CCR2000188AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #188-2000
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT,
LETTER OF CREDIT, AND
MODEL HOME AGREEMENT
Lakewood Development
WHEREAS, A Final Plat was submitted for the Lakewood Condominium Development
(f.k.a. Overlook Bay Phase II) located in the SE % of Section 8; and
WHEREAS, The Plan Commission has recommended approval through Resolution
#P.C. 143-2000; and
WHEREAS, The Subdivider's Agreement, Letter of Credit, and Model Home Agreement
have been received for Lakewood Development 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 the Lakewood Condominium Development, 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 Common Council of the City of Muskego waives
acquisition of isolated natural resource areas as illustrated in the Park and Open Space
Plan.
BE IT FURTHER RESOLVED That the Subdivider's Agreement, Letter of Credit, and
Model Home Agreement for the Lakewood Condominium Development, as amended
and 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 the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
Reso. #188-2000
DATEDTHIS 12'h DAY OF SEPTEMBER ,2000,
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
1 0 This is to certify that this is a true and accurate copy of Resolution #188-2000 which
was adopted by the Common Council of the City of Muskego.
&KM&
I 9100jmb
ADOPTED
RESOLUTION #P.C. 143-2000
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR LAKEWOOD
DEVELOPMENT LOCATED IN THE SE % OF SECTION 8 (TAX KEY NOS 2192.979,
2192.982, AND 2192.058)
WHEREAS, a Final Plat was submitted by Gary Januszewski for a four (4) lot land
division for the Lakewood Condominiums (f.k.a Overlook Bay Phase II) property
located in the SE % of Section 8, and
WHEREAS, Said property is zoned B-3 I RSM I OPD. and is subject to the provisions
of Planned Development Districts approved for the Muskego Centre and Overlook Bay
Phase II, and
WHEREAS, Part of Lot 1 and Lot 2 was originally platted as part of the Bay Shore Hills
Subdivision and the outer boundary of a previously platted subdivision may only be
altered by a Final Plat per Wis. Stats. 236.34(1), and
WHEREAS, Lot 1 would continue to be used for its existing commercial and residential
purposes, Lot 2 would be utilized for site access purposes and future commercial
development, Lot 3 would be utilized for the proposed 46-unit Lakewood Condominium
development, and Outlot 1 would be utilized by Lakewood Condominiums for 0 stormwater management purposes, and
WHEREAS, The Final Plat substantially conforms to the Preliminary plat approved by
Plan Commission Resolution #PC 103-2000, and
WHEREAS, The Final Plat illustrates the proper right-of-way dedication as required by
the Waukesha County DOT, and
WHEREAS, The Final Plat illustrates private street areas which must be designed and
constructed to public street standards, but which are under the jurisdiction of Chapter
32 of the Municipal Code, and
WHEREAS, Vision corners are required for all public street and private street
intersections, and none are illustrated on the Final Plat, and
WHEREAS, Wetlands have been surveyed and are delineated on the Plat, and the
setback from wetlands must be illustrated on the Final Plat, and
WHEREAS, Floodplains have been surveyed and are delineated on the Plat, and the
elevation two feet above the 100 year flood recurrence level must be illustrated on the
Final Plat, and
WHEREAS, A navigable waterway traverses the Plat, and its location, ordinary high
Plat, and
0 water mark, and setback from ordinary high water mark must be illustrated on the Final
WHEREAS, The parcels will be connected to public sewer and water facilities.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to
the Common Council of a Final Plat for the Lakewood Condominiums property located
in the SE X of Section 8 and will be receptive to the submittal of a final plat, subject to
resolution of technical discrepancies as identified by the City Planning Department,
City Engineers, and Fire Department, and payment of all applicable fees in Section
18.14 of the Land Division Ordinance and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That a '.DXF, '.DWG, or '.DGN file of this Final Plat
shall be submitted to the City and approved by the City Engineer prior to City
signatures being placed upon the CSM (3-112" diskette).
BE IT FURTHER RESOLVED, That all setbacks from wetlands and navigable
waterways shall be illustrated on the Final Plat.
BE IT FURTHER RESOLVED, That vision corners required by Chapter 18 of the
Municipal Code shall be illustrated on the Final Plat.
BE IT FURTHER RESOLVED, That the elevation two feet above the 100 year flood
recurrence level shall be illustrated on the Final Plat.
