CCR2000021b
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #21-2000
APPROVAL OF FINAL PLAT, SUBDIVIDER’S AGREEMENT,
AND LETTER OF CREDIT
Champions Village Addition No. 3 of Country Club Villages
WHEREAS, A Final Plat was submitted on November 11, 1999 for the Champions Village
Addition No. 3 of Country Club Villages Subdivision located in the NE % of Section 25 to create
37 lots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 005-
2000, as amended; and
WHEREAS, The Subdivider’s Agreement and Letter of Credit have been received for
Champions Village Addition No. 3 of Country Club Villages 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. 3 of Country Club Villages 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 and Letter of Credit for
Champions Village Addition No. 3 of Country Club Villages Subdivision, 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 0 and void.
BE IT FURTHER RESOLVED That this approval is subject to the passage and publication of
Ordinance #I 01 1
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.
DATEDTHIS 25Ih 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 #21-2000 which was
adopted by the Common Council of the City of Muskego.
‘* 1/00jmb
AMENDED
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE CHAMPIONS VILLAGE
ADDN. NO. 3 OF COUNTRY CLUB VILLAGES SUBDIVISION BY VlLLAGES AT MUSEKG0
RESOLUTION #P.C. 005-2000
LAKES PARTNERSHIP. LOCATED IN THE NE 1/4 OF SECTION 25
WHEREAS. On November I I 1999 a Final Plat was submitted by Villages at Muskcgo Lakes
Partnership for thc Champions Villagc Addn. No. 3 of Countn Club Villagcs Subdivision for propcrty
locatcd in thc NE 114 of Section 25 ~ and rcvlsions to said plat wcrc rcccivcd on December 15. 1999, and
WHEREAS. Said plat consist of 16.4 acrcs, and proposcs 37 parcels: ranging from I i_359 square
fect to 25_6 14 square fcct in size. and
WHEREAS, Said property is proposcd to be zoncd RS-3 / OPD Suburban Rcsidencc District with
Planned Development District Ovcrlay zoning, requlring a minimum lot size of 12,000 square feet and an
avcragc minimum width of X0 feet. and said lots meet said minimum zoning rcquircmcnts, and
WHEREAS, Said Final Plat substantially conforms to that of the Plan Commission's previously
approved preliminary plat, and
WHEREAS. The Land Usc 2005 Plan depicts this arca for mcdium density rcsidcntial
dcvcloplncnt and this proposcd Final Plat nlccts that goal. and
WHEREAS. Sad parcels will bc serviced by City scwcr and wll ~CCCSS water through a
community WCII and distribution system.
WHEREAS, Said Subdivision includcs a 30 foot landscapc plantlng eascnlcnt ad,iacent to Ryan
Road. and a landscape plan for said cascmcnt IS rcquircd by the Plan Conunisslon. and
WHEREAS: Strcct Trccs arc rcquircd to be Installed. and no plans havc been preparcd for review
and approval by thc Plan Commission. and
WHEREAS. Sanitan scwcr and watcr main construction plans havc bcen submitted for rcvlew by
the City Enginccr and Public Utilitics Conlmittcc. and
WHEREAS. Grading. Stormwatcr Management, and Strcct construction Plans havc been
submittcd for rcvIcw by thc City Enginccr and Public Works Conmlittec.
THEREFORE BE IT RESOLVED. That thc Plan Commission rccommcnds approval to the
Common Council of a 16.4 acre; 37 parcel, Final Plat for the Champions Villagc Addn. No. 3 of Country
Club Villages Subdivision by Villages at Muskcgo LACS Partncrship located in the NE 1/4 of Scction 25.
BE IT FURTHER RESOLVED, That this approval is subject to rcsolution of technical
discrepancies as idcntificd by the City Engincers, and paymcnt of all applicable fces in Section I X. 14 of the
Land Division Ordinance and outstanding asscssnicnts if applicable.
BE IT FURTHER RESOLVED. That this approval is subject to the establishment of a
Subdividcr's Agrccmcnt and Security for complction of all public improvements.
BE IT FURTHER RESOLVED: That this approval is sub,ject to the approval of all constructlon
plans by the Public Works Committee and Public Utilities Committee.
BE IT FURTHER RESOLVED. That this approval is sub,jcct to Plan Commission review and
approval of a detailed landscapc plan for the Ryan Road landscape cascmcnt prior to application for
building pcrmits on any parcel within Champions Village Addn. No. 3 of County Club Villages
Subdivision.
