdiabdy draw against his Lcller of Credit.
:JUN-29-99 TUE 11 :02 AM BURKE PROPERTIES FAX NO. 4142700332
Orj/z9/99 TUB 09:5(1 IJAX 414 283 2336 ASSOCIATED BANK
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IRnEVOCABLE STNBY DOCUhlENTARY CREDIT
Pace 2
SUBDIVIDER'S AGREEMENT
FOR
CHAMPIONS VILLAGE ADDITION NO. 2
OF
COUNTRY CLUB VILLAGES
A Phased Development of Residential, Commercial and Recreational
Facilities and Amenities Adjacent To And Within the Confines Of
Muskego Lakes Country Club Located In the City of Muskego,
Wisconsin.
THIS AGREEMENT, made this day of July, 1999,
by and between THE VILLAGESAT MUSKEGO LAKES PARTNERSHIP,
hereinafter called the "SUBDIVIDER", and the CITY OF MUSKEGO,
WISCONSIN, a municipal corporation, of the State of Wisconsin,
located in Waukesha County, hereinafter called the "CITY".
WITNESSETH:
WHEREAS, the "SUBDIVIDER" will be developing and shall submit to
the City, various plats of "Villages" to be incorporated into a
Development to be known as COUNTRY CLUB VILLAGES, being, in
concept, a Planned Unit Development approved by the CITY of
Muskego, (hereinafter referred to as the DEVELOPMENT); and,
WHEREAS, the SUBDIVIDER has submitted for approval by the CITY, a
proposed Final Plat for Champions Village Addition No. 2, to be
known as "CHAMPIONS VILLAGE", a boundary description of which is
attached hereto as Exhibit "A" (hereinafter referred to as the
Register of Deeds for Waukesha County and a copy of which is on
"SUBDIVISION" and the original of which will be recorded with the
approved by the City on (July _, 1999) ; and
file in the Office of the City Clerk, for which a final plat was
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that,
CITY may require that the Developer make and install certain
as a condition of the Plat approval, the governing body of the
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 construc-
tion of said improvements according to municipal specifications -
0 without cost to said municipality; and
WHEREAS, .the CITY'S engineers, the CITY'S Public Works Committee,
Public Utility Committee and Finance Committee have duly
plans and specifications for subdivision improvements, and the
approved, contingent upon certain other approvals, Subdivider's
CITY'S Plan Commission and Common Council have duly approved the
Final Plat of CHAMPIONS VILLAGE ADDITION NO. 2, contingent upon
the execution and performance of this Agreement by the SUBDIVIDER.
NOW, THEREFORE, in consideration of the covenants herein con-
tained, the parties hereto agree as follows:
SECTION I. IMPROVEMENTS
The SUBDIVIDER, entirely at its expense, shall:
A. Roads and Streets
Village Addition No. 2, a part of Country Club Villages, (the
1. Grade and improve all roads and streets in Champions
DEVELOPMENT), in accordance with the plat of said subdivision and
and marked Exhibit "B", all in accordance with the City's street
the plans and specifications attached hereto,made a part hereof
specifications.
I
B. Storm and Surface Water Drainage and Master Grading Plan
. SUBDIVIDER shall construct, install, furnish and provide
Works Committee for storm and surface water drainage
facilities as approved by the City Engineer and Piblic
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
marked Exhibit "C" .
specifications attached hereto, made a part hereof and
a) The SUBDIVIDER shall clean all storm sewers prior to
issuance of building permits and acceptance of the
improvements by the City of Muskego.
b) the CITY reserves the right to require the SUBDIVIDER
control measures prior to acceptance of improvements by
to install additional storm drainage and erosion
the City of Muskego.
2
3
The CITY shall furnish to the SUBDIVIDER such permits or
easements as may be required in any public street or prop-
erty to enter upon and install the above described surface
water drainage system therein.