I
I
Plan Commission
City of Muskego
Adopted: July 18,2000
Defeated:
Deferred:
Introduced: July 18, 2000
AmEST Sandi Asti, Recording Secretary
dkwdc. d. &
Memo
To: Mayor DeAngelis
Finance Committee
Fmm: Brian Ti%@
Cc: Dawn Gundenon
Sean McMullen
Scott Kloskowski
Data August 31,2000
Re: Lakewood Development Agreement
Attached please find the Developen Agreement for Lakewood Condominiums. This is in the City's
standard form with the following exceptions:
0 1, As a planned unit development, the allocation of Outlot 1's open space is granted to Lot 1 - the future commercial lot abutting Racine Avenue. The development of the commercial lot is not
addressed by this agreement.
2. Water main over-sizing to serve areas beyond the plat boundary is to be reimbursed by the City,
in accordance with local ordinance. and the procedures established by the Utility Committee for
Quietwood Creek.
3. Roads are private but built Io City specifications.
I APPROVAL IS RECOMMENDED
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LAKEWOOD DEVELOPMENT - CITY OF MUSKEG0
SUBDIVIDERS AGREEMENT No. 1
This Agreement, made this - day of ,2000 by and between Lakewood
Condominiums Inc. and Lakewood Commercial Development Inc. (together known as the "Subdivider")
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 Final Plat for Lakewood
Development (the "Subdivision"), a description of which is attached hereto as Exhibit A, the Final Plat@)
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
I improvements reasonably necessary for the Subdivision and further, may require dedication of public
I 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 Utilities Committee
and specifications for subdivision improvements, and the City's Plan Commission and Common Council
have duly approved the preliminary plat of Lakewood Development contingent in part upon the
execution and performance of this Agreement by the Subdivider
l and Finance Committee have duly approved, contingent of certain other approvals, Subdivider's plans
le NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree
as follows:
SECTION I : PLATTING
1 This Subdividers Agreement addresses the development the Final Plat of Lakewood Development,
the purpose being the future development of Lot 3, for forty-eight (48) units of multiple family
residential condominiums to be located in six (6) structures, one outlot platted for open space and
stormwater retention purposes, and one lot for commercial purposes, all being under the Provisions
of Chapters 17 and 18 of the Municipal Code, and under the auspices of OPD - Planned
Development District overlay zoning.
2. The Outlot shall be reserved for common open space purposes consistent with OPD Planned
Development overlay zoning requirements, and shall be owned and maintained by an incorporated
Owners Associations established by Subdivider The open space of the outlot shall be used when
calculating the open space requirements for Lot 1
3. Subdivider shall entirely at its expense:
a) 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.
b) 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 Lakewood Development to I
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Lakewood Development
Subdividers Agreement
be executed and recorded, and shall provide City with evidence of recording 0 c) Upon execution of this Agreement tender an Irrevocable Standby Letter of Credit in the amount
required herein for the construction of the Subdivision. No construction activity may commence
until this Agreement has been executed and recorded, and the Letter of Credit has been
tendered.
d) Place and install monuments required by State Statute or City Ordinance
SECTION II . PHASING
1 Subdivider and City agree that Final platting and the installation of public and private improvements
described in Section 111 shall occur in one phase.
2. Except as required in Section I and Section 111 of this Agreement, Lots 1 and 2 are not a part of this
Agreement. It is expressly understood that Lot 1 is owned by a third party and not a part of this
Agreement. Any development of Lot 2 shall be addressed by separate Agreement between
Subdivider and City.
SECTION 111 : IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS: ' roads and streets in accordance with the plat, and including off site improvements necessary to
I Grade and improve all private roads and streets and their connections to existing public and private
provide such roads and streets, as approved by the City Engineer and Public Works Committee as
indicated in the plans and specifications attached hereto, made a part hereof and marked Exhibit
"B,
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Install a minimum of six (6) private street lights within the Subdivision, to be owned and operated by
an incorporated Owners Association.
4. Reimburse the City for the cost of all street signs, public street lights if determined to be necessary
I by the City or Waukesha County), traffic signs and posts, including the cost of their installation.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
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 all in accordance with the plans and specifications attached hereto, made a part
hereof and marked Exhibit "E" The City retains the right to require the Subdivider to install at its
cost additional storm drainage and erosion control measures Drior to acceDtance of imDrovements - by the City of Muskego.
