CCR2001005COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #5-2001
APPROVAL OF BUILDING, SITE AND OPERATION PLAN,
DEVELOPER’S AGREEMENT AND LETTER OF CREDIT
Dreamland Development
WHEREAS, A Developer’s Agreement and Letter of Credit have been received for
Dreamland Development in connection with the certified survey map which proposes
the development of two lots on Moorland and Janesville Roads; and
WHEREAS, The Finance Committee has reviewed the documentation and has
recommended approval; and
WHEREAS, A Building, Site and Operation plan was submitted for the first phase of
commercial development on the site; and
WHEREAS, The Plan Commission has reviewed the plan and has recommended
approval subject to the conditions outlined in #P.C. 132C-99, as amended, being met;
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Developer’s Agreement and Letter of Credit subject to approval of the City Attorney 0 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 the Common Council of the City of Muskego, upon
the recommendation of the Plan Commission, does hereby approve the Building, Site
and Operation plan for the first phase of the Dreamland Planned Unit Development
subject to the conditions outlined in #P.C. 132C-99, as amended, being met.
BE IT FURTHER RESOLVED That this approval is subject to passage of Resolution
#6-2001 and passage and publication of Ordinance #1052.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
DATED THIS 9th DAY OF Januarv ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
'a This is to certify that this is a true and accurate copy of Resolution #5-2001 which was
adopted by the Common Council of the City of Muskego.
1/01 jmb
a
AMENDED
RESOLUTION #P.C.-132(=-99
APPROVAL OF BUILDING SITE AND OPERATION PLAN FOR
PHASE ONE OF DREAMLAND PLANNED UNIT DEVELOPMENT FOR JEWEL
OSCO, AMERICAN STORES PROPERTIES, INC. , PETITIONER AND DREAMLAND
INVESTORS LLC, DEVELOPER AT THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF JANESVILLE ROAD AND MOORLAND ROAD
(Part of Tax Key No. 2167.995)
WHEREAS, Plans were submitted by Attorney John Finerty on behalf of
American Stores Inc. (Petitioner) for a building, site and operation plan for a commercial
development at the Dreamland Planned Unit Development property located at the
northeast corner of Janesville Road and Moorland Road on October 22, 1999, and
amended Januarv 13. 2000. amended Januarv 24, 2000, and amended Januarv 27,
2000, and Februarv 01.2000, and
WHEREAS, Said property is currently zoned 8-2 Local Service Center District,
RSE Suburban Estate District, and RS-1 Suburban Residence District, and the
Common Council has adopted Resolution #130-98 establishing the present intent to
rezone the subject property to B-3 General Business District, RSM Multiple Family
Residence District, and OPD Planned Development Overlay District, and
WHEREAS, Said property is currently occupied by a farm house and agricultural
outbuildings, and all structures are proposed to be razed as a part of this development,
and
WHEREAS, The Plan Commission has approved a conceptual Business Site
and Operations Plan for the subject property by Resolution #P.C. 124-98
WHEREAS, Said property is subject to the guidelines identified in the Muskeqo
Desiqn Guide, as adopted by the Plan Commission by Resolution #P.C. 244-97, and
WHEREAS, Petitioner requests approval for a 62,000 square foot commercial
building, being phase one of a proposed 4QW00- 92,540 square foot strip mall, and the 1
approved concept plan calls for a 57,000 square foot building being a part of a 95,000
square foot strip mall, and
WHEREAS, The structure as proposed meets the height, setback, and offset
requirements of the Zoning Code for structures in the B-3 zoning district, and
WHEREAS, The proposed uses of the structure include a grocery store, drug
store featuring drive up service, convenience banking, liquor store, and related ancillary
goods and services, said uses are permitted in the B-3 General Business District, and
WHEREAS, The Muskeqo Desiqn Guide requires structures to be designed
utilizing four sided architecture, and the structure as pepwxLamended does not 1
represent four sided architecture, and the Plan Commission recognizes that the east a elevation will be modified bv the future construction of an attached strip mall. and
WHEREAS, The Muskeqo Desiqn Guide requires structures to be designed
giving consideration for their surroundings, and the Plan Commission believes that this
requires all commercial developments to carry forward residential design themes
consistent with Muskego's suburban residential setting, and the petitioner has modified
the proposed structure j to incorporate hip
roofs as a method of carwinq forward this theme.
