CCR20000031/00 jmb
AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #3-2000
APPROVAL OF FINAL PLAT AND
SUBDIVIDER'S AGREEMENT
Rosewood Estates Subdivision
WHEREAS, A Final Plat was submitted on November 17, 1999 for Rosewood Estates
Subdivision located in the NE % and NW % of Section 11 to create 19 lots and four outlots;
and
WHEREAS. The Plan Commission has recommended approval through Resolution #P.C. 152-
99; and
WHEREAS, The Subdivider's Agreement has been received for Rosewood Estates
Subdivision 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
Rosewood Estates 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 and any special assessments which may be due.
BE IT FURTHER RESOLVED That the Subdivider's Agreement for Rosewood Estates
Subdivision, as amended and attached, is 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 the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City.
DATED THIS llTH DAY OF JANUARY ,2000
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 #3-2000 which was adopted
by the Common Council of the City of Muskego.
." COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #3-2000
APPROVAL OF FINAL PLAT AND
SUBDIVIDER'S AGREEMENT
Rosewood Estates Subdivision
WHEREAS, A Final Plat was submitted on November 17, 1999 for Rosewood Estates
Subdivision located in the NE X and NW X of Section 11 to create 19 lots and four outlots;
and
WHEREAS, The Plan Commission'has recommended approval through Resolution #PC. 151-
99; and
WHEREAS, The Subdivider's Agreement has been received for Rosewood Estates
Subdivision 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
Rosewood Estates 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 and any special assessments which may be due.
BE IT FURTHER RESOLVED That the Subdivider's Agreement for Rosewood Estates
Subdivision, as attached, is 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 the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City.
DATED THIS DAY OF ,2000.
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 #3-2000 which was adopted
by the Common Council of the City of Muskego.
1/00 jmb Clerk-Treasurer
RESOLUTION #P.C. 15 1-99
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE ROSEWOOD
ESTATES SUBDlVlSlON , LOCATED IN THE NE Vi AND NW 1/4 OF SECTION I1
(TAX KEY NO. 2202-994)
WHEREAS, On November 17, 1999 a Final Plat was submitted by Glenn Miller for Rosewood
Estates Subdivision located in the NE Vi and NW Vi of Section 11. and revisions were received on
December 3, 1999, and
WHEREAS.’Said plat consist of nineteen lots, ranging from 20, 001 square feet to 28,346 square
feet in size, and four Outlots, and
WHEREAS, Said property is zoned RS-2 Suburban Residence District, requiring a
minimum lot size of 20.000 square feet and an average minimum width of 1 IO feet. and said lots
meet said minimum zoning requirements, and
WHEREAS, Said Final Plat substantially conforms to that of the approved preliminary
plat, under Plan Commission Resolution WC. 18-99. and Common Council Resolution #27-99,
and
WHEREAS, The Land Use 2005 Plan depicts this area for medium density residential
development and this proposed final plat meets that goal. and
WHEREAS. Parcels will be serviced by City sewer and will access water through
individual wells.
WHEREAS, Said Subdivision includes a reservation for the future extension of Moorland
Road corridor, a 30 landscape planting easement is located adjacent to said corridor, and a
landscape plan for said easement is required by the Plan Commission, and
WHEREAS. Street Trees are required to be installed, and no plans have bee prepared for
review and approval by the Plan Commission. and
WHEREAS, Said Subdivision includes an outlot proposed to be acquired for public open
space purposes, and the Park Board is on record in support of the acquisition, and
WHEREAS. Said Subdivision includes wetlands which have been field delineated by the
Southeastern Wisconsin Regional Planning Commission, and which have been illustrated on the
face of the Final Plat, and
WHEREAS, Sanitary sewer construction plans have been approved by the Public Utilities
Committee, and
WHEREAS, Grading, Stonnwater Management, and Street construction Plans have been
approved by the Public Works Committee.
