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CCR2001163COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #163-2001 APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT The Reserve at Champions Village WHEREAS, A Final Plat was submitted on, July 5, 2001 for the The Reserve at Champions Village Subdivision located in the NE and NW % of Section 25 to create 17 single family lots and two outlots; and WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 102-2001, and WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for The Reserve at Champions Village Subdivision and the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the Final Plat for The Reserve at Champions Village Subdivision, subject to approval of the City Engineer and all objecting and approving agencies, and receipt of all fees as provided in Section 18.14 of the Land Division Ordinance and any special assessments which may be due. BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for The Reserve Estates Subdivision, as attached, are hereby approved subject to approval of the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) days of the date of approval of this Resolution or the same will be null and void. BE IT FURTHER RESOLVED That this approval is subject to the passage and publication of Ordinance #1076. BE IT FURTHER RESOLVED That a digital *.DXF file, *.DGN file, or *.DWG file of this final plat be submitted to the City prior to City signatures being placed upon the plat (3- 1/2" diskette) and all information transmitted on the diskettes shall be tied to and referenced to State Plane Coordinates NGVD 1929 or others approved by the City Engineer 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. #163-2001 0 DATED THIS 28th DAY OF Auqust ,2001 SPONSORED BY: FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #163-2001 which was adopted by the Common Council of the City of Muskego. InnGuLetcceoi, 8/0ljmb VILLAGES AT MUSKEG0 LAKES PARTNERSHIP - CITY OF MUSKEG0 THE RESERVE AT CHAMPIONS VILLAGE - SUBDIVIDER'S AGREEMENT This Agreement, made this day of -, 2001 by and between Villages at Muskego Lakes Partnership (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 The Reserve at Champions Village Subdivision (the "Subdivision"), described as: Lots 1-17, inclusive, and Outlots 1 and 2, of The Reserve at Champions Village, being a redivision of Parcel 2 of Certified Survey Map No. 8703, and a redivision of Lots 16 and of the NE %, and part of the NE 'h of the NW % of Section 25, T5N R20E, City of 17 of Champions Village of Country Club Villages, Being a part of the NW '/4 and SW % Muskego, Waukesha County, Wisconsin, being 17.413 acres, more or less 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; and WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Subdivider make and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipality; and WHEREAS, the City's Engineers, the City's Public Works Committee, Public Utility Committee and Finance Committee have duly approved, contingent of certain other approvals, Subdivider's plans and specifications for subdivision improvements, and the City's Plan Commission and Common Council have duly approved the final plat of The Reserve at Champions Village Subdivision contingent in part upon the execution and performance of this Agreement by the Subdivider NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: SECTION I : PLAlTING 1 This Subdividers Agreement addresses the development of 15 new parcels platted for single family residential use, two replatted parcels for single family residential use, one outlot platted for open space and stormwater retention purposes, and one outlot to be retained by Subdivider for possible future redivision and development, 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. a) Single family parcels shall conform to the zoning requirements of RS-3 / OPD Suburban Residence district with Planned Development overlay zoning, and generally being a minimum of 12,500 square feet in area, 80 feet in average lot width, having street yard setbacks of 30 feet, side yard offsets of 10 feet unless encumbered by easements of greater width, and rear yard offsets of 30 feet. 0 b) Outlot 1 shall be reserved for common open space and stormwater management purposes consistent with OPD Planned Development overlay zoning requirements, and shall be owned and maintained by Owners Associations established by Subdivider Page 2 The Reserve at Champions Village Subdividers Agreement ORAFT July 19,2001 2. Subdivider shall entirely at its expense: * a) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in the amount required herein for the construction of improvements required by this Agreement. No construction activity may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered. b) Concurrent with the execution of this Agreement, provide the City with title evidence acceptable to the City Attorney showing that upon recording the Plat, the City will have good, indefeasible title to all interests in land dedicated or conveyed to the City by the Plat. c) Within thirty (30) 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. d) Within thirty (30) days after approval by all approving authorities and waiver of objection by all objecting authorities, the Subdivider shall cause the final plat of The Reserve at Champions Village to be executed and recorded, and shall provide City with evidence of recording. e) 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. SECTION 111 : IMPROVEMENTS Subdivider shall entirely at its expense: A. ROADS AND STREETS: 1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee on March 26, 2001 including off site improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Director of Engineering and Building and Public Works Committee as indicated in the plans and specifications dated December 1, 2000 and made a part hereof and on file with the Director of Engineering and Building Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of subdivision improvements. 