WHEREAS, The Muskeqo DesiQn Guide requires all mechanical installations to
be screened from public view, and this submittal does not identify the location or
screening mechanisms to be utilized, and
WHEREAS, The Plan Commission desires to see a uniform sign plan for the
entire Dreamland Development which provides unity of design, which avoids
unnecessary sign clutter, and which provides for an aesthetic arrangement of
information, and petitioner has submitted a plan attached hereto, and I
WHEREAS, Three access locations are illustrated, with one access point to
Moorland Road, two access points to Janesville Road, and the first phase of the
development proposes to constructu all three
entrances, and
WHEREAS, All access locations are subject to Waukesha County Department of
Transportation approval, and
WHEREAS, The adopted bike path plan for the City of Muskego identifies
Janesville Road and Moorland Road as a proposed routes, p, and this plan illustrates the installation of a bike path
on Janesville Road frontaqe. and
WHEREAS, Parking for 371 vehicles is proposed, and said number of parking
stalls exceeds the minimum requirements of the Zoning Code, and
WHEREAS, The Muskeao Desiqn Guide requires parking areas to be enhanced
with landscaped areas containing tree and shrub groupings, and the approved
conceptual BSO Plan for the Dreamland PUD included one planting island between
every ten parking spaces, W, and I
Page 2
0
WHEREAS, The Muskego Design Guide requires cross access easements for
commercial properties, and wsuch access easements *have been illustrated on the
sketch certified survey map approved by Resolution #PC 008-2000. for the properties -I
located to the southwest of this proposal, and
WHEREAS, No outdoor refuse collection or storage is proposed, and all refuse
is proposed to be accommodated by internal compactors which are serviced6 daily, and
WHEREAS, Lighting is proposed in the form of sevewixty-four fixtures mounted
on &afoot high poles, 2, and &m
building-mounted fixtures at a height of 15 feet, and said lighting plans do not meet the
requirements of the Muskeqo Desiqn Guide which limits the total height of light fixtures
including pole to 15 feet or the height of the roof line, whichever is less, and
WHEREAS, The lighting plan as submitted &eww&has been reviewed bv the 0 Citv's consultinq enqineers. and said plans demonstrate the absence of light trespass
on surrounding properties, and
M
WHEREAS, With regards to specific operations, Petitioner indicates that the
desired hours of operation for the grocety store are 6:OO a.m. to Midnight, seven days
per week, with the option of expanding operations to 24 hours per day seven days per
week if market conditions warrant, and
WHEREAS, With regards to specific operations, Petitioner indicates that the
desired hours of operation for the drive-thru pharmacy are 24 hours per day seven
days per week, and
WHEREAS, With regards to specific operations, the Muskeqo Desiqn Guide
places great emphasis on exterior appearances, Petitioner proposes no permanent
outdoor sales and storage-, and-
WHEREAS, Petitioner proposes a seasonal outdoor sales area beinq 900
square feet in size to be operated bv the manaqement of Jewel-Osco without lease to
outside vendors, with said area operatinq between April 1" and June 30th of each
Page 3
calendar year, with hours not exceedinq 7:OO a.m. to 7:OO p.m. each day, without 9 additional liqhtinq, without use of amplified speakers or paginq systems. and without
additional siqnaqe. and
WHEREAS, Petitioner has not submitted all required grading, erosion control,
storm water management, sanitary sewer, water main plans for review and approval by
the Public Works Committee and Public Utilities Committee.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the
building, site and operation plan submitted October 22, 1999 and amended Januarv 13,
2000 and Januarv 24, 2000 and February 1, 2000 by Attorney John Finerty on behalf
of American Stores Inc. (Petitioner) for a building, site and operation plan for a 62,000
square foot Jewel I Osco commercial development aLbeinq Phase 1 of the Dreamland I
Planned Unit Development property located at the northeast corner of Janesville Road
and Moorland Road.
BE IT FURTHER RESOLVED, That with this approval, the Plan Commission
renews its prior approval of an amendment to the 2005 Comprehensive Plan for the
subject parcel as detailed in Resolution PC #54-98.
BE IT FURTHER RESOLVED, That the Plan Commission affirms its
recommendation for s the approval of the rezoning of the subject property in phase 1 of
ili the Dreamland PUD to B-3IOPD.
BE IT FURTHER RESOLVED, That this approval is contingent upon the
Common Council's approval of the rezoning of phase 1 of Dreamland PUD to B-3 I
OPD. Failure by the Common Council to approve the rezoning shall result in this
Resolution being null and void.
BE IT FURTHER RESOLVED, That this approval is subject to the Public Utilities
Committee approval a modification to the Water Capacity Assessment District
boundaries, and receipt and approval of sanitary sewer plans and water main plans to
serve the proposed development. Failure to obtain approval for any public improvement
required by this submittal shall require petitioner to reappear before the Plan
Commission for reconsideration of this approval.
BE IT FURTHER RESOLVED, That this approval is subject to the Public Works
Committee approval of grading, drainage, stormwater management, and bike path
plans to serve the proposed development. Failure to obtain approval for any public
improvement required by this submittal shall require petitioner to reappear before the
Plan Commission for reconsideration of this approval.
BE IT FURTHER RESOLVED, That this approval is subject to the approval of all
access locations and bike path routes by the Waukesha County Department of
Transportation. Failure to obtain approval for any access location illustrated on this
Page 4
submittal or any bike path route approved by the Public Works Committee shall require
petitioner to reappear before the Plan Commission for reconsideration of this approval.
BE IT FURTHER RESOLVED, That store hours shall be permitted but are not
required to include 24 hour per day operations. That delivew hours and trash
collection hours will not be qreater than 6:OO a.m. to 1O:OO p.m. or equal to
recently approved qrocew uses, if less stringent.
BE IT FURTHER RESOLVED, That any land division of the parcel currently
known by Tax Key Number 2167.995 be accomplished by Certified Survey Map in
accordance with Chapter 18 of the Municipal Code, and shall require separate review
and consideration by the Plan Commission. Nothing in this Resolution shall be
construed as an approval of a land division for the Dreamland site, either expressed or
implied.
BE IT FURTHER RESOLVED, That this approval applies to only the first phase
of the Dreamland Planned Unit Development consisting of a 62,000 square foot
commercial building and related parking, loading, landscaping, lighting, and signage, as
detailed herein. All future phases of the Dreamland PUD shall require separate review
and approval by the Plan Commission. Nothing in this Resolution shall be construed as
an approval of a future phases for the Dreamland site, either expressed or implied.
BE IT FURTHER RESOLVED, If prior to or durinq construction of Phase 1 (e.q.
the 62,000 square foot Jewel-0x0) petitioner receives approval for and commences
construction of Phase 2 consistinq of the attached strip mall, petitioner shall be relieved
of the obliqation to install face brick and split face block in areas which directly abut
(wall-to-wall) the second phase of construction. In any event, if petitioner has not
received approval for Phase 2, or has received approvals but has not commenced
construction, petitioner shall construct the wall per approved plans prior to receipt of an
occupancy permit for Phase 1.