SUBDIVIDER shall grade and improve all lots in conformance
with the Master Grading Plan attached hereto and made a
part hereof and marked Exhibit "C". This shall include
restoration of topsoil, planting seed and establishment
grades must be verified by Subdivider's engineers after
of dense vegetation where required by City of Muskego. All
completion of grading to the following tolerances: All lot
corners must be from exact to plus or minus two (2) inches;
overall grades must be from exact to minus six (6) inches;
house pads must be from minus ten (10) inches to minus
twenty-two (22) inches; all swales and ditches must be
graded to exactly minus three (3) inches to allow for
standard finish. (See Section XII, 1, E, 6)
C. Water
1. SUBDIVIDER shall construct, install, furnish, and provide
a complete community well system of water supply and
distribution for Champions Village, as approved by the City
Engineer, Public Utility Committee and other appropriate
governmental agencies. Said water distribution system
attached hereto as Exhibit "D". Said water supply system
shall be in accordance with the plans and specifications
shall be in accordance with plans and specifications to be
submitted and approved, prior to construction of said
system, by the City Engineer, Public Utility Committee and
appropriate governmental agencies. The SUBDIVIDER shall
hydrant and valve locations and locations and elevations of
furnish "as built" plans of the entire system, including
laterals to lot lines. The cost of the preparation of "as-
built" plans shall be paid by the SUBDIVIDER. Said
facilities are referred to as "Water Facilities" herein and
property and easements and other property interests
specifically include well site property(ies) and all other
necessary to operate, repair, construct or reconstruct the
water system.
2. The CITY shall furnish the SUBDIVIDER such permits or
property to enter upon and install the above described
easements as may be required in any public street or public
water system therein.
3. SUBDIVIDER shall complete, to the satisfaction of the City
Engineers, any remaining punch list items concerning the
water system prior to connection of any residence to the
water system.
4. SUBDIVIDER and its successors and/or assigns shall operate
and maintain the wells and water distribution system for
Champions Village as required by the City Utility and any
applicable governmental agencies. The cost of operating
and maintaining such facilities, including provisions for
be determined and levied against those lots which are
reasonable reserves and depreciation of facilities, shall
improved with dwellings as per the Covenants and Restric-
tions and Water Trust for Champions Village and Country
Club Villages.
5. SUBDIVIDER shall, upon completion of the system, furnish
and provide the CITY with a complete summary of the actual
construction costs for such system of water supply and
distribution broken down in sufficient detail to satisfy
the requirements of the Public Service Commission of the
State of Wisconsin in establishing or revising a rate
base.
6 SUBDIVIDER shall furnish well test data and other infor-
mation required by the Wisconsin Department of Natural
Resources, the Wisconsin Public Service Commission and the
City of Muskego
7. The following special provisions shall apply to the
well(s), water mains and water laterals to be installed by
the SUBDIVIDER pursuant to this agreement:
(a) To the extent necessary, the CITY shall grant a
franchise to the SUBDIVIDER, its successors in title
to the Water Facilities, or to a Trust which shall
hold legal title to said facilities for the benefit
of all owners of lots within the subdivision, to
provided however, that the rates and service charges
operate a private utility to serve the subdivision;
produce any return upon the initial capital costs
of such utility shall be formulated so as not to
of installing the Water Facilities.
(b) The CITY shall have an indefinite option to require
transfer of the Water Facilities, without consider-
ation to SUBDIVIDER, or their successors in title to
the Water Facilities, or any property owner, as of
the end of any calendar month upon at least thirty
any municipal, intermunicipal, or metropolitan water (30) days prior written notice by the public owner of
system, including the City of Muskego, either alone
or in cooperation with other municipalities or any
statutory water district.
(c) The CITY grants to the SUBDIVIDER, and to its suc-
cessors in title to the Water Facilities, a perpetual
right and easement under all dedicated public streets
in the subdivision for the installation, maintenance
and repair of the Water Facilities. SUBDIVIDER, or
connection with any such maintenance and repair work,
its successors in title to the Water Facilities, in
shall erect suitable, lighted barricades; shall
repair, restore and rebuild as necessary all streets
and other public improvements located in dedicated
streets which may be opened, damaged or removed in
performing such work; and shall indemnify the CITY
and its agents, consultants and employees of each,
claims and expenses to or by any third party as a
and hold them harmless against all loss, damage
of a public street.
result of such work performed within the right-of-way
(d) The CITY shall, at all times, have the right to draw
water from said system through the fire hydrants
provided therefor, for fire-fighting and other
municipal purposes, without charge to the CITY.