3. Reimburse the City for the cost of all street signs, street lights, 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 Director of Engineering and Building and Public Works Committee on March 26, 2001 for storm and surface water drainage throughout the Subdivision, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance with the plans and specifications dated December 1, 2000, revised December 21, 2000 and on file in the City Building and Engineering Department. The City Page 3 The Reserve a1 Champions Village Subdividers Agreement DRAFT July 19. 2001 @ 2. 3. 4. C. 1 0 2. 3. D. 1 2. 3. @ 4. retains the right to require the Subdivider to install at its cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. Grade and improve all lots in conformance with the Master Grading Plan as approved by the Director of Engineering and Building and Public Works Committee on Match 26, 2001 all in accordance with the plans and specifications dated December 1, 2000 and revised December 21, 2000, on file in the City Building and Engineering Department. Restore with topsoil and seed. Establish dense vegetation. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. Execute and record a Maintenance Agreement in the form attached hereto as approved by the Director of Engineering and Building and Public Works Committee on August 27, 2001 relating to privately owned storm water appurtenances, and provide proof of recording prior to sale of lots in the Subdivision. 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. SANITARY SEWER: Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the Subdivision, and including off site improvements necessary to provide such system, as approved by the Director of Engineering and Building and the Public Utilities Committee on February 19, 2001 all in accordance with the plans, specifications and drawings dated December 1, 2000 on file in the City Building and Engineering Department. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering and Building, and supply video tape to City of Muskego, and clean all sewer lines prior to the issuance of building permits, and acceptance of improvements by the City. WATER MAIN: Construct, install, furnish, and provide without cost to City, a complete community well system of water supply and distribution, including any off site improvements necessary to provide such system, (herein referred to as the Water Facilities) throughout the Subdivision, as approved by the Director of Engineering and Building and Public Utilities Committee on February 19, 2001 and in accordance with the plans and specifications dated December 1, 2000 on file in the City Building and Engineering Department. Apply for all necessary permits to use water from hydrants for construction permits, as may be required by the City. 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. Subdivider, its successors or assigns, shall operate and maintain the wells and water distribution system for Champions Village as required by the City Utility and any applicable governing agencies. The cost of operating and maintaining such facilities, including provisions for reasonable reserves Page 4 The Reserve at Champions Village Subdividers Agreement ORAFT July 19,2001 and depreciation of facilities shall be determined and levied against those lots which are improved with dwellings per the Covenants and Restrictions and Water Trust for Champions Village and 0 Country Club Villages 5. Upon completion of the system, furnish and provide the City with a complete summary of the actual construction costs for such system of water supply and distribution broken down in sufficient detail to satisfy the requirements of the Wisconsin Public Service Commission in establishing or revising a rate base. 6. Furnish well test data and other information required by the Wisconsin Department of Natural Resources, the Wisconsin Public Service Commission, and the City of Muskego. 7 The following special provisions shall apply to the well(s), water mains and water laterals to be installed by the Subdivider pursuant to this agreement: (a) To the extent necessary, the City shall grant a franchise to the Subdivider, its successors in title to the Water Facilities, or to a Trust which shall hold legal title to said facilities for the benefit of all owners of lots within the Subdivision, to operate a private utility to serve the Subdivision; provided however, that the rates and service charges of such utility shall be formulated so as not to produce any return upon the initial capital costs of installing the Water Facilities. (b) The City shall have an indefinite option to require transfer of the Water Facilities, without consideration to SUBDIVIDER, or their successors in title to the Water Facilities, or any property owner, as of the end of any calendar month upon at least thirty (30) days prior writlen notice by the public owner of any municipal, intermunicipal, or metropolitan water system, including the City of Muskego, either alone or in cooperation with other municipalities or any statutory water district. (c) The City grants to the Subdivider, and to its successors in title to the