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Lakewood Development
Subdivides Agreement
2. Grade and improve all lots in conformance with the Master Grading Plan attached hereto and made
a part hereof and marked Exhibit "B Restore with topsoil and seed, Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits
by the City.
4. 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 "C"
5. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage
features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance
Agreement attached hereto as Exhibit "C
C. SANITARY SEWER:
1 Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
such system, 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"
I system throughout the entire Subdivision, and including off site improvements necessary to provide
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2. Complete, to the satisfaction of the City Engineer, any remaining punch list items concerning the
I Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems.
3. Televise the sanitary sewer system, repair any defects as determined by the City Engineer, and ' supply video tape to City of Muskego, and clean all sanitary sewer lines prior to the issuance of
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building permits, and acceptance of improvements by the City.
D. WATER MAIN:
1, Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, including off site improvements necessary to provide such system, throughout the entire
Subdivision, as approved by the City Engineer and Public Utilities Committee and in accordance
with the plans and specifications attached hereto as Exhibit "E"
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2. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
1 3. Complete to the satisfaction of the City any punch list items concerning the water system prior to connection of any building to the water system.
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E. LANDSCAPING:
I 1 Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
I installing the Subdivision improvements. Replace trees on a 1.1 basis as required by the Land
Division Ordinance, in accordance with plans to be approved by the Plan Commission.
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e 2. Remove and lawfully dispose of: (a) all old barns, outbuildings and structures; (b) destroyed trees,
brush, tree trunks, shrubs and other natural growth; (c) and all rubbish.
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Subdividers Agreement
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land 0 Division Ordinance, in accordance with plans to be approved by the Plan Commission.
F 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.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control
Devices or measures in specified areas of the Subdivision, as approved by the City Engineer and
the Building Inspection Department attached hereto as Exhibit "C" and in accordance with the plans
and specifications with Chapter 29 of the City's Municipal Code.
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. ,
I 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.
6. Maintain thirty-five thousand ($35,000.00) from the Letter of Credit, to be retained until adequate
vegetation is established as determined by the City Engineer, A reduction of fifty percent (500/,) of
the, thirfy-five thousand dollar ($35,000.00) portion of the Letter of Credit is allowable upon
verlflcatlon that 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 thirty-five thousand dollar ($35,000.00)
portion of the Letter of Credit to correct the terms of non-conformance.
G. PEDESTRIAN WAYS:
1, Construct, install, furnish, and provide without cost to City, a complete bike path abutting the Racine
Avenue frontage of Lots 1 and 2, and including off site improvements necessary to provide such
system, as approved by the City Engineer, the Park Board, and the Public Works Committee all in
accordance with the plans, specifications and drawings attached hereto as Exhibit "B
I City shall:
H. REIMBURSEMENTS FOR UTILITY OVER SIZING
1, Reimburse Subdivider in accordance with the following:
Improvement Reimbursement At:
duantitv Cateoorv:
Estimated
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Subdividers Agreement
2. Reimbursement may be requested by Subdivider following completion of as-built plans and 0 January 1,2001,
following City's acceptance of the Improvements. In no case shall reimbursement occur prior to
3. All requests for reimbursement shall be made in writing to the City Planning Department, and shall
be reviewed and approved by the City Engineer The recommendation of the City Engineer shall be
forwarded to the Finance Committee and Public Utilities Committee for consideration.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section 111 above shall be 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 of pavement and installation of the bike path system shall be deferred until
eighty percent (80%) of the structures have been completed, or 36 months after the installation of the
first lift of asphalt, whichever comes first.
I If the final surface course of pavement and bike path installation is not completed within twelve
(12) months of the date of this agreement, the Subdivider shall extend the Letter of Credit in a form
acceptable to the City until such time as the final surface course of pavement is completed. If the City
course pavement and bike path, such notice shall be considered a failure to complete improvements in
accordance with this agreement and shall entitle the City to immediately draw against the Letter of
I receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface
, Credit.
SECTION V : 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 VI : 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 sanitary sewers, watermains, storm water drainage facilities (excluding those facilities
which are to be owned and maintained by Owners Associations) and pedestrian ways as illustrated on
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 improvements, except private roads and storm 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.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept
the dedication of any improvements which do not fully comply with City standards and specifications.
Claims of financial hardship by the Subdivider shall not be considered a reason for the City to accept
substandard materials or work.