(e) The SUBDIVIDER, and its successors in title to the
Water Facilities, agrees to preserve and maintain the
water capacity of the well(s) and pumping facility
(ies) measured in terms of the Wisconsin Department
of Natural Resources, or other governmental
agency(ies), flow requirements and the requirements
of the CITY Utility, to satisfactorily serve the lots
in the subdivision.
D. Sanitary Sewer
1. SUBDIVIDER shall construct, install, furnish and provide a
complete sanitary sewerage collection system throughout
the entire Subdivision as approved by the City Engineer
and the Public Utilities Committee, all in accordance with
the plans, specifications and drawings attached hereto as
Exhibit "E". The cost of preparation of as-built plans
shall be paid by the SUBDIVIDER.
a 2 The CITY shall furnish the DEVELOPER such permits or ease-
ments as may be required by any public streets or public
property to enter upon and install the above described
sewerage system therein.
3. SUBDIVIDER shall complete, to the satisfaction of the City
Engineers, any remaining punch list items concerning the
Sanitary Sewer System prior to connection of any residence
to the sanitary sewer system.
4. The Subdivider shall televise the sanitary sewer system,
repair any defects as determined by the City Engineer,
supply video tape to the City of Muskego, and clean all
and acceptance of the improvements by the City. (See
sewer lines prior to the issuance of building permits
Section XII,l, b, 5)
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 and out-buildings; (b) destroyed trees, brush,
tree trunks, shrubs and other natural qrowth and; a (c) all rubbish -
3. SUBDIVIDER shall plant street trees in accordance with
Section 18.0913 of the Muskego Land Division Ordinance and
Resolution #P.C. 101-93.
F. Erosion Control Measures
1.
L.
3.
4
5
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" which must also be in accordance
with Chapter 29 of the CITY'S Municipal Code.
the approved plans prior to the grading and construction
Subdivider shall install silt fencing in conformance with
work. Such fences shall be maintained by the SUBDIVIDER
until such time as turf cover is established in the
notice to the CITY.
Subdivision. No grading shall occur without a two (2) day
shall comply with Chapter 29.
Mulching, seeding and/or sodding of all disturbed areas
The Subdivider is responsible for obtaining Erosion
Control Permits for the site for controlling erosion on
obtaining a separate erosion control permit at the time
the site and each individual lot owner is responsible for
any vegetation is disturbed and are responsible for
controlling erosion on their lot.
Fifteen Thousand Dollars ($15,000.00) from the Letter of
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
Fifteen Thousand Dollars ($15,000.00) is allowable upon
verification that fifty percent (50%) of disturbed areas are
vegetated. If, upon written notification of noncompliance
with Chapter 29, the items are not corrected within five (5)
days, the City may utilize up to Five Thousand Dollars
non-compliance. From time to time additional funds may be
($5,000) of the Developer's Deposit to correct the items of
required in the Developers Deposit to cover the cost of
maintenance as deemed appropriate by the Department.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be completed
by the SUBDIVIDER and his subcontractors in total within one (1)
year from the signing of this Agreement unless an earlier date is
provided for in this Agreement
The final surface course pavement shall be deferred until such
time as ninety-percent (90%) of the homes within the subdivision
of the first lift of asphalt, whichever occurs first. If the
have been completed or thirty-six (36) months after installation
final surface course of pavement or any other improvement is not
completed within twelve (12) months of the date of this Agreement,
the Subdivider shall extend the Letter of Credit, in form
acceptable to the City, until such time as the final surface
course of asphalt pavement and all other improvements have been
completed. If the City receives notice of the intent to terminate
the Letter of Credit prior to completion of the final surface
course of asphalt pavement and all other improvements, such notice
shall be considered a failure to complete the improvements in
accordance with this Agreement and shall entitle the City to
immediately draw against the Letter of Credit for such completion.