Water Facilities, a perpetual right and easement under all dedicated public streets in the subdivision for the installation, maintenance and repair of the Water Facilities. Subdivider, or its successors in title to the Water Facilities, in connection with any such maintenance and repair work, shall erect suitable, lighted barricades; shall repair, restore and rebuild as necessary all streets and other public improvements located in dedicated streets which may be opened, damaged or removed in performing such work; and shall indemnify the City and its agents, consultants and employees of each, and hold them harmless against all loss, damage claims and expenses to or by any third party as a result of such work performed within the right-of-way of a public street. (d) The CITY shall, at all times, have the right to draw water from said system through the fire hydrants provided therefor, for fire-fighting and other municipal purposes, without charge to the City. (e) The Subdivider or its successors in title to the Water Facilities, agrees to preserve and maintain the water capacity of the well(s) and pumping facility(ies) measured in terms of the Wisconsin Department of Natural Resources, or other governmental agency(ies), flow requirements and the requirements of the City Utility, to satisfactorily serve the lots in the subdivision. E. LANDSCAPING: 1 Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan plans dated, dated March 28,2000 and adopted by the Common Council on July 11,2000 and in accordance with as conditionally approved by the Planning Director and Plan Commission on and on file in the City Building and Engineering Department. Page 5 The Reserve at ChamDionS Villaae " Subdividers Agreement ORAFT July 19,2001 I F. EROSION CONTROL MEASURES: ' @I Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance by the Director of Engineering and Building and Public Works Committee on March 26, 2001 in accordance with the plans and specifications dated December 1, 2000 and revised December 21, 2000 on file in the City Building and Engineering Department. 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, in accordance with the Erosion Control Plan as approved by the Director of Engineering and Building and Public Works Committee on March 26, 2001 in accordance with the plans and specifications dated December 1, 2000 and revised December 21, 2000 on file in the City Building and Engineering Department. No construction or grading can begin until said permit is issued by the City, and no grading shall occur without a two (2) day notice to the City. 3. Install silt fencing in conformance with the approved Erosion Control Plan 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. Install Mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 29. 4. Maintain Twenty Thousand Dollars ($20,000.00) in the Letter of Credit, to be retained until adequate vegetation is established as determined by the Director of Engineering and Building. A reduction of fifty percent (50%) of the Twenty Thousand Dollars ($20,000.00) portion of the Letter of Credit is allowable upon verification that fifty percent (50%) of disturbed areas are vegetated. If, upon a non-compliance of Chapter 29, the items are not corrected within five (5) days, the City may utilize written notification by the Director of Engineering and Building or Building Inspection Department of the Twenty Thousand Dollars ($20,000.00) portion of the Letter of Credit to correct the terms of non- conformance. SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section 111, except for final surface course of pavement and installation of street trees, 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 street trees may be deferred until ninety percent (90%) of the homes have been completed, or 36 months after the installation of the first lift of asphalt, whichever comes first. If the final surface course of pavement and installation of street trees are 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 and installation of street trees are completed. The amount of the Letter of Credit extension shall be sufficient to cover the cost of the incomplete improvements as determined by the Director of Building and Engineering. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface course pavement and installation of street trees 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. The Reserve at Champions Village Page 6 Subdividers Agreement ORAFT July 19.2001 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, and for the private community well and water distribution system serving the Subdivision. 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 streets, sanitary sewers, storm water drainage facilities (excluding those facilities which are to be owned and maintained by Owners Associations) to the City, it successors and assigns, forever, free and clear of all encumbrances whatever together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such improvements and together with any and all necessary easements for access thereto. The City will be water distribution facilities, after the first lift of bituminous concrete pavement has been installed, when receptive to the dedications of improvements, except private storm water drainage facilities and private all said utilities have been completed and approved by the Director of Engineering and Buildings 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. 