I Exhibits "A" and "E" and as described in the deed restrictions, to the City, it successors and assigns,
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Subdiiiders Agreement
Lakewood Development
0 At such time as all improvements are completed and acceptable as called for under this Agreement,
and all approvals have been received from regulatory agencies, such improvements shall be accepted
by the City by separate Resolution. The Resolution of Acceptance shall be recorded with the
Waukesha County Register of Deeds.
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 VIII: 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
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 IX : 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 structures beyond the applicable side yard
and offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner
SECTION X : GUARANTEES:
The Subdivider shall guarantee the sanitary sewers, watermains, surface water drainage improvements
and all other improvements described in Section 111, 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 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 XI : GENERAL INDEMNITY:
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Subdividers Agreement
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
them may be made liable, regardless of whether or not it is caused in part by a party
officers, agents, independent contractors, and employees or anyone for whose acts any of
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.
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
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Lakewood Development
Subdivlders Agreement
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. Upon receipt of notice from the City or
other entities, Subdivider shall investigate and rectify conditions which indicate the presence
of or suspected presence of contamination on the subject property as identified by local,
state, or federal agencies in order to comply with applicable laws.
I d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance
with combined single limits of at least One Million Dollars (Sl,OOO.OOO.OO) for one person
and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million
Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from
time to time deem reasonable). Such policy shall cover both Subdivider and the City and its
agents, employees, and officials, and all insurers shall agree not to cancel or change the
same without at least ten (IO) days written notice to the City. A certificate of Subdivider's
insurance in the form provided and attached hereto as Exhibit "D shall be furnished to the
City upon execution of this Agreement. Each such policy shall provide that no act or default
of any person other than the City or its agents shall render the policy void as to the City or
effect the City's right to recover thereon.
SECTION XI1 : AGREEMENT FOR BENEFIT OF PURCHASERS:
I 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 I. the work on the attached Exhibits.
SECTION Xlll : 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 Subdivider's compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations.
2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the
previous described improvements in any public street or public property.
3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Subdivider or their nominee successors or assigns, permits for the
construction of multiple family condominium residences subject to the provision of Section XIV
SECTION XIV : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for 0 any structures until the City's Engineers have determined that:
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Subdividers Agreement
1 The sanitary sewer, water and surface water drainage facilities required to serve such structures are
connected with an operational system as required herein, and
2. The installation of the bituminous concrete base course pavement has been properly installed, and
3. Deed Restrictions and Stormwater Management Maintenance Agreement have been recorded, and
4. Video tape of sanitary sewer system has been furnished, and
5. Certification is provided by a Registered Land Surveyor that all lot grades conform to the Interim
Grading Plan, and
6. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning
Director,
SECTION XV. GENERAL CONDITIONS AND REGULATIONS:
I 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. I
SECTION XVI. FINANCIAL GUARANTEES:
1 LElTER OF CREDIT: Upon 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 $695,920.25 as a guarantee that the required plans, improvements, and improvements
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.
a) 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.
b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide City Planning
Department 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 Public Improvement Cost
Breakdown form, signed and original lien waivers for all work which is subject of release
request. City will process all requests in accordance with adopted policies.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $5,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by the Common Council following a
recommendation of the Finance Committee.
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.
9
. Page10
Lakewood Development
Subdividers Agreement
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
(I@, Wis. Statutes.
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 XVII. PARTIES BOUND:
Subdivider or his assignees shall be bound by the terms of this agreement or any part herein as it
applies to any phase of the development. 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.
SECTION XVlll . AMENDMENTS 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
SECTION XIX : 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. LAKEWOOD CONDOMINIUMS, INC.
By:
Gary Januszewski, President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of ,2000 Gary Januszewski, President of
Lakewood Condominiums, Inc., to me known to be the person who executed the foregoing instrument
and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires *
STATE OF WISCONSIN ) SS
10
Page 12
Lakewood Development
Subdividers Agreement
IN WITNESS HEREOF, City 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.
6. CITY OF MUSKEGO:
BY:
David L. DeAngelis, Mayor
BY:
Jean K. Marenda, City Clerkllreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2000, the above named David L.