BE IT FURTHER RESOLVED, That by passage of this Resolution the Plan
Commission finds the architectural theme and quality of design to be consistent with the
purpose and intent of the Muskeqo Desian Guide.
BE IT FURTHER RESOLVED, That the screening of roof top mechanicals be
completed to the satisfaction of the Planninq Director prior to issuance of
occupancypermits.
BE IT FURTHER RESOLVED, That the all spandrel qlass shall be illuminated
with shielded downcast exterior fixtures bask" to present a storefront appearance
durinq all business hours.
BE IT FURTHER RESOLVED, That by passage of this Resolution, the Plan
Commission finds the exterior site lighting to be consistent with the standards found in
the Muskeqo Desiqn Guide and approves the use of 20 foot Doles. provided that said I
Page 5
poles are mounted on bases which do not protrude more than 6 inches above qrade.
BE IT FURTHER RESOLVED, That no additional outdoor illumination including
devices such as strobe liqhts mounted on securiW cameras may be constructed
without want of an amendment to this Business Site and Operation Plan.
BE IT FURTHER RESOLVED, That by passage of this resolution, the Plan
Commission finds the landscaping treatments to be consistent with the standards found
in the Muskeqo Desiqn Guide.
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BE IT FURTHER RESOLVED, That the Plan Commission approves of the
seasonal qarden center as described in this Resolution.
BE IT FURTHER RESOLVED, That otheroutdoor sales and storage of goods 1
and materials shall not be permitted without an amendment to this approved BSO Plan.
BE IT FURTHER RESOLVED, That the Plan Commission approves a sign plan
for the Dreamland PUD as illustrated in the attached exhibit, and amended to require
15 mm red neon tubinq for illumination ' :- ..
wes#%a&, and any signage proposed for the site which is not specifically addressed
herein shall require Plan Commission review and approval prior to installation.
BE IT FURTHER RESOLVED, That as a component of a phased Planned Unit
Development. at the call of the Plan Commission Chairman, the operations subject to
this BSO Plan approval may be subject to further review by the Plan Commission, and
any future operations which are inconsistent with this approving Resolution may be
subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the
Building Department and that all aspect of this plan as they relate to landscape areas
and drainage shall be maintained in perpetuity unless otherwise authorized by the Plan
Commission.
Page 6
BE IT FURTHER RESOLVED, That if occupancy is requested prior to the
completion of landscaping andlor asphalting, a bond, letter of credit or cashiers check
equal to twice the value of said costs must be submitted to the Planning Department.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained
in this resolution shall result in the imposition of fines of $100 per day, the initiation of
legal action, or both. I
THEREFORE BE IT FURTHER RESOLVED, That additional hip roof
components be added to western loadinq dock.
Plan Commission
City of Muskego
Approved 02-01-00
Denied
Deferred 1 1-2-99 12-07-99
01-04-00 01-18-00
Introduced: 11-2-99
ATTEST:
M"wa
Sandi Asti. Recordina Secretary
Page 7
JQN-09-2001 13:31 US BRNK INTL BOISE 208 383 7641 P.02/03
0 U. S. BANK NATIONAL ASSOCIATION
INTERNATIONAL LETTERS OF CREDIT ID-518
101 SOUTH CAPITOL BLVD. SUITE 814
BOISE, IDAHO 83702
SWIFT:USBKUS44
TELEX:262542 USBNK ID
PHONE:208-383-7612
FAX 208-383-7641
01/05/01
WE HEREBY ISSUE THIS IRREVOCABLE DOCUMENTARY CREDIT IN YOUR FAVOR WHICH IS
AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE U.S. BANK
MUST STATE "DRAWN UNDER THE U.S. BANK NATIONAL ASSOCIATION DOCUMENTARY
NATIONAL ASSOCIATION, BOISE IDAHO. EACH DRAFT ACCOMPANYING DOCUMENTS
CREDIT NO. SLCBBOI00460"
THIS STANDBY CREDIT IS TO PROVIDE A GUARANTEE TO THE CITY OF MUSKEGO
FOR THE PERFORMANCE OF APPLICANT'S OBLIGATIONS UNDER THAT CERTAIN
AGREEMENT DATED BETWEEN THE CITY OF MUSKEGO AND
JEWELL FOOD STORES, INC.
THE CITY OF MUSKEGO STATING THAT APPLICANT HAS FAILED TO COMPLETE THE
DRAFTS ARE TO BE ACCOMPANIED BY: A STATEMENT SIGNED BY THE MAYOR OF
AGREEMENT OR OTHERWISE COMPLY WITH THE OBLIGATIONS OF THE AGREEMENT.
CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN ACCORDANCE WITH SAID
CITY OF MUSKEGO TO COMPLETE SUCH IMPROVEMENTS OR OTHERWISE COMPLY WITH
SAID STATEMENT SHALL SET FORTH THE ESTIMATED AMOUNT NECESSARY FOR THE
THE OBLIGATIONS OF THE AGREEMENT
JAN-09-2001 13:31 US BANK INTL BOISE 208 383 7641 P. 03/03
SPECIAL CONDITIONS: THIS STANDBY WILL TERMINATE ON THE 5TH DAY OF
JANUARY 2002 PROVIDED, HOWEVER, U.S. BANK NATIONAL ASSOCIATION SHALL
GIVE WRITTEN NOTICE TO THE BENEFICIARY OF ITS INTENTION TO TERMINATE
THIS STANDBY CREDIT AT NINETY (901 DAYS PRIOR TO THE 5TH DAY OF JANUARY
2002 AFTER SAID DATE, THIS LETTER OF CREDIT CAN ONLY TERMINATE UPON
NINETY (90) DAYS WRITTEN NOTICE TO THE BENEFICIARY.