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 VII: 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 Ill, 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. Page 7 The Reserve at Champtons Village Subdividers Agreement ORAFT July 19,2001 SECTION Vlll : MISCELLANEOUS REQUIREMENTS 'The Subdivider shall: 1 Easements: Provide any easements on Subdivider's land deemed necessary by the Director of Engineering and Buildings prior to the Final Plat being signed, provided such easements are along lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the applicable side yard and offset distances required by the zoning for such lots. I 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner I 3. Municipal Codes and Ordinances: 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. 4. Deed Restrictions: Execute and record deed restrictions and provide proof of recording prior to sale of lots in The Resewe at Champions Village which contain the following language: "Each lot owner must strictly adhere to and finish grade his lot in accordance with the Master Grading Plan on file in the office of the Subdivider and the office of the City Building Inspector unless a change is approved by the Director of Building and Engineering. The Subdivider and/or the City and/or the agents, employees or independent contractors shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance, and/or correction of any drainage condition and the Property Owner is responsible for the cost of same." (See Section 11.7.- "Construction Standards", Schedule A - Declaration of Covenants and Restrictions for Champions Village of Country Club Villages). 0 5. Sewer Extension Permits: the City has granted the Country Club Villages development six-hundred (600) sewer extension permits pursuant to the Agreement between the City and the Subdivider, including Subdivider's successors and assigns, entitled "Petition for Improvements and Agreement Regarding Special Assessments" dated February 3, 1992, as amended. The lands subject to this Subdividers Agreement shall utilize fifteen (15) of the sewer extension permits. Two previously granted sewer extension permits relating to the re-platting of Lots 16 and 17 of Champions Village at Country Club Villages shall be carried forward and applied to this Subdivision. There shall remain three- hundred and ninety nine (399) RECs of capacity for future phases of the development. Said sewer extension permits shall be governed by said Agreement executed by the City and the Subdivider which is made a part of this Agreement by reference. Sewer extension permits in this case are similar to RECs referred to in said Agreement. SECTION IX : GUARANTEES: The Subdivider shall guarantee the public roads and streets, sanitary sewers, surface water drainage improvements and all other improvements described in Section 111, 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. The Reseme at Champions Village Page 8 Subdividers Agreement ORAFT July 19,2001 SECTION X : GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this agreement as stated above by any party or parties. The Subdivider shall also name as additional insured on its general liability insurance the City, its officers, agents, and employees, and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request by the City. a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents, independent contractors, and employees from and against all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting from the performance of the Work, providing that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable, regardless of whether or not it is caused in part by a party indemnified herein. A claim for indemnification under this section shall be conditioned upon the City giving to the Subdivider, within five (5) business days of receiving the same, written notice of any such claim made against the City for which indemnification is sought, and if requested to do so by Subdivider's insurance carrier, the City shall tender the defense of such claims to the Subdivider's insurance carrier In any and all claims against the City, its officers, agents, independent contractors, and employees by the Subdivider, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of they may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Subdivider, its officers, agents, independent contractors, employees under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. 0 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 receptor The City agrees that it will immediately notify Subdivider of the discovery of any 0 The Reserve at Champions Village Page 9 Subdividers Agreement DRAFT July 19.2001 0 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 I 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 thirty (30) days written notice to the City. A certificate of Subdivider's insurance 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 XI : AGREEMENT FOR BENEFIT OF PURCHASERS: The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work on the attached Exhibits. SECTION XI1 : CONSTRUCTION PERMITS, ETC .... 