DeAngelis, Mayor, and Jean K. Marenda, City Clerkllreasurer, of the City of Muskego, to me known to
be the persons executed the foregoing instrument, and to me known to be such Mayor and City
ClerWreasurer 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 ,2000. e
Notary Public-State of Wisconsin
My Commission Expires
Page 13
Lakewood Development
Subdividers Agreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for
Lakewood Development, Muskego, Wisconsin, as entered into on the - day of
2000. by and between Lakewood Condominiums, Inc., Lakewood Commercial Development Inc.,-and
the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the
day of ,2000.
BY THE COMMON COUNCIL
Jean K. Marenda. CMC
City Clerwreasurer
SUBSC. .. :RIB ED AND SW ORN TO B
this- day of ,2000.
iEFORE ME
(Notary Public)
0 My commission expires
13
LAKEWOOD DEVELOPMENT
RETENTION POND MAINTENANCE AGREEMENT
This Agreement, made and entered into this day of ,2000,
by and between Lakewood Condominiums, Inc., Lakewood Commercial
Development, Inc., and Lakewood Condominiums Owners Association, Inc.
(together referred to as "Developer"), and the City of Muskego, a Municipal
Corporation located in the County of Waukesha and the State of Wisconsin,
hereinafter referred to as "City"
WITNESSETH:
WHEREAS, the DEVELOPER is the owner of certain lands commonly known as
Lot 3 of the Lakewood development Final Plat, being a part of the SE % of
Section 8, T5N R20E, City of Muskego, Waukesha County, Wisconsin,
hereinafter referred to as the "Property"; and
WHEREAS, the City has approved the Final Plat of Lakewood Development and
the construction of storm water retention ponds within an outlot on the Property;
and
WHEREAS, the Developer has received various City permits and Wisconsin
Department of Natural Resources permits hereinafter referred to as DNR permits
to construct improvements within the Final Plat of Lakewood Development; and
WHEREAS, Lakewood Development contains a navigable stream which is
directly upstream from Little Muskego Lake, and the City and DNR has
expended great effort and expense to prevent sedimentation, and
WHEREAS, the City and the DNR has established certain requirements for
retention ponds and storm water management to be constructed within the Final
Plat of Lakewood Development, to minimize flooding and sediment migration to
the adjacent navigable stream including Little Muskego Lake, and
WHEREAS, the Developer has established a Condominium Association
hereinafter referred to as the Association, which shall become the owner of the
outlots upon recording of the Final Plat and Deed Restrictions, and
WHEREAS, Upon completion of the storm water retention ponds the Association
shall be responsible for the maintenance of the retention ponds constructed
thereon; and
e
Lakewood Development
Retention Pond Maintenance Aoreement
WHEREAS, the City intends to reserve the right to enforce the requirement that 0
the storm water retention pond areas are maintained in a manner consistent with
DNR requirements and with this agreement and the storm water management
plan dated , 2000 on file in the offices of the City of
Muskego Building Department as required by the City of Muskego Storm Water
Management ordinance;
NOW THEREFORE, in consideration of the mutual covenants and agreements
IT IS AGREED, as follows:
1 The Association unless otherwise provided for in the storm water
management plan shall be responsible for maintenance of the storm water
management measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved storm water management plan dated
-, 2000 on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm water Management Ordinance.
3. The City of Muskego is authorized to access the Property to conduct
inspections of storm water practices as necessary to ascertain that the
practices are being maintained and operated in accordance with the 0
approved storm water management plan.
4. The Association, on an annual basis, shall provide maintenance of each
storm water management measure, including but not limited to, removal of
debris, maintenance of vegetative areas, maintenance of structural storm
water management measures and sediment removal.
5. Upon notification of the Association, by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be
taken within a reasonable time frame as set by the City of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified
in the inspection report if the Association does not make the required
corrections in the specified time period. The costs and expenses shall be
entered on the tax roll as a special charge or special assessment against the
condominium units on a pro-rata basis and collected with any other taxes
levied thereon for the year in which the work is completed.
7 The Developer shall deposit in a segregated account with the City two
thousand dollars ($2,000.00) to cover the estimated costs associated with the
pond draw downs necessary for the first five (5) years. Upon commencement 0
of the sixth (6) year, and continuing in each year thereafter, the City shall
Lakewood Development
Retention Pond Maintenance Agreement
0 invoice the Condominium Association in an amount sufficient to return the
account balance to $400.00. Said billing shall occur prior to November 1, to
cover the costs associated with the pond draw downs in the following year
8. Any annual costs in excess of the $400.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the
Association. Costs not paid shall be placed in equal amounts on the tax bills
for the condominium units.