BE IT FURTHER RESOLVED, That this approval by the Plan Commission is subject to Plan
Commmion review and approval of a dctadcd street trcc plan for the streets within and abutting the Plat,
prior to applicatlon for building pcrmits on any parcel within Champions Village Addn. No. 3 of Country
Club Villages Subdivision.
BE IT FURTHER RESOLVED. That a digital *.DXF file of this final plat bc submitted to the
City prlor to Clty signatures being placed upon the CSM (3-1/2" diskcttc)
THEREFORE BE IT FURTHER RESOLVED, That Plan Commission retommends the RS-
3 I OPD, Suburban Residence I Planned Development Zoning to Common Council.
Plan Commlssion
City of Muskcgo
Adoptcd: 0 I-04-00
Dcfcated:
Dcfcrrcd'
Introduced: lanuan 4. 2000
ATTEST-
Sand1 Asti. Rccordlny Sccrctan
Page 2
SUBDIVIDER'S AGREEMENT
FOR
CHAMPIONS VILLAGE ADDITION NO. 3
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 January, 2000,
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.3, to be
known as "CHAMPIONS VILLAGE", a boundary description of which is
attached hereto as Exhibit "A" (hereinafter referred to as the
"SUBDIVISION" and the original of which will be recorded with the
Register of Deeds for Waukesha County and a copy of which is on
file in the Office of the City Clerk, for which a final plat was
approved by the City on (January _, 2000) ; and
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that,
as a condition of the Plat approval, the governing body of the
CITY may require that the Developer make and install certain
public improvements reasonably necessary for the Subdivision and
ways within the Subdivision, to be conditioned upon the construc-
further, may require dedication of public streets, alleys or other
without cost to said municipality; and
tion of said improvements according to municipal specifications
WHEREAS, the CITY's engineers, the CITY's Public Works Committee,
Public Utility Committee and Finance Committee have duly
approved, contingent upon certain other approvals, Subdivider's
plans and specifications for subdivision improvements, and the
CITY'S Plan Commission and Common Council have duly approved the
the execution and performance of this Agreement by the SUBDIVIDER.
Final Plat of CHAMPIONS VILLAGE ADDITION NO 3, contingent upon
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
1
Village Addition No 3, a part of Country Club Villages, (the
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
B. Storm and Surface Water Drainage and Master Grading Plan
1 SUBDIVIDER shall construct, install, furnish and provide
facilities as approved by the City Engineer and Public
Works Committee for storm and surface water drainage
Plan providing for sump pump discharge to a tile or storm
throughout the entire Subdivision, and a Master Grading
sewer system all in accordance with the plans and
specifications attached hereto, made a part hereof and
marked Exhibit "C"
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
to install additional storm drainage and erosion
control measures prior to acceptance of improvements by
the City of Muskego
2 The CITY shall furnish to the SUBDIVIDER such permits or
easements as may be required in any public street or prop-
erty to enter upon and install the above described surface
water drainage system therein.
3. 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
of dense vegetation where required by City of Muskego All
restoration of topsoil, planting seed and establishment
grades must be verified by Subdivider's engineers after
completion of grading to the following tolerances: All lot
overall grades must be from exact to minus six (6) inches;
corners must be from exact to plus or minus two (2) 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, B, 6)
C. Water
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
shall be in accordance with the plans and specifications
attached hereto as Exhibit "D".
shall be in accordance with plans and specifications to be
Said water supply system
submitted and approved, prior to construction of said
appropriate governmental agencies. The SUBDIVIDER shall
system, by the City Engineer, Public Utility Committee and
furnish "as built" plans of the entire system, including
hydrant and valve locations and locations and elevations of
built" plans shall be paid by the SUBDIVIDER. Said
laterals to lot lines. The cost of the preparation of "as-
specifically include well site property(ies) and all other
facilities are referred to as "Water Facilities" herein and
property and easements and other property interests
necessary to operate, repair, construct or reconstruct the
water system.
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.
SUBDIVIDER shall complete, to the satisfaction of the City
water system prior to connection of any residence to the
Engineers, any remaining punch list items concerning the
water system.
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-
Club Villages
tions and Water Trust for Champions Village and Country
e
e
0
5
6.
7.
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.