IT IS HEREBY AGREED BY ALL PARTIES HERETO THAT THE REFERENCE TO
"AGREEMENT" IS FOR IDENTIFICATION PURPOSES ONLY, AND SUCH REFERENCE
ASSOCIATION TO INQUIRE INTO ITS TERMS AND OBLIGATIONS.
SHALL NOT BE CONSTRUED IN ANY MANNER TO REQUIRE U.S. BANK NATIONAL
WE ENCOURAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS OF THIS CREDIT WILL BE DULY HONORED IF PRESENTED ON OR
BEFORE THE EXPIRATION DATE. THIS ORIGINAL STANDBY CREDIT MUST BE
SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR
ENDORSEMENT OF ANY PAYXENTS EFFECTED BY US AND/OR €OR CANCELLATION.
A MEMBER OF THE FEDERAL RESERVE SYSTEM
U.S. BANK NATIONAL ASSOCIATION
AUTHORIZED SIGNATURE
TOTQL P.03
I,
4 DRAFT
JEWEL FOOD STORES, INC. A NEW YORK CORPROATION - CITY OF MUSKEG0
DEVELOPERS AGREEMENT
“DREAMLAND” PLANNED UNIT DEVELOPMENT - PHASE ONE
This Agreement, made this __ day of by and between Jewel Food Stores, Inc. a New
York Corporation (the “Developer“) and the City of Muskego, a municipal corporation of the State of
Wisconsin, located in Waukesha County, hereinafter called the ”City”
WITNESSETH
WHEREAS, The Plan Commission has adopted Resolution #P.C. 124-98, Approval of a Conceptual
Building, Site, and Operation Plan for a Planned Unit Development at the Propedy Located in the SW
% of Section 2 and SE % of Section 3, and
WHEREAS, The Common Council has adopted Resolution #130-98, A Resolution Indicating the City’s
Present Intent to Approve the Concept of B-3/RSM/OPD Zoning for Dreamland lnvestors LLC, and the
rezoning as proposed in said Resolution is required in order for this Development to advance, and
WHEREAS, the Developer has submitted for approval by the City an initial phase of a proposed
Planned Unit Development (the “PUD”) pursuant to City Ordinances, a boundary description of which is
attached on the recording cover sheet for this Agreement, and
WHEREAS, The Plan Commission has approved a sketch land division for the PUD by passage of
Resolution #P.C. 008-2000 on January 4,2000. and
0 WHEREAS, the Developer has submitted for approval by the Common Council, a Certified Survey Map
which will be recorded with the Register of Deeds for Waukesha County and which has been approved
by the Plan Commission by Resolution #PC 176A-2000 on December 5. 2000, a copy of which is on file
in the City Planning Department, and
WHEREAS, The Plan Commission has approved the Business Site and Operation Plan for Phase One
of the PUD by adoption of Resolution #P.C. 132C-99 on February 1, 2000, and
WHEREAS, The Common Council has approved the Business Site and Operation Plan for the initial
phase of the PUD by adoption of Resolution #5-2001 on January 9. 2001, and
WHEREAS, the Developer is required make and install certain public improvements (“Improvements”)
reasonably necessary for the PUD and further, may require improvement of public ways within the
PUD, conditioned upon the construction of said improvements according to municipal specifications
without cost to City; and
WHEREAS, the City’s Engineers, the City’s Public Works Committee, Public Utility Committee and
Finance Committee have duly approved, contingent of certain other approvals, Developer‘s plans and
specifications for PUD improvements, and the City’s Plan Commission and Common Council have duly
approved the PUD contingent in part upon the execution and performance of this agreement by the
Developer
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
1
0 agree as follows:
Developers Agreement for "Dreamland
Planned Unlt Development - Phase One
Page 1
SECTION I : PLANNED UNIT DEVELOPMENT
1, LAND USE. The PUD as approved by Plan Commission Resolution #P.C. 124-98 and refined by
Resolution #P.C. 132-99. consists of:
a) "Big Box" retail I commercial consisting of one 62,000 square foot structure for an anchor tenant,
to be constructed in Phase One.
b) In-line or "strip" retail / commercial consisting of a 17,000 square foot attached structure for a
single tenant occupancy, and a 13,540 square foot attached structure for multi-tenant
occupancy, all with uses consistent with underlying 8-3 zoning, to be constructed in later
Phases.
c) Outlot retail I commercial consisting of three free-standing structures being 6,000 square feet,
8,000 square feet, and 6,000 square feet respectively, all with uses being consistent with
underlying 8-3 zoning, to be constructed in later Phases.
d) Multiple family senior housing consisting of three 32-unit structures and two 27-unit structures,
representing a total of 150 dwelling units, all with uses consistent with underlying RSM zoning,
to be constructed in later Phases.
2. PHASING. This Agreement addresses the first Phase of the PUD, consisting of one 62,000 square
foot structure for an anchor tenant, and its associated parking, landscaping, drives and parking as
approved by Plan Commission Resolution #PC 1320-99 on February 1, 2000.
This Agreement concerns only the construction of Phase One and no further construction is
authorized by this Agreement. Developer must obtain approvals for all Phases beyond Phase One
referred to herein, including but not limited to, findings by the City that adequate public facilities are
available, Building Site and Operation Plan approvals and all other City approvals. Any construction
concerning phases beyond Phase One shall require a separate Developers Agreement for each
approved Phase and each Agreement shall, in part, include agreed upon cost of improvements in a
form similar to that of the Public Improvement Cost Breakdown for Phase One and the appropriate
Letter of Credit.
e
3. CERTIFIED SURVEY MAP AND LAND TITLE
1 Within thirty (30) days after approval of this Agreement by the Common Council, the Developer
shall execute this Agreement, including tender of the Letter of Credit, shall cause this Agreement to
be recorded at the Waukesha County Register of Deeds and shall provide City with evidence of
recording.