0 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 single family residences subject to the provision of Section XIII. SECTION Xlll : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no building permits or occupancy permits shall be issued for any homes until the Director of Engineering and Building has determined that: 1 The sanitary sewer, water and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and installation of the bituminous concrete base course pavement has been properly installed, and 0 2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and Building, and The Reserve al CharnDions Villaae Page 10 Subdividers Agreement ORAFT July 19.2001 - 3. Certification is provided to the Director of Engineering and Building by a Registered Land 0 Surveyor that all lot grades conform to the Master Grading Plan, and 4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning Director SECTION XIV. FINANCIAL GUARANTEES: I 1 LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider shall file with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney and Finance Committee on in the amount of $472,900.00 as a guarantee that the required plans 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 Director of Engineering and Building with a written request accompanied by: invoices for work completed for which a release Breakdown form, and signed original lien waivers for all work which is subject of release request. The Director of Engineering and Building will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. 1 0 2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $2500.00 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. l is being requested, breakdown of invoices in the format of the Public Improvement Cost ! 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 i which the City is entitled by virtue of this Agreement upon the Subdivision. This provision I constitutes the Subdivider's consent to the installation by the City of all improvements required by this Agreement and constitutes the Subdivider's waiver of notice and consent to all special ~ assessment proceedings as described in Sec. 66.60 (18), Wis. 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 XV. 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 as described in this Agreement and adopted Ordinances of the City of Muskego. The Reserve al Champions Village Page 11 Subdividers Agreement DRAFT July 19,2001 SECTION XVI . 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 XVll : PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. Villages at Muskego Lakes Partnership By: Boris Sodos, Secretary Country Club Villages, Inc. Paul Votto, Member Lakeside Villages, LLC STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of -, the above names Boris Sodos and Paul Votto, partners in the Villages at Muskego Lakes Partnership to me known to be the person who executed the foregoing instrument and acknowledged the same as representatives of the Subdivider Notary Public-State of Wisconsin My Commission Expires 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 Clerk-Treasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this __ day of , the above named David L DeAngelis Mayor, and Jean K Marenda, City Clerk - Treasurer, 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 Clerk- Treasurer 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 a Notarv Public-State of Wisconsin My Commission Expires Page 12 The Reserve at ChamDions Villaae Subdividers Agreement ORAFT July 19,2001 I CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for The day of-, by and between Villages at Muskego Lakes Partnership and the City Of Muskego, Reserve at Champions Village Subdivision, Muskego, Wisconsin, as entered into on the pursuant to the authorization by the Common Council from their meeting on the - day of -. BY THE COMMON COUNCIL Jean K. Marenda, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This day My commission expires This instrument drafted by Brian Turk, Director of Planning City of Muskego PO Box 749 Muskego, WI 53150 THE RESERVE AT CHAMPIONS VILLAGE RETENTION POND MAINTENANCE AGREEMENT This Agreement, made and entered into this - day of , 2001, by Villages at Muskego Lakes Partnership (hereinafter referred to as “Subdivider”), the Champions Village Maintenance Association, Inc. (hereinafter referred to as “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”). 0 WITNESSETH: WHEREAS, the Subdivider is the owner of certain lands commonly known as The Reserve at Champions Village Final Plat, described as: Lots 1-17, inclusive, and Outlots 1 and 2, of The Reserve at Champions Village, being a redivision of Parcel 2 of Certified Survey Map No. 8703, and a redivision of Lots 16 and 17 of Champions Village of Country Club Villages, Being a part of the NW ’/4 and SW % of the NE X, and part of the NE % of the NW X of Section 25, T5N R20E, City of Muskego, Waukesha County, Wisconsin, being 17.413 acres, more or less and hereinafter referred to as the “Property”; and WHEREAS, the City has approved the Final Plat of The Reserve at Champions Village and the construction of storm water retention ponds within an outlot on the Property; and WHEREAS, the Subdivider has received various City permits and Wisconsin Department of Natural Resources permits hereinafter referred to as DNR permits to construct improvements wlthln the Fmal Plat of The Reserve at Champions Village; and WHEREAS, The Reserve at Champions Village is directly upstream from Big 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 The Reserve at Champions Village, to minimize flooding and sediment migration, and WHEREAS, the Subdivider has established an incorporated homeowners association known as Champions Village Maintenance Association, Inc. (hereinafter referred to as the “Association”), which shall become responsible for maintenance of the outlot 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 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 on file in the offices of the City of Muskego Building Department as required by the City of Muskego Storm Water Management ordinance; Reselve at Champions Village Retention Pond Maintenance Agreement Page 2 DRAFT July 19,2001 AGREED, as follows: NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS 1 The Association unless otherwise provided for in the storm water management plan dated July 19. 