0 ROSEWOOD ESTATES SUBDIVISION
SUBDIVIDER'S AGREEMENT
This Agreement, made this ~ day of by andbetween (the "Subdivide?)
and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha
County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a proposed Final Plat for
Rosewood Estates Subdivision (the "Subdivision"), a description of which is attached hereto as Exhibit
A, the original of which will be recorded with the Register of Deeds for Waukesha County and a copy of
which is on file in the Office of the City Clerk, for which a Final Plat was approved by the City;
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat
approval, the governing body of the City may require that the Subdivider make and install certain public
improvements reasonably necessary for the Subdivision and further, may require dedication of public
streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said
improvements according to municipal specifications without cost to said municipality; and
WHEREAS, the City's Engineers, 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 Rosewood Estates Subdivision contingent upon the execution and
performance of this agreement by the Subdivider . 0 NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree
as follows:
SECTION I : PLATTING
Subdivider shall entirely at its expense:
1, Within fourteen (14) days after approval of this Agreement by the Common Council, the Subdivider
shall execute this Agreement shall cause this Agreement to be recorded at the Waukesha County
Register of Deeds and shall provide City with evidence of recording.
2. Within fourteen (14) days after approval by all approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the Final Plat of Rosewood Estates to be executed
and recorded, and shall provide City with evidence of recording.
3. Within fourteen (14) days after execution of this Agreement tender funds to the Developers Deposit
account for Rosewood Estates in lieu of tendering an Irrevocable Standby Letter of Credit in the
amount required herein. No construction activity may commence until this Agreement has been
executed and recorded, and the required security in lieu of the Letter of credit has been tendered.
4. Prior to commencing construction on improvements as required herein and prior to recording the
Final Plat of Rosewood Estates, Subdivider shall provide the City with title evidence acceptable to
the City Attorney showing that upon recording the Plat, the City will have good, indefeasible title to
all interests in land dedicated or conveyed to the City by the Plat.
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SECTION II : IMPROVEMENTS
City shall furnish the Subdivider such permits or easements as may be required to enter upon and
install the following described improvements in any public street or public property.
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1 Grade and improve all roads and streets 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. Restore any damage to existing Westcot Drive pavement which may result from construction of
subdivision improvements.
0. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PIAN:
1 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. Grade and improve all lots in conformance with the Master Grading Plan attached hereto and made
a part hereof and marked Exhibit "C" Restore with topsoil and seed. Establish dense vegetation.
All grades must be verified by Developer's Engineer after completion with the following tolerances:
All lot corners 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) inches to allow for standard finish.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits
by the City.
4. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage
features which are outside of the rights-of-way of Westcot Drive and Rosewood Drive in perpetuity,
as provided for in the Maintenance Agreement attached hereto as Exhibit "D
C. SANITARY SEWER:
1 Construct, install, furnish, and provide a complete sanitary sewage 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
2. Complete, to the satisfaction of the City Engineer, any remaining punch list items concerning the
Sanitaly Sewer System prior to the connection of any residence to the sanitary sewer systems.
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supply video tape to City of Muskego, and clean all sewer lines prior to the issuance of building
3. Televise the sanitary sewer system, repair any defects as determined by the City Engineer, and
permits, and acceptance of improvements by the City.
D. LANDSCAPING:
I, Preserve existing trees outside of the public right-of-way whenever practical, when installing the
Subdivision improvements.
2. Remove and lawfully dispose of: (a) all old barns, outbuildings; (b) destroyed trees, brush, tree
trunks, shrubs and other natural growth; (c) and all rubbish.
3. Plant street trees in accordance with Section 18.60 of the Muskego Land Division Ordinance and
Resolution #P.C. 101-93 in accordance with plans approved by the Plan Commission and attached
hereto as Exhibit "F
4. Install plantings within the 30 foot landscape planting easement adjacent to Moorland Road in
accordance with plans approved by the Plan Commission and attached hereto as Exhibit "F"
E. EROSION CONTROL MEASURES:
1 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. No
construction or grading can begin until said permit is issued by the City.
0 2. 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
Chapter 29 of the City's Municipal Code.
Department attached hereto as Exhibit "F and in accordance with the plans and specifications with
3. 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 vegetative cover is
established in the Subdivision. No grading shall occur without a two (2) day notice to the City.