9. This document shall be recorded with the Waukesha County Register of
Deeds and shall be a covenant running with the land and binding upon all
owners of said land.
IN WITNESS WHEREOF, 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.
LAKEWOOD CONDOMINIUMS, INC.
0
By:
Gary Januszewski, President
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of
2000, Gary Januszewski, President of Lakewood Condominiums, Inc. to me
known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY }
Lakewood Development
Page 4
Retention Pond Maintenance Agreement
LAKEWOOD CONDOMINIUMS OWNERS ASSOCIATION, INC.
By:
I I Gary Januszewski
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of
2000, Gary Januszewski, Lakewood Condominiums Owners Association, Inc. to
me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
~
LAKEWOOD COMMERCIAL DEVELOPMENT, INC.
By:
Gary Januszewski, President
PERSONALLY came before me this day of
2000, Gary Januszewski, President of Lakewood Commercial Development Inc.
to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
Lakewood Development
Page 5
Retention Pond Maintenance Agreement
IN WITNESS WHEREOF, City 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.
CITY OF MUSKEG0
By:
David L. DeAngelis, Mayor
By:
Jean K. Marenda, City ClerkfTreasurer
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY }
Personally came before me this day of ,2000.
the above named David DeAngelis, Mayor and Jean Marenda, City
ClerkfTreasurer, 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 ClerkfTreasurer 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 this day of
,2000.
Notary Public, Waukesha County, Wisconsin
My commission expires
Lakewood Development
Retention Pond Maintenance Aoreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention
Pond Maintenance Agreement for Quietwood Creek Subdivision, Muskego,
Wisconsin, as entered into on this day of 2000
by and between Lakewood Condominiums, Inc., Lakewood Commercial
Development, Inc. and the City of Muskego, pursuant to the authorization by the
Common Council from their meeting on the day of
2000.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City Clerkflreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of ,2000.
Notary Public, Waukesha County, Wisconsin
My commission expires
LAKEWOOD DEVELOPMENT
STORM WATER MANAGEMENT PLAN
The City of Muskego Storm Water Management Ordinance requires the filing of
a storm water management plan and grading plan. The grading plan including
all hydraulic calculations together with storm sewer plans and appurtenant storm
water structures has been filed by the developer's engineer with the City of
Muskego. Such information was utilized by the City of Muskego to evaluate the
environmental characteristics of the area affected by the land development
activity in Lakewood Development, the potential impacts of the development
upon the quality and quantity of storm water discharges, the potential impacts
upon water resources and drainage systems and the effectiveness and
acceptability of proposed storm water management measures in meeting the
performance standards set forth in the storm water ordinance.
The intent of this storm water management plan is to set forth specific storm
water management measures to guide the developer, the City of Muskego and
the Lakewood Condominium Association regarding the management of storm
water in Lakewood Development. Storm water management measures shall not
be limited to those expressed in this plan which may be expanded upon by the
Wisconsin Department of Natural Resources, the City of Muskego or any other
party having jurisdiction. This plan shall be broken down into three sections:
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE
DEVELOPER.
The developer shall at his expense:
1 Create the above referenced grading plans hydraulic calculations and
storm sewer plans and after approval of same by the City of Muskego file
all such approved plans with the City.
2. The developer shall improve the site by constructing said grading and
storm water conveyance systems together with all specified erosion
control measures including final stabilization of the site all in accordance
with the Subdivider's Agreement and approved plans on file with the City.
3. The developer shall construct storm water retention ponds to be
contained in the out lot in the Final Plat of Lakewood Development. The
developer shall as - built the finish grade of the ponds and provide the as-
built plans to the City and Condominium Association. The developer shall
also provide a bench mark at each pond to be illustrated on the as-built
drawings.
Lakewood Development
Page 2
Stormwater Management Plan
0 4. The developer upon completion of the above referenced improvements
convey by final plat and deed restrictions the improvements to the
Condominium Association, who shall be responsible for carrying out the
storm water measures on an ongoing basis expressed in this plan. It is
understood that the ownership and maintenance of the storm water
management improvements including storm sewers constructed by
developer which are outside of City owned Right of Way.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY OF
MUSKEGO.