2. Within thirty (30) days after approval by the Common Council, the Subdivider shall cause the
Certified Survey Map to be executed and recorded, and shall provide City with evidence of
recording.
3. Prior to commencing construction on Improvements as required herein and prior to recording the
Certified Survey Map and this Agreement, Developer shall provide the City with title evidence
acceptable to the City Attorney showing that upon recording the Certified Survey Map, the City will
have good, indefeasible title to all interests in land dedicated or conveyed to the City. 0
Developers Agreement for"0reamland
Planned Unit Development - Phase One
Page 3
0 SECTION II : IMPROVEMENTS:
City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to
enter upon and install the following described Improvements in any public street or public property.
Developer shall cause the construction of all Improvements called for by this Agreement to be carried
out and performed in a good and workmanlike manner Developer shall submit to the City valid copies
of all agency permits including the Waukesha County Department of transportation, Wisconsin DNR,
and U.S. Army Corps of Engineers before construction commences and prior to any preconstruction
meeting.
Developer, entirely at its expense, shall:
1 ROADS AND STREETS:
a) Grade and improve without expense to City all private roads, drives, and streets in
accordance with the site plan of said PUD and the plans and specifications attached
hereto, made a part hereof and marked Exhibit "C", all in accordance with the City's
specifications.
b) Establish vehicle access points to said PUD in accordance with permitting requirement
and development standards of Waukesha County Department of Transportation.
c) Furnish and install without expense to City or Waukesha County any additional traffic 0 lanes, turning lanes, and traffic signalization which may be determined to be necessary
within five (5) year of the execution of this Agreement.
d) Restore any damage to existing pavement, curb, gutter, and landscaping which may
result from construction of Improvements,
e) Reimburse the City for the cost of all street signs, traffic signs and posts, including the
cost of their installation.
2. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
a) Construct, install, furnish and provide facilities without expense to City, including all off-site
mains and appurtenances required to serve the PUD, as approved by the City Engineer and
Public Works Committee, for storm and surface water drainage throughout the entire PUD, in
accordance with the Master Grading Plan. Such plans shall provide for all sump pump
discharge to a tile or storm sewer system, all in accordance with the plans and specifications
attached hereto, made a part hereof and marked Exhibit "D Developer shall own and maintain
all storm sewers and appurtenances located within the PUD. The City retains the right to require
the Developer to install additional storm drainage and erosion control measures.
b) Grade and improve the site without expense to City in conformance with the Master Grading
Plan attached hereto and made a part hereof and marked Exhibit "D Including restoration with
topsoil and sod. All grades must be verified by Developets Engineer after completion with the
following tolerances: All lot corners must be from exact to plus or minus two (2) inches. Overall
lot grades must be from exact to minus six (6) inches. Building pads from exact to minus twelve 0
Developers Agreement for "Dreamland"
Planned Unit Development - Phase One
Page 4
(12) inches. All swales and ditches must be graded to exactly minus three (3) inches to allow for
standard finish. 0
c) 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 "E"
d) 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 "E
e) Clean all storm sewers without expense to City prior to issuance of building permits, and prior to
issuance of occupancy permits.
3. SANITARY SEWER:
a) Construct, install, furnish, and provide without expense to City a complete sanitary sewage
collection system throughout the entire PUD, including all off-site service mains required to
service the PUD. as approved by the City Engineer and the Public Utilities Committee all in
accordance with the plans, specifications and drawings attached hereto as Exhibit "F"
b) Be responsible for all costs any future lift station conversions or abandonment which may be
necessary, in the sole determination of the City.
c) Complete, to the satisfaction of the City Engineer and without expense to City, any remaining
punch list items concerning the Sanitary Sewer System prior to the connection of any structure
to the sanitary sewer systems.
d) Clean all sewer lines without expense to City prior to the issuance of building permits and
acceptance of improvements by the City.
e) Abandon all on-site sanitary systems which serve structures to be removed from the Property, in
accordance with City specifications and as approved by the City Engineer
4. WATER MAIN:
a) Construct, install, furnish, and provide without expense to City a complete water main system
throughout the entire PUD, including all off-site service mains required to service the PUD, as
approved by the City Engineer and the Public Utilities Committee all in accordance with the
plans, specifications and drawings attached hereto as Exhibit "F'
b) Complete, to the satisfaction of the City Engineer and without expense to City, any remaining
punch list items concerning the Water Main System prior to the connection of any structure to
the water system.
c) Apply for all necessary permits and meter any water used from hydrants.
d) Abandon all private wells located on the Property in accordance with City specifications and as
approved by the City Engineer e
Developers Agreement for 'Dreamland"
Planned Unit Development. Phase One
Page 5
5. LANDSCAPING:
a) Preserve existing trees outside of the public right-of-way whenever practical, when installing the
PUD Improvements.
b) Remove and lawfully dispose of: (a) all old barns, buildings and structures in accordance with
Chapter 30 of the Municipal Code; (b) destroyed trees, brush, tree trunks, shrubs and other
natural growth; (c) all rubbish; all without expense to City.
c) Furnish and install without expense to City, all street trees in accordance with Section 18.60 of
the Muskego Land Division Ordinance and Resolution #P.C. 1326-2000.
d) Furnish and install without expense to City, all site landscaping in accordance with the Building
Site and Operation Plan for Phase One as approved by the Plan Commission by Resolution
#PC 132C-99, and Common Council and attached hereto as Exhibit "F "
6. PEDESTRIAN WAYS
a) Grade without expense to the City, the location of future bike path on Janesville Road
between Moorland Road and the east property line of the PUD, in accordance with the
plans and specifications attached hereto, made a part hereof and marked Exhibit "C", all
in accordance with the Waukesha County Department of Transportation specifications,
and as approved by the City Engineer and Public Works Committee.