SECTION 111. DEDICATION
Subject to all of the other provisions of this Agreement,
SUBDIVIDER shall, without charge to the CITY, upon completion of
grant, convey and fully dedicate the roads and streets, sanitary
the above described public improvements, unconditionally give,
sewers, storm and surface water drainage facilities (excluding
those facilities which are to be owned and maintained by the
Homeowners Association(s) as illustrated in Exhibit "A" and as
described in the "Deed Restrictions"), to the CITY, its successors
and assigns, forever, free and clear of all liens and encumbrances
whatsoever, together with and including, without limitation
because of enumeration, any and all land, buildings, structures,
malns, conduits, machinery, plants, equipment, appurtenances and
hereditaments which may, in any way, be a part of or pertain to
easements for access thereto. The CITY will be receptive to the
such public improvements, together with any and all necessary
water drainage facilities, after the first lift of bituminous
dedications of said improvements, except for roads and surface
concrete pavement has been installed and when all said utilities
are completed and approved by the City Engineers and other
agencies as applicable
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES
SUBDIVIDER shall pay and reimburse the CITY in advance of the
signing of this Agreement, in accordance with Section 18.14 of the
CITY'S Land Division Ordinance and at times specified thexein but
in any event no more 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
ance of the improvements covered by Section I, including, without
relative to the construction, installation, dedication and accept-
paring, checking and review of designs, plans and specifications;
limitation by reason of enumeration, design, engineering, pre-
pliance with the applicable plans, specifications, regulations
supervision, inspection to insure that construction is in com-
to assure and implement such compliance. Failure to pay or
0.
and ordinances; legal, administrative and fiscal work undertaken
all construction inspections until such time as all anticipated or
reimburse the City in a timely manner may cause the City to cease
outstanding inspection and administration fees have be satisfied.
SECTION V. MISCELLANEOUS REQUIREMENTS
A.
B.
C.
0 D.
E.
F.
0
The SUBDIVIDER shall:
necessary by the City Engineers prior to the Final Plat being
Easements: Provide any easements on SUBDIVIDER'S land deemed
rear of lots, and are not any more restrictive to the building
signed, provided such easements are along lot lines or to the
of homes beyond the applicable sideyard and offset distances
required by the zoning for such lots.
Street Signs: Reimburse the CITY for the cost of all street
signs, traffic signs and posts, including the cost of their
installation except for such street and other signs approved
by the CITY, installed by the SUBDIVIDER and subsequently
made the responsibility of the Subdivision Maintenance
Association.
Manner of Performance: Cause all construction called for by
this Agreement to be carried out and performed in a good and
workmanlike manner.
other monuments required by State Statute or City Ordinance. Survey Monuments: Properly place and install any lot, block or
Deed Restrictions: Execute and record deed restrictions and
provide proof of recording prior to sale of lots in Champions
Village Addition No. 2 of Country Club Villages in the form
attached hereto, made a part hereof and marked Exhibit "G-1".
The deed restrictions shall also contain the following
language
"Each lot owner must strictly adhere to and finish grade his
office of the SUBDIVIDER and the office of the CITY Building
lot in accordance with the Master Grading Plan on file in the
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, for the purpose of inspection, maintenance,
Owner is responsible for the cost of same." (See Section and/or correction of any drainage condition and the Property
11.7.- "Construction Standards", Schedule A - Declaration of
Covenants and Restrictions for Champions Village of Country
Club Villages)
Grades: Furnish to the Building Inspector of the CITY a copy
of Exhibit 'IC" showing the street grade in front of each lot,
the finished yard grade, the grade of all four corners of the
where applicable, as existing and as proposed Lot grades
lot, and the corner grades of the buildings on adjoining lots,
G.
H.
1.
J.
L.
shall be in compliance with specifications as expressed in
Section I, B, 3 of this Agreement.
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 intersection shall be permitted
in the vision setback area in conformance with Section 17:5.02
(2) F & G of the Zoning Ordinance.
Sump Pump Connections: The SUBDIVIDER shall furnish to the
Plumbing Inspector of the CITY, a copy of storm drains and
clean-out locations in the form attached hereto and made part
hereof and marked Exhibit "H" showing the locations of
each dwelling to the storm sewer system. The ends of each
connections whereby sump pump drains can be connected from
Standard Details.
line shall have a clean-out in conformance with the City
Declaration of Restrictions: Execute and record Declaration of
Restrictions in the form attached hereto and made a part
hereof and marked Exhibit "I".