The City of Muskego and the Department of Natural Resources (DNR) has
expended great effort and expense to prevent sedimentation of Little Muskego
Lake, and the City and the DNR has established certain requirements for
retention pond and storm water management within the Final Plat of Lakewood
Development, to minimize flooding and sediment migration to the adjacent
navigable stream and Little Muskego Lake. To assure quality control the City of
Muskego is willing to administer an annual "draw down" of each retention pond
that will result in reducing the depth of the water during the cold months of the
year The City shall also administer an annual inspection of the storm water
retention ponds to monitor any build-up of sedimentation on the floor of the
respective ponds.
Under Section 1, the developer shall provide the City with an as-built drawing of
the ponds after construction together with a bench mark at each pond which data
shall become the basis for measurement of sediment build-up. The costs and
expenses for the City to provide these services shall be entered on the tax roll
as a special assessment against the condominium units which contains the
storm water retention ponds collected with any other taxes levied thereon for the
year in which the work is completed.
Set forth below, is an outline of the City's:
e
1 City of Muskego shall administer draw down and inspect for sediment
build-up.
2. Draw down of all retention ponds shall occur annually, and shall generally
be within the first two weeks of November
3. Draw down may only occur after determination that sediment build-up will
not be transported through discharge pipes. If sediment build-up has
occurred above the invert elevation of the discharge pipe it must be
.
Lakewood Development
Page 3
Stormwater Management Plan
4. Sediment build-up in ponds shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment shall be administered by
the Homeowner's Association according to Section 3.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
LAKEWOOD DEVELOPMENT CONDOMINIUM ASSOCIATION.
An incorporated association of the owners of all condominium units has been
created for the purposes of managing and controlling Common Areas including
the out lots which contain the storm water retention ponds.
The ownership and maintenance including all payment for associated costs for
the storm water retention ponds shall be the responsibility of the Association.
The guidelines set forth below shall not limit additional measures which may
from time to time be mandated by the City, DNR or any other party having
jurisdiction:
1 The Association on an annual basis, shall provide maintenance of each
storm water retention pond, including but not limited to, removal of debris,
maintenance of vegetative areas, maintenance of storm water structures,
emergency overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention ponds. When sediment
build-up reaches 15, the City shall notify the Association to remove the
sediment. The pumping of sediment laden water shall be filtered through
a temporary sediment basin appropriately sized prior to being discharged
into the navigable stream.
3. The Association shall be responsible for water quality in the storm water
retention ponds including removal of weeds and algae control.
4. Upon notification of the Association, by the City of Muskego, of
maintenance problems which require correction, the specified corrective
actions shall be taken within a reasonable time frame as set by the City of
Muskego.
5. The City of Muskego is authorized to perform the corrective actions
identified in the inspection report if the Association does not make the
required corrections in the specified time period. The costs and expenses
shall be entered on the tax roll as a special assessment against the out
lots which contain the storm water retention ponds to be collected with
any other taxes levied thereon for the year in which the work is
completed.
Memo
To: Mayor DeAngelis
Finance C mminee
From: Brian Tu
cc: Dawn Gundenon &
Sean McMullen
Dustin Wolff
Date: August 10,2000
Re: Lakewood Condominiums - Letter of Credit 8 Cost Breakdown
Attached please find the letter of credit and public improvement cost breakdown for Lakewood
Condominiums (fka Overlook Bay phase 2).
The LOC format follows the City's standard format, and expiration is to be 15 months from execution 0 , of the Subdividers Agreement.
Approval is recommended.
0 Page 1
I PUG-15-2000 15: 36 I .. ... FIRST BRNKING CENTER
FIRST
BANKING CENTER
Hn!ne:ou'n BMkinf Af In B~rr
IRREVOCABLE STAXDBY DOCUMENTARY CREDIT
1 262 697 0260 P.02102
Credit No
Dare:
Applicant: Lakewood Condominiunrs, hnc.
Lnkewuod Commcrcial Developmcnl, Ins
3004 9. 15" Strect
Milwankec, u;I 532 I5
Beneficiaq: City of Muskego
POS oiflEc BOS :JY
W182 S82W R&ine Avcnuc
Muskcgo. U1 53150-0749
Dcar Sirs.
We hereby issue Ws mevocable documentar\. credit in you favor whch is available by hencfician"~ drdt(>) it1 qht dram 3n
Cledll NO,
Flrsl B&z Center. Each Draft accompxnyiny documents must <me 'Dmun link- First Ezxhy Center ikcumentw
1711s Smdbv Credit is to pronde J gwrantee to Ihe Clly of Muskego for the perfomwncv d Appl~cant's obl:galions under hat 0 iertain agrearnt dud - , 20-. between rhe City of Muskego and a?plic.%?i :he ".4pcrnnl").