4. Install Mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 29
5. Obtain Erosion Control and Land Disturbance Permits for the site for controlling erosion on the site.
any vegetation is disturbed and are responsible for controlling erosion on their subject lot.
Each individual lot owner is responsible for obtaining a separate erosion control permit at the time
6. Maintain Fourteen Thousand Dollars ($14,000.00) from the Securities tendered to the Developers
Deposit, to be retained until adequate vegetation is established as determined by City Engineer, A
reduction of fifty percent (50%) of the Fourteen Thousand Dollars ($14,000.00) portion of the Letter
of Credit is allowable upon verification of fifty percent (50%) of disturbed areas are vegetated. If,
upon a written notification by the City Engineer or Building Inspection Department of non-
compliance of Chapter 29, the terms are not corrected within five (5) days, the City may utilize the
Fourteen Thousand Dollars($14,000.00) portion of the Letter of Credit to correct the terms of non-
0 conformance.
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SECTION 111 : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section II above shall be substantially completed by the Subdivider
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.
If the final surface course of pavement is not completed within twelve (12) months of the date of
this agreement, the Subdivider shall maintain funds in the Developers Deposit account, which is
tendered in lieu of the Letter of Credit, in a form and amount acceptable to the City until such time as
the final surface course of pavement is completed.
SECTION IV : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and
upload of data to City's Geographic Information System, and City may utilize Subdivider's Developers
Deposit account for all charges related hereto.
SECTION V : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
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, , storm 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, it successors and assigns, forever, free
and clear of all encumbrances whatever together with and including, without limitation because of
enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery,
equipment, appurtenances and hereditaments which may in any way be a part of or pertain to 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.
Following the completion of all improvements and tender of dedication by Subdivider, the City shall
have the right to connect to or integrate other utility facilities with the improvements provided herein
without payment, award, or consent required of the Subdivider
SECTION VI : INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, 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 11,
including without limitation by reason of enumeration, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
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compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative
and fiscal work undertaken to assure and implement such compliance.
Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction
inspections until such time as all anticipated or outstanding inspection and administration fees have
been satisfied.
SECTION VI1 : MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1 Easements: Provide any easements on Subdivider's land deeded 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 side yard and
offset distances required by the zoning for such lots.
2. Street Signs: Reimburse the City for the cost of all street signs, traffic signs and posts, including the
cost of their installation.
3. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner
4. Survey Monuments: Place and install monuments required by State Statute or City Ordinance.
5. Deed Restrictions: Execute and record deed restrictions and provide proof of recording prior to sale
of lots in the Subdivision in the form attached hereto, made a part hereof and marked Exhibit "G
The deed restrictions shall contain the following language:
"Each lot owner must strictly adhere to and finish grade his lot in accordance with the Master
Grading Plan on file in the office of the Subdivider and the office of the City Building Inspector
unless a change is approved by the City Engineer. The Subdivider andlor the City andlor the
agents, employees or independent contractors shall have the right to enter upon any lot, at any
time, for the purpose of inspection, maintenance, correction of any drainage conditions and the
property owner is responsible for the cost of the same."
6. Maintenance Agreement: Execute and record a Maintenance Agreement relating to privately owned
storm water appurtenances, and provide proof of recording prior to sale of lots in the Subdivision in
the form attached hereto, made a part hereof and marked Exhibit "D
7 Grades: Furnish to 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 (4) comers of the lot and grades of the buildings on
adjoining lots, where applicable, as existing and as proposed.
8. Permits: Submit to the City valid copies of all agency permits including the Wisconsin DNR and
US. Army Corps of Engineers before construction commences and prior to any preconstruction
meeting.
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SECTION Vlll : GUARANTEES:
The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains, surface
water drainage improvements and all other improvements described in~Section 11, Items A, B, C. & D,
hereof, against defects due to faulty materials or workmanship provided that such defects appear within
a period of one (1) year from the date of dedication and acceptance. The Subdivider shall pay for any
damages to City property resulting from such faulty materials or workmanship. This guarantee shall not
be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on
negligence shall govern such situation.