Street Lights: Install street lights in accordance with
Section 18.60 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 Corps
of Engineers before construction commences and prior to any
preconstruction meeting.
Sewer Extension Permits: The CITY has granted the DEVELOPMENT
Agreement between the CITY and the SUBDIVIDER, including
six-hundred(600) sewer extension permits pursuant to the
Subdivider's successors and assigns, entitled "Petition for
dated February 3,1992, as amended The lands subject to this
Improvements and Agreement Regarding Special Assessments"
Subdividers Agreement shall utilize twenty nine (29) of the
capacity for future phases of the development. Said sewer
sewer extension permits. There will remain 451 REC's of
by the CITY and the SUBDIVIDER which is made a part of this
extension permits shall be governed by said Agreement executed
Agreement by reference. Sewer extension permits in this case
are similar to RECs referred to in said Agreement.
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, C, D, & G hereof,
against defects due to faulty materials or workmanship provided
date of dedication and acceptance by resolution of the Common
that such defects appear within a period of one (1) year from the
Council. The SUBDIVIDER shall pay for any damages to CITY
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.
property resulting from such faulty materials or workmanship.
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
upon the CITY, its officers, agents, and employees, and expenses relating to the defense of any claim asserted or imposed
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,
hired by the CITY to perform service as to this subdivision and
its officers, agents, employees and any independent contractors
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 0 of the purchaser of any lot or any interest in any lot or parcel
herein, the provisions of this Agreement shall be for the benefit
of land in the Subdivision and that the sale of any lot or parcel
shall not release the Subdivider from the obligation to complete
the work on the attached exhibits
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 resolution of the
Common Council 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 and City Finance Committee.
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). No construction or grading may
begin until said permit has been received from the City of Muskego
SECTION XI. CONSTRUCTION PERMITS, ETC.
1 The CITY shall, within its authority, issue such permits, a adopt such resolutions, and execute such documents as may be
necessary to permit SUBDIVIDER to construct the improvements
0
2
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.
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
1. It is expressly understood and agreed that no Building Permits
shall be issued for any homes until the Building Inspector
verifies that the installation of the first lift of asphalt
has been installed to the farthest lot line of lots
containing homes.
2. It is further understood and agreed that no Occupancy Permits
shall be issued for any homes until such time as:
a) The City Engineer has verified that sanitary sewer,
utilities required to serve such homes have been fully
community water, surface water drainage facilities and other
required herein and,
installed and are connected with an operating system as
b) The City's Building Inspector verifies that the
installation of the first lift of asphalt has been installed
to service such homes and,
C) All required signatures have been obtained on the Covenants and Restrictions and same are filed with the CITY
and other proper authorities (Exhibit "G") .
d) Cleaning of the Storm Sewer System has been completed in
accordance with Section I, B, 4 and,
e) Video Tape of the Sanitary Sewer System has been
completed in accordance with Section I, B, 3.
f) Negative Balance in Developer's Deposit is satisfied
g) All lot grades have been certified by SUBDIVIDER'S
unless otherwise authorized by the Planning Director.
engineer to be in conformance with the Master Grading
Plan (see Section 1(B) (3) 1.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS
All the provisions of the CITY'S ordinances as well as the
Agreement between the CITY and the SUBDIVIDER, including
Subdivider's successors and assigns, entitled "Petition for
Improvements and Agreement Regarding Special Assessments" dated
February 3, 1992, as amended, 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, unless previously amended and/or voided by other
Agreements between the CITY and the SUBDIVIDER. 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 and Agreement.
SECTION XIV. FINANCIAL GUARANTEE
A. Letter of Crediti
SUBDIVIDER shall file with the City a Letter of Credit setting
Prior to the execution of this Agreement by the City, the
amount of Four Hundred Eighty Thousand Dollars ($480,000.00) as a
forth terms and conditions approved by the City Attorney in the
guarantee that the required plans, improvements, and approvals
will be completed by the SUBDIVIDER and his subcontractors no
later than one (1) year from the signing of the Agreement, except
if another date is provided for in this agreement, to c6mply with
all obligations to the subcontractors for work on the Subdivision
the provisions contained herein and as a further guarantee that
are satisfied
B. Invoices
addressed in the Letter of Credit, but attributable to the subject
Invoices documenting public improvements addressed and not
of the Subdivider's Agreement.