DRAFTS ARE TO BE ACCOMPAKIED BY:
A stamt rived hy the Mayor ufthc Clty of Muskego staring that Appl~cw! h:is Med lo cornpiere ~e :onsuuc!inn 3f
subdlnrlon unprownentr in accordance with said Agrccmcnl or complne other obligations requxcd hy Lhc Agrccmmt Said
slalemrnt shall scI forth thc cstimatcd amount nece.w Tor the City ofMuskcgo to complele such impro1'eme;lts or orhcr
obligations required by the Agreancnl
SPECIAL CONDITIONS
lh~ Slandby Credit uill terminate on ~e "day of XI-, provided. howee\ei, First Bankrng Ccnier shall
give written notice to the heneficm-y of it3 intention IO terminare Ws Sandbv Credit ninety [UO) &ys prlor 10 Lhe ~ d3y of
Beneficiw.
It is hereby agreed by all panies hueto that thc rcfercncc to "Ayeemmt" is for !dentificnlion purpmes only and such reference
shall no1 be mnslrued In any manna lo require Pmt Earhg Carer to inqaire into its !enns nm oblIcation,.
Draflr dram under and in complioncc wirh rho terms of this credit uill be duly honorcd if prcsented on or kfm the expira!iun
dele. i%s original Slnndby Credit must be ruhn~rred tc UP logcthrr \nth any drauingr hcreunder :'or our cndorscmnt of any
paynmts effected hy us and/or for cunccllatlon
, 20-. AAer said date, rhis lerlcr uf crcdit can only terminate upm nlnen. fW) (lay? wirtcn notlce to the
vq Truly yours,
Vlce President, Corpornte tl&g
L
I
I Memo
To: Mayor DeAngelis
From: Brian TU@
cc: Sean McMullen
Finance Committee
Dustin Wolff
Date: August 10,2000
Re: LAKEWOOD CONDOMINIUMS -MODEL HOME AGREEMENT
Mr. Gary Januszewski has requested that the City issue one building permit for an &unit condo
building, prior to completion of all improvements. The City's policies allow such permits, subject to the
anached Model Home Agreement.
Approval is recommended subject to Ci Attorney's final approval.
I
0 Page 1
LAKEWOOD DEVELOPMENT
MODEL HOME AGREEMENT
The undersigned, Lakewood Condominiuins, Inc., hereinafter referred to as
"DEVELOPER", hereby certifies that DEVELOPER is the developer of
Lakewood Condominiums, in the City of Muskego.
Section XIv of the Subdivider's Agreement for Lakewood Development, as
amended, provides that:
It is expressly understood and agreed that no building permits or
occupancy permits shall be issued for any structures until the City's
Engineers have determined that:
1. The sanitary sewer, water and surface water drainage facilities
required to serve such structures are connected with an operational
system as required herein, and
2. The installation of the bituminous concrete base course pavement has
been properly installed, and
3. Deed Restrictions and Stormwater Management Maintenance
Agreement have been recorded, and
4. Video tape of sanitary sewer system has been furnished, and
5. Certification is provided by a Registered Land Surveyor that all lot
grades conform to the Interim Grading Plan, and
6. Negative balance in Developer's Deposit is satisfied unless otherwise
authorized by the Planning Director.
DEVELOPER acknowledge notice of the above referenced conditions and any
other applicable conditions, laws, rules, or regulations and agree to assume all
risks of satisfaction of those conditions created as a result of the CTTy's
issuance of a building permit, and DEVELOPER proceeding with construction of
one eight-unit model structure prior to satisfaction of said conditions and any
other applicable conditions, laws, rules, or regulations.
DEVELOPER specifically agree to indemnify and hold the City of Muskego
harmless for any costs or damages incurred if an occupancy permit is not
issued due to a failure to satisfy the conditions referenced above.
The undersigned understand the above and request that the City of Muskego 0 issue a permit to build one eight (8) unit model structure within Lakewood
Development.
LAKEWOOD DEVELOPMENT, INC.
By :
Gary Januszewski, President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of ,2000 Gary Januszewski,
President of Lakewood Condominiums, Inc., to me known to be the person who
executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin e My Commission Expires