SECTION IX . 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 contractors growing out of this agreement as
stated above by any party or parties. The Subdivider shall also name as additional insured on its
general liability insurance the City, its officers, agents, and employees, and any independent
contractors hired by the City to perform service as to this Subdivision and give the City evidence of the
same upon request by the City.
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers,
agents, independent contractors, and employees from and against all claims, damages,
losses, and expenses, including attorney's fees arising out of or resulting from the
performance of the Work, providing that any such claim, damage, loss, or expense (i) is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom,
and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its
officers, agents, independent contractors, and employees or anyone for whose acts any of
them may be made liable, regardless of whether or not it is caused in part by a party
indemnified herein. A claim for indemnification under this section shall be conditioned upon
the City giving to the Subdivider, within five (5) business days of receiving the same, written
notice of any such claim made against the City for which indemnification is sought, and if
requested to do so by Subdivider's insurance carrier, the City shall tender the defense of
such claims to the Subdivider's insurance carrier In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Subdivider, its officers,
agents, independent contractors, employees, and anyone directly or indirectly employed by
any of them or anyone for whose acts any of they may be held liable, the indemnification
obligation under this section shall not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by or for the Subdivider, its officers,
agents, independent contractors, employees under Workers' Compensation Acts, disability
benefit acts, or other employee benefit acts.
e
b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement
or in exercising any power or authority granted to them thereby, there shall be no personal
liability of the City officers, agents, independent contractors, or employees, it being
expressly understood and agreed that in such matters they act as agents and
representatives of the City. 0
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C) Indemnification for Environmental Contamination, The Subdivider shall indemnify, defend,
and hold CITY and its officers, agents, independent contractors, and employees harmless
from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable
fees for attorneys, consultants, and experts) that arise as a result of the presence or
suspected presence in or on the real property dedicated or conveyed to the City by, under,
pursuant to, or in connection with the Plat and this Agreement (including but not limited to
street right-of-way) of any toxic or hazardous substances arising from any activity occurring
prior to the acceptance of all improvements. Without limiting the generality of the foregoing,
the indemnification by the Subdivider shall include costs incurred in connection with any site
investigation or any remedial, removal, or restoration work required by any local, State, or
Federal agencies because of the presence or suspected presence of toxic or hazardous
substances on or under the real property, whether the soil, groundwater, air, or any other
receptor The City agrees that it will immediately notify Subdivider of the discovery of any
contamination or of any facts or circumstances that reasonably indicate that such
contamination may exist in or on the real property. The City also agrees that upon
notification to Subdivider that contamination may exist, the City shall make reasonable
accommodations to allow Subdivider to examine the real property and conduct such clean
up operations as may be required by appropriate local, State, or Federal agencies to comply
with applicable laws.
SECTION X : 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.
SECTION XI. CONSTRUCTION PERMITS, ETC ...,
The CITY shall, within its authority:
1 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 Subdividets compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations.
2. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
3. Make available to the Subdivider or their nominee successors or assigns, permits for the
construction of single family residences subject to the provision of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any homes until the City's Engineers have determined that:
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1 The sanitary sewer, and surface water drainage facilities required to serve such homes are
connected with an operational system as required herein, and
2. The Building Inspector verifies that the installation of the bituminous concrete base course
pavement has been installed, and
3. Deed Restrictions have been recorded, and
4. Maintenance Agreement has been recorded, and
5. Video tape of sanitary sewer system has been furnished to the City Engineer, and
6. Certification is provided to the City Engineer by a Registered Land Surveyor that all lot grades
conform to the Master Grading Plan, and
7 Negative balance in Developets Deposit is satisfied unless otherwise authorized by the Planning
Director
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions
shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein.
This Agreement and all work and improvements required hereunder shall be performed and carried out
in strict accordance with and subject to the provisions of said ordinances.