2001 shall be responsible for maintenance 01 the storm water management measures within the Subdivision. 2. The Association shall maintain the storm water management measures in accordance with the approved storm water management plan dated July 19, 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 as set by the City of Muskego. require correction, the specified corrective actions shall be taken within a reasonable time frame 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 all residential lots in The Reserve at Champions Village and collected with any other taxes levied thereon for the year in which the work is completed. 7 The Subdivider 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 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 $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 as a special assessment or special charge for all of the residential lots in The Reserve at Champions Village. 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. Reserve at Champions Village Retention Pond Maintenance Agreement Page 3 DRAFT July 19,2001 a a 0 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. VILLAGES AT MUSKEG0 LAKES PARTNERSHIP By: Boris Sodos, Secretary Country Club Villages, Inc. STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) By: Paul Votto, Member Lakeside Villages, LLC PERSONALLY came before me this - day of -, the above names Boris Sodos and Paul Votto, partners in the Villages at Muskego Lakes Partnership to me known to be the person who executed the foregoing instrument and acknowledged the same as representatives of the Subdivider, Notary Public, Waukesha County, Wisconsin My commission expires STATE OF WISC0NSIN)SS WAUKESHA COUNTY ) CHAMPIONS VILLAGE MAINTENANCE ASSOCIATION, INC. By: By: STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of -, the above named and , to me known to be the person who executed the foregoing instrument and acknowledged the same as representatives of the Champions Village Maintenance Association. Inc. Notary Public, Waukesha County, Wisconsin My commission expires STATE OF WISC0NSIN)SS WAUKESHA COUNTY ) Reserve at Champions Village Retention Pond Maintenance Agreement Page 4 DRAFT July 19,2001 0 CITY OF MUSKEG0 By: David L. DeAngelis, Mayor By: Jean K. Marenda, City Clerk-Treasurer STATE OF WISC0NSIN)SS WAUKESHA COUNTY ) Personally came before me this - day of , 2001 the above named David L. DeAngelis, Mayor and Jean K. Marenda, City Clerk-Treasurer, 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 Clerk-Treasurer 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 -, 2001. Notary Public, Waukesha County, Wisconsin My commission expires Reserve al Champions Village Retention Pond Maintenance Agreement ~~ " Page 5 DRAFT July 19.2001 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Retention Pond Maintenance Agreement for The Reserve at Champions Village Subdivision, Muskego, Wisconsin, as entered into on this -day of-, 2001 by and between Villages at Muskego Lakes Partnership, the Champions Village Maintenance Association, Inc. and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the -day of -I 2001 BY THE COMMON COUNCIL Jean K. Marenda City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME this - day of -, 2001 NotaryPublic, Waukesha County, Wisconsin My commission expires This document drafted by Brian D. Turk, Director of Planning City of Muskego PO Box 749 Muskego, WI 53150 THE RESERVE AT CHAMPIONS VILLAGE 0 0 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 Subdivider’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 Reserve at Champions Village, 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 Subdivider, the City of Muskego and the Champions Village Maintenance Association, Inc. regarding the management of storm water in Reserve at Champions Village . 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. SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE SUBDIVIDER. The Subdivider 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 Subdivider 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 Subdivider shall construct storm water retention ponds to be contained in Outlot lin the Final Plat of The Reserve at Champions Village. The Subdivider shall as - built the finish grade of the ponds and provide the as-built plans to the City and Association. The Subdivider shall also provide a bench mark at each pond to be illustrated on the as- built drawings. Reserve at champions Village Slormwaler Management Plan Page 2 DRAFT July 19.2001 4. The Subdivider upon completion of the above referenced improvements convey by final plat and deed restriction, the improvements to the 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 Subdivider which are outside of City owned right of way are the responsibility of the Subdivider and Association. 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 Big Muskego Lake, and the City and the DNR has established certain requirements for retention ponds and storm water management within the Final Plat the Reserve at Champions Village, to minimize flooding and sediment. 