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
well(s), water mains and water laterals to be installed by
The following special provisions shall apply to the
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;
of such utility shall be formulated so as not to
produce any return upon the initial capital costs
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
(30) days prior written notice by the public owner of
any municipal, intermunicipal, or metropolitan water
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
and repair of the Water Facilities. SUBDIVIDER, or
in the subdivision for the installation, maintenance
its successors in title to the Water Facilities, in
connection with any such maintenance and repair work,
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,
and hold them harmless against all loss, damage
claims and expenses to or by any third party as a
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 SUBDIV.IDER, 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
of the CITY Utility, to satisfactorily serve the lots
agency(ies) , flow requirements and the requirements
in the subdivision.
D. Sanitarv Sewer
1.
2
3.
4.
~~ ~ -A ~~ 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
ments as may be required by any public streets or public
The CITY shall furnish the DEVELOPER such permits or ease-
property to enter upon and install the above described
sewerage system therein.
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,
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
sewer lines prior to the issuance of building permits
and acceptance of the improvements by the City. (See
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 growth and;
(c) all rubbish.
3 SUBDIVIDER shall plant street trees in accordance with
Resolution #P.C 101-93
Section 18.0913 of the Muskego Land Division Ordinance and
F. Erosion Control Measures
1.
2
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
with Chapter 29 of the CITY'S Municipal Code.
hereto as Exhibit "F" which must also be in accordance
Subdivider shall install silt fencing in conformance with
the approved plans prior to the grading and construction
work Such fences shall be maintained by the SUBDIVIDER
until such time as turf cover is established in the
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
the site and each individual lot owner is responsible for
obtaining a separate erosion control permit at the time
controlling erosion on their lot.
any vegetation is disturbed and are responsible for
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 TI. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I above shall be completed
year from the signing of this Agreement unless an earlier date is
by the SUBDIVIDER and his subcontractors in total within one (1)
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
have been completed or thirty-six (36) months after installation
of the first lift of asphalt, whichever occurs first. If the
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
whatsoever, together with and including, without limitation
and assigns, forever, free and clear of all liens and encumbrances
because of enumeration, any and all land, buildings, structures,
mains, conduits, machinery, plants, equipment, appurtenances and
hereditaments which may, in any way, be a part of or pertain to
such public improvements, together with any and all necessary
easements for access thereto. The CITY will be receptive to the
dedications of said improvements, except for roads and surface
water drainage facilities, after the first lift of bituminous
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
CITY'S Land Division Ordinance and at times specified therein but
signing of this Agreement, in accordance with Section 18.14 of the
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
relative to the construction, installation, dedication and accept-
ance of the improvements covered by Section I, including, without
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-
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
outstanding inspection and administration fees have be satisfied
all construction inspections until such time as all anticipated or
SECTION V MISCELLANEOUS REQUIREMENTS
The SUBDIVIDER shall
A
B
C
D
E
F
Easements Provide any easements on SUBDIVIDER'S land deemed
necessary by the City Engineers prior to the Final Plat being
signed, provided such easements are along lot lines or to the
of homes beyond the applicable sideyard and offset distances
rear of lots, and are not any more restrictive to the building
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
by the CITY, installed by the SUBDIVIDER and subsequently
installation except for such street and other signs approved
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. 3 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,
and/or correction of any drainage condition and the Property
Owner is responsible for the cost of same." (See Section
Covenants and Restrictions for Champions Village of Country
11.7.- "Construction Standards", Schedule A - Declaration of
Club Villages)
Grades: Furnish to the Building Inspector of the CITY a copy
of Exhibit "C" showing the street grade in front of each lot,
lot, and the corner grades of the buildings on adjoining lots,
the finished yard grade, the grade of all four corners of the
where applicable, as existing and as proposed. Lot grades
G
H
I
J
K
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
hereof and marked Exhibit "H"
clean-out locations in the form attached hereto and made part
showing the locations of
connections whereby sump pump drains can be connected from
each dwelling to the storm sewer system, The ends of each
line shall have a clean-out in conformance with the City
Standard Details
Declaration of Restrictions Execute and record Declaration of
hereof and marked Exhibit "I".
Restrictions in the form attached hereto and made a part
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
Improvements and Agreement Regarding Special Assessments"
dated February 3,1992, as amended. The lands subject to this
Subdividers Agreement shall utilize k.,L, _'.._ (37) of the
sewer extension permits. There will remain 414 REC's of
capacity for future phases of the development. Said sewer
extension permits shall be governed by said Agreement executed
by the CITY and the SUBDIVIDER which is made a part of this
kgreement 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
Counci 1 . 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 situations
SECTION VII. GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any
provisions of this Agreement or documents incorporated herein by
reference, SUBDIVIDER shall indemnify and save harmless and agrees
to accept tender of defense and to defend and pay any and all
reasonable legal, accounting, consulting, engineering and other
expenses relating to the defense of any claim asserted or imposed
upon the CITY, its officers, agents, and employees, and
independent contractors growing out of this Agreement as stated
above by any party or parties. The SUBDIVIDER shall also name as
additional insureds on its general liability insurance the CITY,
its officers, agents, employees and any independent contractors
hired by the CITY to perform service as to this subdivision and
give the CITY evidence of the same upon request by the CITY.