SECTION XIV. FINANCIAL GUARANTEES:
1 SECURITY FOR COMPLETION OF IMPROVEMENTS: Prior to the execution of this agreement by
the CITY, the Subdivider shall in lieu of filing with the CITY a Letter of Credit, deposit additional
funds to a segregated Developers Deposit Account in the amount of $349,586.00 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. All funds deposited to this segregated Developers Deposit
Account shall be in addition to the $2,000.00 Developers Deposit required to be maintained in
accordance with the procedures adopted for municipal cost recovery relating to Land Division.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the
Deposit tendered in lieu of Letter of Credit, but attributable to the subject development
shall be provided to the City.
b) Release Of Funds From Security: The Subdivider shall provide City with a written request
to the Finance Committee accompanied by: Request for Amendment to Security,
invoices for work completed for which a release is being requested, breakdown of
invoices in format of Public Improvement Cost Breakdown form, lien waivers for all work
which is subject of release request. The City shall process all requests in accordance
with its adopted policies for releases of Letters of Credit, and all checks shall be
processed through the City's normal accounts payable cycle. In accordance with City
policies relating to Letters of Credit, the City shall not be obligated to release funds from
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the security in any amount until completion of the improvement required by this
Agreement.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $2,000.00 balance in the Developer's
Deposit in accordance with City policies. The $2,000.00 balance shall be in addition to funds
deposited in accordance with Section XIV(1) above. In the event Subdivider fails to maintain the
required balance in this Developers Deposit Account, City may draw funds from the Deposit
provided in lieu of Letter of Credit.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement,
the City shall have the right, without notice or hearing, to impose special assessments for
any amount to which the City is entitled by virtue of this Agreement upon the Subdivision.
This provision constitutes the Subdivider's consent to the installation by the City of all
improvements required by this Agreement and constitutes the Subdivider's waiver of
notice and consent to all special assessment proceedings as described in Sec. 66.60
(18), Wis. Stats.
b) Remedies not exclusive. The City may use any other remedies available to it under the
Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein.
SECTION XV. PARTIES BOUND:
Subdivider or his assignees shall be bound by the terms of this agreement or any part herein as it
apples to any phase of the development. Approval by the City shall not be deemed a waiver as the
ultimate responsibility for the proper design and installation of streets improvements, drive and parking
areas, water facilities, drainage facilities, ditches, landscaping and all other improvements shall be the
Subdividers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific
project shall not constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design,
performance, and function of the Development and related infrastructure.
a
SECTION XVI. AMENDMENT AND ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the City. The City and the
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
the Subdivider
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SECTION XVll PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate
officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year
first written above.
A. SUBDIVIDER:
By:
Glen A. Miller. President ~~ ~~~
Rosewood Estates Corporation
By:
Donna L. Brady, Secretary
Rosewood Estates Corporation
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of to me known to
be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
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Rosewood Estates
Subdividerr Agreement
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and 0 their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
B. CITY OF MUSKEGO:
BY.
David L. DeAngelis, Mayor
BY;
Jean Marenda, City CleMreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of
199 , the above named David L. DeAngelis, Mayor, and Jean Marenda, City CleWreasurer, of the
above-named municipal 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 CleMreasurer of said municipal
deed of said municipal corporation by its authority and pursuant to the authorization by the Common
corporation, and acknowledged that they executed the foregoing instrument as such officers as the
Council from their meeting on the ~ day of
Notary Public-State of Wisconsin
My Commission Expires
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Rosewood Estates
Subdividers Agreement
a CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for
Rosewood Estates Subdivision, Muskego, Wisconsin, as entered into on the day of
authorization by the Common Council from their meeting on the - day of
by and between I __I and the City Of Muskego. pursuant to the
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerluTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of I -.
(Notary Public)
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Rosewood Estates
Subdividers Agreement
EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT B - ROAD AND STREET CONSTRUCTION PLANS
EXHIBIT C - MASTER GRADING PLAN
EXHIBIT D - STORMWATER MANAGEMENT MAINTENANCE AGREEMENT
EXHIBIT E - SANITARY SEWER PLAN
I EXHIBIT F - LANDSCAPING AND EROSION CONTROL PLAN
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