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 Subdivider 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 all residential lots in the Reserve at Champions Village, 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 duties and responsibilties: 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 removed prior to draw down. Reserve at Champions Village Stormwater Management Plan DRAFI July 19.2001 Page 3 0 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 Association according to Section 3. SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE CHAMPIONS VILLAGE MAINTENANCE ASSOCIATION. An incorporated association of the owners of all residential parcels in the Reserve at Champions Village has been created for the purposes of managing and controlling common areas including the out lot which contains the storm water retention pond. 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. 0 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. 3. The Association shall be responsible for water quality in the storm water retention pond including removal of weeds and algae control. 0 4. Upon notification to 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 or special charge against all parcels within the Reserve at Champions Village, collected with any other taxes levied thereon for the year in which the work is completed. Approved by the Public Works Committee on ,2001 Drafted by Brian D. Turk, Director of Planning PUBLIC IMPROVEMENT COST BREAKDOWN I CHAMPIONS VILLAGE- THE RESERVE ' 0 #I ROADCONSTRUCTION 0 a. Excavation to subgrade b. Stone base material c. Bituminous base course pavement d. Bituminous surface course pavement e. Concrete pavement f. Other g. Engineering Inspections #2 SITE GRADING-LANDSCAPING a. Lot grading b. Drainage ditch construction c. Retention pond construction d. Tree & shrub plantings e. Landscaping as specified by City f. Erosion control g. Engineering Inspections #3 TOPSOIL, SEEDlNGlSODDING a. Road ditch area b. Terrace areas - in ROW c. Drainage ditches d. Retention ponds e. Areas as specified by City f. Engineering Inspections g. Other (Golf Course Restoration) #4 CONCRETE IMPROVEMENTS a. Curb & Gutter b. Blvd.Araffic islands c. Engineering Inspections d. Other (Interim Outlets) #5 SANITARY SEWER SYSTEM a. Mains,risers & Manholes b. Laterals c. Dumping station &Generator d. Force main e. Grinder pumps f. Engineering Inspections g. Other #6 WATER MAIN SYSTEM a. Mains, valves & manholes b. Hydrants & leads Beg. Bal AD]. BAL. $21,500.00 $16,000.00 $2 1,000.00 $10.500.00 $0.00 $0.00 $2 1,500.00 $16.000.00 $2 I .ooo.oo $10.500.00 $0.00 $0.00 $73,000.00 $4,000.00 $0.00 $73,000.00 $4,000.00 $63,500.00 $63.500.00 $0.00 $0.00 $0.00 $0.00 $10,000.00 $0.00 $10.000.00 $0.00 $4,000.00 $4,000.00 $80,500.00 $3,000.00 $0.00 $80.500.00 $3,000.00 $l2.000.00 $0.00 $0.00 $0.00 $5.000.00 $3.000.00 $12,000.00 $0.00 $0.00 $0.00 $5,000.00 $3,000.00 $6,000.00 $6,000.00 $26,000.00 $0.00 $26,000.00 $15,000.00 $0.00 $2,500.00 $15.000.00 $0.00 $2.500.00 $2.500.00 $2.500.00 $20.000.00 $0.00 $20.000.00 Beg. Bal AD]. BAL. $105.000.00 $105,000.00 $12,000.00 $12.000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,000.00 $0.00 $8,000.00 $0.00 $125,000.00 $0.00 $125.000.00 $38.500.00 $7,000.00 $38,500.00 $7.000.00 Page 1 of 2 PUBLIC IMPROVEMENT COST BREAKDOWN CHAMPIONS VILLAGE- THE RESERVE c. Water lateral d. Well & pumphouse e. Other (Conc. Buttress w/air vent) e. Engineering Inspections Beg. Bal ADJ. BAL. $10,500.00 $10,500.00 $350.00 $0.00 $0.00 $350.00 $6,000.00 $6,000.00 $62,350.00 $0.00 $62.350.00 #7 STORM SEWER SYSTEM a. Mains & manholes $36,500.00 $36,500.00 b. Catch basins & leads $7.500.00 $7.500.00 c. Culverts $0.00 $0.00 d. Drain tile $2,800.00 $2,800.00 e. Headwalls/discharge struclures $0.00 $0.00 f. Engineering Inspections $4,000.00 $4,000.00 g. Other $750.00 $750.00 $5 I.550.00 $0.00 $51.550.00 #8 SPECIAUMISC IMPROVEMENTS AND RETAINAGE a. Street lights $0.00 $0.00 b. Street signs $500.00 $500.00 c. Signs as specified by City $0.00 $0.00 d. Erosion Control $20,000.00 $20,000.00 e. Other #9 FEES a. Citv administration b. Eng. inspections (req for all LOC) c. Engineering as built drawings d. Legal e. Land acquisition f. Other $0.00 $0.00 $20,500.00 $0.00 $20,500.00 $8.000.00 $8,000.00 $0.00 $0.00 $6,000.00 $6,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $14,000.00 $0.00 $14.000.00 TOTAL PROJECT ESTIMATE $472,900.00 $472,900.00 LETTER OFCREDIT AMOUNT Engineering**Total engineering Costs included in total Project Estimate** $36,500.00 Page 2 of 2 DRAFT August 15,2001 IRREVOCABLE STANDBY LETTER OF CREDIT NO. DC2962 Amount: USD 472.900.00 BENEFICIARY APPLICANT City of Muskego The Villages at Muskego Lakes Partnership P.O. Box 749 622 N. Water Street, #200 W 182 S8200 Racine Ave. Milwaukee, WI 53202 Muskego, WI53150 Dear GentlemadMa’am: We hereby issue this Irrevocable Standby Letter ofcredit No. DC2962 in your favor which is available by beneficiary’s drafl(s) at sight drawn on Associated Bank N.A. Each draft accompanying documents must state “Drawn under Associated Bank N.A., Letter of Credit No. DC2962. This credit is to provide a guarantee to the City ofMuskego for the performance of Applicant obligations under that certain agreement dated between the City of Muskego and Applicant. DRAFTS ARE TO BE ACCOMPANIED BY: 0 0 A statement signed by the Mayor of the City ofMuskego stating that Applicant has failed to complete the construction of subdivision improvements in accordance with said Agreement or otherwise comply with the obligations of the Agreement. Said statement shall set forth the estimated amount necessary for the City of Muskego to complete such improvements or otherwise comply with the obligations of the Agreement. This credit will terminate on the i5* day ofNovember, 2002 provided, however, Associated Bank N.A. shall give written notice to the beneficiary of its intention to’ Iz terminate this standby credit at ninety (90) days prior to the 19’ day otXGember, 2002: Mer said date, this letter of credit can only terminate upon ninety (90) days written notice to the beneficiary. 