SECTION VI11 AGREEMENT FOR BENEFIT OF PURCHASERS
The SUBDIVIDER agrees that, in addition to the CITY's rights
herein, the provisions of this Agreement shall be for the benefit
of the purchaser of any lot or any interest in any lot or parcel
of land in the Subdivision 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,
adopt such resolutions, and execute such documents as may be
necessary to permit SUBDIVIDER to construct the improvements
0
0
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
2. 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 XI1
SECTION XI1 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
9) 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)) .
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
Agreements between the CITY and the SUBDIVIDER This Agreement
herein, unless previously amended and/or voided by other
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 Credit1
Prior to the execution of this Agreement by the City, the
SUBDIVIDER shall file with the City a Letter of Credit setting
forth terms and conditions approved by the City Attorney in the
amount of Thousand Dollars ($ , 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 the signing of the
Agreement, except if another date is provided for in this
agreement, to comply with the provisions contained herein and as a
further guarantee that all obligations to the subcontractors for
work on the Subdivision are satisfied
B Invoices
Invoices documenting public improvements addressed and not
addressed in the Letter of Credit, but attributable to the subject
development shall be provided to the CITY at the time of signing
of the Subdivider's Agreement
C Release of Funds From Letter of Credit
The SUBDIVIDER shall provide the CITY with a written request to
the Finance Committee accompanied by Request for Amendment to
Letter of Credit form, invoices for work completed for which a
release is being requested, breakdown of invoices in format of
which is subject of release request (See Section X1V.D.)
Public Improvements Cost Breakdown Form, lien waivers for all work
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
be entertained until the Developer's Deposit is satisfied unless
recommendation of the Finance Committee (See Section XIV C )
SECTION XV PARTIES BOUND
A. SUBDIVIDER, or its assigns, and the CITY shall be bound by the
terms of this Agreement, or any part herein, as it applies to any
phase of the development of Champions Village of Country Club
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 SEBDIVIDER 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
the date and year first written above.
seals to be hereunto affixed in duplicate original counterparts on
SUBDIVIDER CITY OF MUSKEGO
THE VILLAGES AT MUSKEGO LAKES,
PARTNERSHIP
BY : BY
Boris Sodos, Secretary David L. DeAngelis, Mayor
Country Club Villages, Inc.
BY : BY
Paul Votto, Member
Lakeside Villages, LLC I Jean K, Marenda, City Clerk,CMC
STATE OF WISCONSIN )
)
WAUKESHA COUNTY )
Personally came before me this day of I 19-
the above-named Boris Sodos 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 )
)
WAUKESHA COUNTY )
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
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 MUSKEGO LAKES PARTNERSHIP, and the
CITY OF MUSKEGO, pursuant to the authorization by the Common
Council from its meeting on the day of I 19-
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
GWLDING PLAN
STORM SEWER PLAN
WATER PLANS
SANITARY SEWER PLANS
EROSION CONTROL PLAN
COVENANTS AND RESTRICTIONS
SUMP PUMP DRAINS & CLEANOLJTS
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)
Memo
To: Finance C ittee
From: Brian Turk F
cc: Dawn Gunderson
>
Sean McMullen
Dah January 5.2000
Re: AMENDED Champions Village Addn. 3 Agreement, Cost Breakdown, Letter of Credit
The City Attorney's review of the Agreement led to several changes. most notably the removal of REC
allocations and related Exhibits. The amount of letter of credit has been lefl blank, to be determined
pending Finance Committee adion on the Public Improvement Cost Breakdown.
Burke Properties had proposed a $600.000 Letter of Credit. Upon review, Ruekert BMielke has
recommended that security be required in the amount of $636.125. The Burke proposal did not
include line items for watermain inspections, street trees, or landscape plantings. and was low on
erosion control and asbuilt drawings. Both versions are attached for your review.
The DRAFT Letter of Credii is in Clty standard form.
Staff recommends approval of the RBM version of the Cost breakdown, approval of the
Subdividers Agreement, and approval of the Letter of Credit form and amount of $636,125.
a
0 Page 1
. . .. ,.-.