0 b) Escrow funds in a segregated Developers Deposit Account with the City in the amount of
Ten Thousand Dollars ($10,000) for the installation of the bike path in conjunction with
the reconstruction of Janesville Road, anticipated in the 2004 calendar year
Developer shall be responsible for actual cost of bike path installation, which may include
but not be limited to additional engineering or legal expenses, and shall pay any
additional cost within 30 days of billing. City shall refund any balance in the segregated
Developers Deposit Account within 30 days of acceptance of Improvements.
7 EROSION CONTROL MEASURES:
a) 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 received from the City.
b) Construct, install, furnish and provide without expense to City a complete system of Erosion
Control Devices or measures in specified areas of the PUD. as approved by the City Engineer
and the Building Inspection Department attached hereto as Exhibit "D and in accordance with
the plans and specifications with Chapter 29 of the City's Municipal Code.
c) Install silt fencing in conformance with the approved plans prior to the grading and construction
work. Such fences shall be maintained by the Developer until such time as vegetative cover is
established in the PUD. No grading shall occur without a two (2) day notice to the City.
d) Install Mulching and seeding of all disturbed areas without expense to City to comply with *
Municipal Code Chapter 29.
Oevelopers Agreement for "Dreamland"
Planned Unit Development - Phase One
Page 6
e) Maintain Sixty Thousand Dollars (S60,OOO.OO) from the Letter of Credit, to be retained until
adequate vegetation is established as determined by the City Engineer A reduction of fifty
percent (SOYO) of the Sixty Thousand Dollars ($60,000.00) portion of the Letter of Credit is
allowable upon verification of fifty percent (50%) of disturbed areas are vegetated. If. upon a
written notification by the City Engineer or Building Inspection Department of non-compliance of
Chapter 29, the terms are not corrected within five (5) days, the City may utilize this portion of
the Letter of Credit to correct the terms of non-conformance.
SECTION 111 : TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section II above shall be completed by the Developer within one (1) year
from the execution of this Agreement or except if an earlier date is provided for in the Agreement. The
final surface course pavement in Phase One shall be completed within 24 months after the installation
of the first lift of asphalt. Developer 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 receives notice of the
intention to terminate the Letter of Credit prior to completion of the final surface course pavement, 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 Credit.
SECTION IV : INSPECTIONS AND ADMINISTRATIONS FEES:
Developer shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section 18.14 of the City's 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 I, a
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 V . GUARANTEES:
The Developer shall guarantee the public roads and streets, sanitary sewers, watermains, surface
water drainage improvements and all other improvements described in this Agreement, against defects
due to faulty materials or workmanship provided that such defects appear within a period of one (1)
year from the date of dedication and acceptance. The Developer 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 VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City,
upon completion of the above described Improvements, unconditionally give, grant, convey and fully
dedicate the road and street improvements which are located within public rights-of-ways, sanitary
sewers, watermains, storm and surface water drainage facilities (excluding those facilities which are
located outside of public rights-of-ways which are to be owned and maintained by Developer) to the
Developers Agreement for "Dreamland'
Planned Unit Developmenl - Phase One
Page 7
City, it successors and assigns, forever, free and clear of all encumbrances whatever together with and
including, without limitation because of enumeration, any and all land, buildings, structures, mains,
conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any
way be a part of or pertain to such improvements and together with any and all necessary easements
for access thereto. The City will be receptive to the dedications of said Improvements, except roads
and surface water drainage facilities, after the first lift of bituminous concrete pavement has been
installed, when all said utilities have been completed and approved by the City Engineers and other
agencies as applicable.
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 Developer
As and when the Developer shall have completed and dedicated the improvements required herein, the
same shall be accepted by the City 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, City Finance Committee and Common Council.
SECTION VI1 . GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents
incorporated herein by reference, Developer 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
general liability insurance the City, its officers, agents, and employees, and any independent
contractors hired by the City to perform service as to this PUD and give the City evidence of the same
upon request by the City.
0 stated above by any party or parties. The Developer shall also name as additional insured on its
a) Hold Harmless. The Developer 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 Developer, its officers,
agents, independent contractors, and employees or anyone for whose acts any of them may
be made liable, regardless of whether or not it is caused in part by a party indemnified
herein.
A claim for indemnification under this section shall be conditioned upon the City giving to the
Developer, within thirty (30) 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 Developer's
insurance carrier, the City shall tender the defense of such claims to the Developer's insurance
carrier, In any and all claims against the City, its officers, agents, independent contractors, and
employees by the Developer, 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
Developers Agreement for 'Dreamland
Planned Unit Development - Phase One
Page 8
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 e
Developer, its officers, agents, independent contractors, employees under Workers' Compensation
Acts, disability benefit acts, or other employee benefit acts.
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 Developer 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
Developer shall include costs incurred in connection with any site investigation or any remedial,
removal, or restoration work required by any local, State, or Federal agencies because of the
presence or suspected presence of toxic or hazardous substances on or under the real
property, whether the soil, groundwater, air, or any other receptor The City agrees that it will
immediately notify Developer of the discovery of any contamination or of any facts or
circumstances that reasonably indicate that such contamination may exist in or on the real
property. The City also agrees that upon notification to Developer that contamination may exist,
the City shall make reasonable accommodations to allow Developer to examine the real
property and conduct such clean up operations as may be required by appropriate local, State,
or Federal agencies to comply with applicable laws.
e
d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at least One Million Dollars ($1,000,000.00) 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 (10) days written notice to the City. A certificate of Subdivider's insurance shall be
furnished to the City on the form attached hereto as Exhibit "E. 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 Vlll . AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer 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 land in the PUD. Further, that the
sale of any lot or parcel shall not release the Developer from completing the work on the attached
Exhiblts.