401 E. Kilbourn Ave. Milwaukee, WI 53202 414~271-1786 Page 2 DC2962 It is hereby agreed by all parties hereto that the reference to “Agreement” is for identification purposes only and such reference shall not be construed in any manner to require Associated Bank N.A. to inquire into its terms and obligations. We engage 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 payments effected by us and/or for cancellation. Associated Bank N.A. RESOLUTION #P.C. 102-2001 0 APPROVAL OF A FINAL PLAT FOR THE RESERVE AT CHAMPIONS VILLAGE SUBDIVISION, AMENDMENT TO THE 2010 COMPREHENSIVE PLAN, AND FOR VILLAGES AT MUSKEG0 LAKES PARTNERSHIP LOCATED IN THE NE YI AND NW YI OF SECTION 25 (TAX KEY NO 2258.996.002, 2257.016, AND 2257.017) WHEREAS, On July 5, 2001 a preliminary plat was submitted by Jeffrey Barczak for the Reserve at Champions Village Subdivision of a property located in the NE YI and NW '/4 of Section 25, and WHEREAS, Said plat consists of 17 proposed single family residential parcel and two outlots, and encompasses unplatted lands previously approved by the City of Muskego as Muirfield Village, and lots 16 and 17 of the plat of Champions Village of Country Club Villages, and WHEREAS, Said property is currently zoned A - Agricultural District, and WHEREAS, Said property has been previously approved to be rezoned, subject to recording the final plat of Muirfield Village, to RSA / OPD Attached Single Family Residence with Planned Development Overlay District, and WHEREAS, By Resolution #PC 202a-2000 the Plan Commission approved a Preliminary Plat of the Reserve at Champions Village, determined said plat to be a substantial change to the approved Planned Development District, and conceptually recommended rezoning to RS-YOPD Suburban Residence District with Planned Development Overlay District, and WHEREAS, By Resolution #236-2000 the Common Council determined said plat to be a substantial change to the approved Planned Development District, and called for a public hearing in conjunction with the final plat and rezoning petition for The Reserve at Champions Village, and WHEREAS, By Resolution #247-2000 the Common Council approved the Preliminary Plat for The Reserve at Champions Village, and WHEREAS, Said property is proposed to be zoned RS-YOPD Suburban Residence District with Planned Development Overlay zoning, requiring a minimum lot size of 12,500 square feet and an average minimum width of 80 feet, and said lots appear to meet said minimum zoning requirements, and WHEREAS, Setbacks and offsets are proposed to be 30 feet for front (street) yards, rear yards, and the westerly side yards of parcels 1 and 17, and 10 feet for all other sides, except where encumbered by easements of greater than 10 feet, the greater distance shall apply, and RECOMMENDATION TO COMMON COUNCIL TO REZONE TO RS-YOPD, e B WHEREAS, The 2010 Comprehensive Plan depicts this area for medium density residential development with 3.0 to 4.4 dwelling units per net acre, and such land b uses and density are substantially lower than the adopted Plan and approved concept plan of the Villages at Muskego Lakes Planned Development District, and WHEREAS, Said parcels will be serviced by City sewer and a private water system, and WHEREAS, Wetlands are present on the parcel, and have been field delineated by the Southeastern Wisconsin Regional Planning Commission and depicted on the Final Plat submittal, and WHEREAS, The proposed plat will be required to manage stormwater as required by Chapter 34 of the Municipal Code, and the location of stormwater detention within an outlot is recommended by the Plan Commission, and WHEREAS, Soil borings are required to be completed concurrent with preliminary platting, and logs have been provided. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 17 Muskego Lakes Partnership, located in the NE % and NW % of Section 25 subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14 of the Land Division Ordinance and outstanding assessments if applicable, establishment of a Subdivider's Agreement and Letter of Credit. I lot Final Plat for the Reserve at Champions Village Subdivision by Villages at '0 BE IT FURTHER RESOLVED, That a digital *.DXF file, *.DGN file, or 'DWG file of this final plat be submitted to the City prior to City signatures being placed upon the CSM (3-1/2" diskette) and all information transmitted on the diskettes shall be tied to and referenced to State Plane Coordinates NGVD 1929 or others approved by the City Engineer BE IT FURTHER RESOLVED, That all stormwater management appurtenances shall be located within outlots to be owned by pro-rata share of the lot owners and all maintenance shall be the responsibility of an incorporated home owners association. Maintenance of all such facilities shall be addressed by a Stormwater Management Plan and Maintenance Agreement to be developed by the Public Works Committee. BE IT FURTHER RESOLVED, That the Plan Commission recommends to Common Council the rezoning of the property to RS910PD concurrent with the approval of a Final Plat for Reserve at Champions Village. BE IT FURTHER RESOLVED, That the Plan Commission recommends to Common Council the establishment of setbacks and offsets as depicted on the Final Plat. Plan Commission City of Muskego Adopted: July 17, 2001 Defeated: Deferred: Introduced: July 17, 2001 ATEST. Sandi Asti, Recording Secretary