January 4,2000
Brian Turk
City of Muskego
W I82 S8200 Racine Avenue
Muskego, WI 53 150-0749
Re: Champions Village Add. No. 3
Subdividers Agreement I
Via Hand Delivery
Dear Brian,
In response to your letter regarding the additional information needed for Finance Committee approval
enclosed please find the following:
2) Public Improvement Cost Breakdown
I) Subdivider’s Agreement with revisions as noted by the City Attorney (five copies).
3) Draft Letter of Credit
If you have any questions or need further information please contact Bill Pucillo or myself.
622 NorthWaler Street. Suite 200 *Milwaukee, Wl 53202 * Phone: 414.270.0200 - Fax: 4 14.270.0332 www.burke-hornes.com
Corporate Headquarters
JAN-04-00 12 11 FROM ASSOCIATED EANK MILU
-0 Associated Bank
IRRFVOCABLE STANDBY DOClJMEiiTARY CREDIT
CREDIT NO.: 0338 AMouKT:ussoo.oo
DATE: Ja~uq 4,2000
APPLICAT: BENEFICIARY
The ViJlap at Muskego Lalos P;maers6lp
622 N. Wvater Sw #ZOO
Milwaukee. WI 53202
I, City of Muskego W182 S82M) Racine Avenue
M&ego, WI 53 150
Dear Sin:
We hereby issuc chis irrevocable documenlaq! credit in your favor which is available by beneficiary’s
drafts a& si& dram on Associated Bank Milmuke. Each draA accompnying documents must me
“Draan Under Asscciated Bank Milwaukee Donunenw Credit No. 6338”.
Muskego Lakes Parmershrp obligations under &at cm-tein &rewent dated June 27,1995 benveeu rhe City
Thk Sadby Crdt is IO provide a guaranty IO the City of Muskego for the performance of The k-iillagcs at
of Mukego and the appliwr
DRAFTS ARE TO BE ACCOMPAMKD BY.
A stacemat sigoed hy the Mayor of the City of Muskgo staring that The Vaages at Muskego takes
Partnership has bled to complete the cons~uction of &division hpvemmts in accordance with said
Agreanent Said statement shall set foxth the estimated amount for the City of Muskego to complcte such
improvcmenrs.
lhis Smdby (:redit will terminate on December 51. 2001 provided, however, the Associated Baak
SPECIAL CONDITIONS:
least90dayspriortoDectmba31.2001.ARc+rhedatestarcdinrhisparagrapbrhisLea~ofCreditcaa
Milwaukee shall give wriam notice IO the beneficiary of its intenrion w texmjnate this Smdby Credit at
only rcrminatc upon W days winen notice to the Mciary.
We engage with pu cha! dnf& drawn under and in compliance with the terms of this cradir will be duly
honored ifprernred on orbcfore the apirarion date.. This on@ Smdby Credit mu% be subm~tld to us
wgether with ally drawings hereunder for our cndorsemmt of any paywnlp effected by us and /or for
CaIKeuaIions.
ass so cia^ Bank Milwaukee Approd’lhe Villages al Muskego Lakes PaU~errsip
By: Mr. Clark A. Rasmuwn
Smior Vice Prrsidmr
BY , bidem Counay Club Vie, Inc. , it’s General Panner
Public Improvement Cost Breakdown
Champions Village - Addition 3
1) Road Construction
a Excavation to Subgrade
b Stone Base Material
c Bituminous base course
d Bituminous surface course
e Concrete Pavement
f Other
g Engineering Inspections ''
2) Site Grading - Landscaping
a Lot Grading
b Drainage ditch construction
c Retention pond construction
d Tree & shrub plantings
e Trees & Shrub plantings
g Erosion Control
h Engineering Inspection
3) Topsoil. Seeding/Sodding
a Road ditch area
b Terrace areas in R 0 W
c Drainage ditches
d, Retention Ponds
e Areas as specified by City
f Engineering Inspections
g Other
4) Concrete Improvements
a Curb L Gutter
c Blvd /Traffic Islands
e Engineering Inspections
5) sanitary Sewer System
a Mains risers L manholes
b Laterals
c Dumping station & Generator
d Force Main
e Grinder pumps
f Engineering Inspections
g Other
Total
25.000 00
_. 22,750 00
31,500 00
14,000 00
0 00
0 00
7,000 00
100,250 00
68,000 00
0 00
0 00
0 00
0 00
5,000 00
4,000 00
77,000 00
0 00
12,500 00
0 00
0 00
0 00
1,000 00
0 00
13,500 00
21,450 00
0 00
1,000 00
22,450.00
165,000 00
0 00
0 00
0 00
0 00
13,000 00
0 00
178,000 00
Public Improvement Cost Breakdown
Champions Village - Addition 3
6) Water Main System
a Mains, valves & manholes
b Hydrants & leads
c Water services
d Well & Pumphouse
e Engineering Inspections
f Engineering Inspections
I!