Developers Agreement for "Dreamland'
Planned Unit Development - Phase One
Page 9
0 SECTION IX : CONSTRUCTION PERMITS, ETC..
The City shall, within its authority, issue such permits, adopt such resolutions, and execute such
documents as may be necessary to permit the Developer to construct the Improvements in accordance
with the plans and specifications called for by this agreement, upon Developets compliance with any
deposit provisions or other requirements of the applicable ordinances or regulations; and the City shall
cooperate with the Developer in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
SECTION X. BUILDING AND OCCUPANCY PERMITS:
1 It is expressly understood and agreed that no building permits or occupancy permits shall be issued
for any building or structure in Phase One of the PUD until the City's Engineers have determined
that:
a) The sanitary sewer, water and surface water drainage facilities required to serve the Phase are
connected with an operational system as required herein, and
b) The bituminous base course of pavement has been installed, and
c) Developer's registered land surveyor has certified that the Phase of the PUD conforms to the
Master Grading Plan, and
0 d) The balance of the Developer's Deposit is replenished to its required level.
SECTION XI : GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions
shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein.
This Agreement and all work and Improvements required hereunder shall be performed and carried out
in strict accordance with and subject to the provisions of said ordinances.
SECTION XI1 . FINANCIAL GUARANTEES:
1 LETTER OF CREDIT:
Prior to the execution of this agreement by the City, the Developer shall file with the City a Letter of
Credit setting forth terms and conditions approved by the City Attorney in the amount of $1,872,055.00
as a guarantee that the required plans, Improvements, and approvals will be completed by the
Developer 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 PUD 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) Release Of Funds From Letter Of Credit: The Developer shall provide City with a written request
to the Finance Committee accompanied by: invoices for work completed for which a release is
being requested, breakdown of invoices in format of Public Improvement Cost Breakdown form,
lien waivers for all work which is subject of release request.
0
Developers Agreement for "Dreamland'
Planned Uml Oevelopment - Phase One
Page Io
2. DEVELOPER'S DEPOSIT:
Developer shall maintain a balance of $5,000 in the Developer's Deposit for Phase One. No release
from the Letter of Credit shall be entertained until the Developets Deposit is satisfied unless otherwise
authorized by the Common Council following a recommendation of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
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 PUD. This provision constitutes the Developer's consent to the
installation by the City of all improvements required by this Agreement and constitutes the Developer's
waiver of notice and consent to all special assessment proceedings as described in Sec. 66.60 (18),
Wis. Statutes.
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 Xlll . PARTIES BOUND:
Developer 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 0
and installation of streets Improvements, drive and parking areas, water facilities, drainage facilities,
ditches, landscaping and all other Improvements shall be the Developers. 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 Developer from ultimate responsibility for the design, performance, and function of the
Development and related infrastructure.
SECTION XIV . AMENDMENTS AND ASSIGNMENT:
Developer shall not assign this Agreement without the written consent of the City. The City and the
Developer, by mutual consent, may amend this agreement, by written agreement between the City and
the Developer
Developers Agreement for "Dreamland'
Planned Unit Development - Phase One
a Page I I
SECTION XV : PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Developer and City have caused this Agreement to be signed by their
appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date
and year first written above.
A. Jewel Food Stores Inc. a New York Corporation
-
William H. Arnold, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , William H. Arnold, to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
B. City Of Muskego:
BY:
David L. DeAngelis, Mayor
BY 1
Jean K. Marenda. City ClerWreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of , the above named David L.
DeAngelis, Mayor, and Jean Marenda, City Clerureasurer, 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 ClerklTreasurer 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 SIh day of
January, 2001
Notary Public-State of Wisconsin
0 MY Commission Expires
Developers Agreement for 'Dreamland"
Planned Unlt Development. Phase One
Page 12
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Developer% Agreement for
Dreamland PUD Phase One, Muskego, Wisconsin, as entered into on the -
byand between
day of
and the City of Muskego, pursuant to the authorization by the Common
Council from their meeting on the 9th day of January 2001
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City CleMreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of , .
(Notary Public)
My commission expires
0 DREAMLAND PLANNED UNIT DEVELOPMENT
RETENTION POND MAINTENANCE AGREEMENT
I This Agreement, made and entered into this day of , 2001, by
and between Jewel Food Stores, Inc. a New York Corporation, hereinafter referred
to as Developer, the Dreamland Association, hereinafter referred to as the
Association, 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 being a part of the
[LEGAL DESCRIPTION] hereinafter referred to as the "Property"; and
WHEREAS, the City has approved the Dreamland Planned Unit Development and
the construction of storm water retention ponds within said 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 the Dreamland Planned Unit Development; and
0 WHEREAS, the Dreamland Planned Unit Development discharges stormwater to a
navigable stream which is directly upstream from Big Muskego Lake and Bass Bay,
and the City and DNR has expended great effort and expense to remove sediment
and rough fish from Big Muskego Lake; and
WHEREAS, the City and the DNR has established certain requirements for retention
ponds and storm water management to be constructed in the Dreamland Planned
Unit Development to minimize flooding and sediment migration to the adjacent
navigable stream including Big Muskego Lake and adjacent wetlands and other
tributary properties and to prevent rough fish propagation and reintroduction into Big
Muskego Lake; and
WHEREAS, the Developer has established the Dreamland Association hereinafter
referred to as the Association, which shall be responsible for the maintenance of the
retention ponds constructed thereon; and
WHEREAS, the City intends to reserve the, right to enforce the requirement that 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
January 9, 2001 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. 0
Dreamland Planned Unit Development
Retention Pond Maintenance Agreement
Page 2
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 January 9,
2001 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 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 assessment or special charge 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 five thousand
dollars ($ 5,000.00) to cover the estimated costs associated with the pond draw
downs necessary for the first five (5) years. Upon commencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice the
Association in an amount sufficient to return the account balance to $1,000.00.