development shall be provided to the CITY at the time of signing
C. Release of Funds From Letter of Credit
The SUBDIVIDER shall provide the CITY with a written request to
Letter of Credit form, invoices for work completed for which a
the Finance Committee accompanied by: Request for Amendment to
release is being requested, breakdown of invoices in format of
Public Improvements Cost Breakdown Form, lien waivers for all work
which is subject of release request (See Section X1V.D )
D Developer's Deposit
The SUBDIVIDER shall maintain a positive balance in the
Developer's Deposit. No release from the Letter of Credit shall
otherwise authorized by the Common Council following a recommenda-
be entertained until the Developer's Deposit is satisfied unless
tion of the Finance Committee (See Section X1V.C.)
0 SECTION XV. PARTIES BOUND - A. SUBDIVIDER, or its assigns, and the CITY shall be bound by the
phase of the development of Champions Village of Country Club
terms of this Agreement, or any part herein, as it applies to any
Villages.
B. Approval by the CITY shall not be deemed a waiver as the
ultimate responsibility for the proper design and installation of
drainage facilities, ditches, landscaping, and all other
street improvements, drive and parking areas, water facilities,
improvements shall be the SUBDIVIDER'S. The fact that the CITY or
it's engineers, attorneys, or staff may approve a specific project
shall not constitute a waiver, or relieve the SUBDIVIDER from the
ultimate responsibility for the design, performance, and function
of the Development and related infrastructure
SECTION XVI. ASSIGNMENT
SUBDIVIDER shall not assign this Agreement without the written
consent of the CITY.
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, SUBDIVIDER AND THE 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: CITY OF MUSKEGO:
THE VILLAGES AT MUSKEGO LAKES,
PARTNERSHIP
BY : BY
Scott F. Krause, President
Country Club Villages, Inc.
David L. DeAngelis, Mayor
BY :
Paul Votto, Member
Lakeside Villages, LLC
BY
Jean K. Marenda, City Clerk,CMC
STATE OF WISCONSIN )
WAUKESHA COUNTY 1
Personally came before me this day of ,19
the above-named Scott F. Krause and Paul Votto, partners in
the Partnership, to me known as the parties who executed the
foregoing instrument and acknowledged the same as representatives
of the SUBDIVIDER.
Notary Public, Waukesha, WI
My Commission Expires:
STATE OF WISCONSIN )
I
WAUKESHA COUNTY )
0 Personally came before me this day of 19
the above named David L. DeAngelis, Mayor and Jean K. Marenda,
City Clerk, of the above-named municipal corporation, CITY of
Muskego, to me known to be the persons executing the foregoing
said Municipal
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 19
Notary Public, Muskego. WI
My Commission Expires:
CERTIFICATION
This is to certify that the foregoing is a true and correct copy
of the Subdivider's Agreement for Champions Village of Country
Club Villages, located in the City of Muskego, Wisconsin, as
entered into on the day of 19-,
by and between THE VILLAGES AT MUSKEG0 LAKES PARTNERSHIP, and the
CITY OF MUSKEGO, pursuant to the authorization by the Common
Council from its meeting on the ~ day of I19-
Jean K. Marenda, City Clerk, CMC
Clerk of Muskego, Wisconsin
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
BOUNDARY DESCRIPTION & SUBDIVISION FINAL PLAT
GRADING PLAN
STORM SEWER PLAN
WATER PLANS
SANITARY SEWER PLANS
EROSION CONTROL PLAN
COVENANTS AND RESTRICTIONS
SUMP PUMP DRAINS & CLEANOUTS
DECLARATIONS OF RESTRICTIONS - OPD
PERMITTEE'S AND/OR OWNER(S) 'S OF RECORD
AGREEMENT AND UNDERSTANDING AS TO OCCUPANCY
PERMITS
WATER TRUST
ASSIGNMENT OF RECs
PERMITTEE'S AND/OR OWNER(S) OF RECORD
AGREEMENT AND UNDERSTANDING AS TO OCCUPANCY
PERMITS (WATER)