7) Storm Sewer System
a Mains L manholes
b Catch basins & leads
c Culverts
d Drain tile
e Headwalls/ discharge struct
E Engineering Inspections
g Other
8) Special/Misc Improvements & Retainage
a Street Lights
b, Street Signs
c Signs as Specified by City
d, Erosion Control
e Other
9) Fees
a City Administration
b Engineering inspections
c Engineering as built drawings
d Legal
e Land Acquisition
f Other
84,000 00
0 00
0 00
0 00
0 00
0 00
84,000 00
97,800 00
0 00
0 00
0 00
0 00
5,000 00
0 00
102.800 00
0 00
1,000 00
1,000 00
5,000 00
0.00
7,000 00
10,000 00
0 00
5,000.00
0 00
0 00
0 00
15.000 00
Letter of Credit 600,000 00
r 'PUBLIC IMPROVEMENT COST BREAKDOWN +H pRaQasQb
Champion Village Add. # 3
LETTER OF CREDIT
#1 ROAD CONSTRUCTION
a. Excavation to subgrade
b. Stone base material
c. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Other
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d Tree Plantings
e. Landscape Plantings
f. Erosion control
g. Engineering Inspections
#3 TOPSOIL, SEEDlNGlSODDlNG
a. Road ditch area
b. Terrace areas - in ROW
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering Inspections
g. Other
#4 CONCRETE IMPROVEMENTS
a. Curb 8 Gutter
b. Blvd./traffic islands
c. Engineering Inspections
Beg. Bal ADJ. BAL.
25,000.00 25.000.00
22,750.00 22,750.00
31,500.00 31,500.00
14,000.00 14,000.00
0.00 0.00
0.00 0.00
7,000.00 7,000.00
100,250.00 100,250.00
68.000.00 68.000.00
0.00 0.00
0.00 0.00
10,125.00 10,125.00
10,000.00 10,000.00
5,000.00 5,000.00
4,000.00 4,000.00
97,125.00 97,125.00
0.00 0.00
12,500.00 12,500.00
0.00 0.00
0.00 0.00
0.00 0.00
1,000.00 1,000.00
0.00 0.00
13,500.00 13,500.00
21,450.00 21,450.00
0.00 0.00
1,000.00 1,000.00
22,450.00 22,450.00
#5 SANITARY SEWER SYSTEM
a. Mains.risers 8 Manholes
b. Laterals e d. Force main
c. Dumping station 8 Generator
e. Grinder pumps &chamber-indiv dwelling
f. Engineering Inspections
g. Other
#6 WATER MAIN SYSTEM
a. Mains, valves 8 manholes
b. Hydrants 8 leads
c. Water services
d. Well 8 pumphouse
e. Engineering Inspections
#7 STORM SEWER SYSTEM
a. Mains 8 manholes
b. Catch basins 8 leads
c. Culverts
d. Drain tile
e. Headwallsldischarge structures e f. Engineering Inspections
Beg. Bal ADJ. BAL.
165,000.00 165,000.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
13,000.00 13,000.00
0.00 0.00
178,000.00 178,000.00
84,000.00 84,000.00
0.00 0.00
0.00 , 0.00
0.00 0.00 ,
8,000.00 8,000.00
92,000.00 92,000.00
97.800.00 97.800.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
5,000.00 5,000.00
102.800.00 102.800.00
#8 SPECIAUMISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion Control
0.00 0.00
1,000.00 1 .ooo.oo
1,000.00 1,000.00
10,000.00 10,000.00
12.000.00 12.000.00
#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for w/s
d. Legal
e. Land acquisition
f. Other
TOTAL PROJECT ESTIMATE
LETTER OF CREDIT AMOUNT
ENGINEERING
10,000.00 10,000.00
0.00 0.00
8,000.00 8,000.00
0.00 0.00
0.00 0.00
0.00 0.00
18,000.00 18,000.00
0.00 636,125.00
47,000.00
N
c3
0 z rn
a X V