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 $1,000.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the Association.
Costs not paid shall be on the tax bills as a special assessment or special
charge. If the Association has not been Incorporated upon commencement of the
sixth (6) year, the Developer shall deposit a minimum of $1,000.00 per year for
Dreamland Planned Unit Development
Retention Pond Maintenance Agreement
Page 3 a each year said incorporation does not occur, plus any additional costs as
deemed necessary by the City.
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, Developer 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.
Jewel Food Stores, Inc. A New York Corporation
By:
William H. Arnold, Vice President
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of ,2001,
William H. Arnold,_to me known to be the person who executed the foregoing
instrument and acknowledged the same. 0
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSINJSS
WAUKESHA COUNTY }
I.
Dreamland Planned Unit Development
Retention Pond Maintenance Agreement .
Page 4
DREAMLAND ASSOCIATION 0
By:
William H. Arnold
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of ,2001,
William H. Arnold 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 }
PERSONALLY came before me this day of ,2001,
instrument and acknowledged the same.
to me known to be the person who executed the foregoing
Notary Public, Waukesha County, Wisconsin
My commission expires
Dreamland Planned Unit Development
Retention Pond Maintenance Agreement
Page 5
CITY OF MUSKEG0
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 Muskego
By:
David L. DeAngelis, Mayor
By:
Jean K. Marenda. City ClerklTreasurer
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY }
Personally came before me this day of ,2001
the above named David DeAngelis, Mayor and Jean Marenda, City ClerklTreasure
of the above-named municipal comoration Citv of Muskeao. to me known to be the
!r,
0 persons executed the foregoing instrument, and to me known to be such Mayor and
City ClerklTreasurer 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 9th day of January, 2001
Notary Public, Waukesha County, Wisconsin
My commission expires
Dreamland Planned Unit Development
Retention Pond Maintenance Agreement
Page 6
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for the Dreamland Planned Unit Development, Muskego,
Wisconsin, as entered into on this day of , 2001 by and
between and the City of Muskego, pursuant to the authorization
by the Common Council from their meeting on the 9th day of January, 2001
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2001
Notary Public, Waukesha County, Wisconsin
My commission expires
DREAMLAND PLANNED UNIT 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 the Dreamland Planned Unit 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 Dreamland Association regarding the management of storm water in the
Dreamland Planned Unit 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:
0
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 Developer’s Agreement and approved plans on file with the City.
3. The Developer shall construct storm water retention ponds to be
contained on the Dreamland site. The Developer shall as - built the finish
grade of the ponds and provide the as - built plans to the City and 0
Dreamland
Stormwater Management Plan
Page 2
Dreamland Association. The Developer shall also provide a bench mark
at each pond to be illustrated on the as-built drawings. 0
4. The Developer upon completion of the above referenced improvements
shall convey by final plat and deed restrictions the improvements to
Dreamland 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 by Dreamland
commences outside of City owned Right of Way. All improvements
contained within the City owned Right of Way shall be the responsibility of
the City to own and maintain.
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 remove sediment and rough fish from Big
Muskego Lake and the City and the DNR has established certain requirements
for retention pond and storm water management on the Dreamland Planned Unit
Development to minimize flooding and sediment migration to the adjacent
navigable stream including Big Muskego Lake and adjacent wetlands and other
tributary properties to prevent rough fish propagation and reintroduction into Big e
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 This draw
down of the depth of the storm water ponds will freeze-out all fish resulting in a
rough fish free pond thereby minimizing the risk of reintroduction of rough fish
during flooding conditions into the navigable stream which is tributary to
Muskego Lake. 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 or special charge against the out lots which contain 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 responsibilities which has been agreed
to by the DNR:
1 City of Muskego shall administer draw down and inspect for sediment
build-up. 0
Dreamland
Stormwater Management Plan
Page 3 0 2. Draw down of all retention ponds shall occur annually within the first two
weeks of November
3. Draw down may only occur after determination that sediment build-up will
not be transported through the discharge pipe. If sediment build-up has
occurred above the invert elevation of the discharge pipe it must be
removed prior to draw down.
4. Draw down gate valves, if installed, shall be closed within one week of
commencement of the draw down.
5. 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 Dreamland Association according to Section 3.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
DREAMLAND ASSOCIATION.
0 An unincorporated Association of the owners of all lots in the Dreamland
Planned Unit Development has been created for the purposes of managing and
controlling Common Areas including the out lots which contain the storm water
retention ponds. This owner's association is formally titled Dreamland
Association, and it is referred to herein as the Association.
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. The City shall
advise the Association of all log entries on an annual basis and upon
request of the Associaiton. When sediment build-up reaches 15, the City
shall notify the Association to remove the sediment. The DNR has
required that any pumping of sediment laden water by contractors shall
be filtered through a temporary sediment basin appropriately sized prior
to being discharged into the creek or wetlands,
Dreamland
Stormwater Management Plan
Page 4
3. The Association shall be responsible for water quality in the storm water
retention ponds including removal of weeds and algae Control. 0
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.
THIS INSTRUMENT DRAFTED BY.
Brian D. Turk, Director of Planning
City of Muskego
PO Box 749
Muskego. WI 53150
Approved by Public Works Committee