Loading...
CCR2002164COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #164-2002 0 APPROVAL OF FINAL PLAT, SUBDIVIDERS AGREEMENT AND LElTER OF CREDIT Nature Estates Subdivision WHEREAS, A Final Plat was submitted on May 24, 2002 for Nature Estates Subdivision located in the SE 'A of Section 16 to create 15 residential parcels and one outlot; and WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 080- 2002; and WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for Nature Estates Subdivision and the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the Final Plat for Nature Estates Subdivision, subject to approval of the City Engineer and all objecting and approving agencies, receipt of all fees as provided in Section 18.14 of the Land Division Ordinance, any special assessments which may be due, and the conditions outlined in Resolution #P.C. 080-2002. BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for Nature 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. 0 BE IT FURTHER RESOLVED That a digital '.DXF file, *.DGN file, or '.DWG file of this final plat all information transmitted on the diskettes shall be tied to and referenced to State Plane be submitted to the City prior to City signatures being placed upon the plat (3-112" diskette) and Coordinates NGVD 1929 or others approved by the City Engineer BE IT FURTHER RESOLVED That Street Tree and Landscape Plans are required to be approved by the Plan Commission prior to release of Occupancy Permits for any structure, including model homes, as may be permitted by the Common Council from time to time. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City. DATEDTHIS 13th DAY OF Auaust , 2002. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Petfalski Ald. David J. Sanders Aid. Nancy C. Salentine 0 adopted by the Common Council of the City of Muskego. This is to certify that this is a true and accurate copy of Resolution #164-2002 which was w@-"- 8/02jmb NATURE ESTATES SUBDIVIDER'S AGREEMENT This Agreement, made this day of ,2002 by and between Pegarl LLP (hereinafter the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City"). 0 WITNESSETH WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Nature Estates Subdivision (the "Subdivision"), described as: Being part of the Southeast '/4 and the Southwest lh of the Southeast % of Section 16, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. bounded and described as follows: Commencing at the Southeast corner of said Southeast ?A of Section 16; thence S 88"04'55" W, along the South line of said Southeast ?A of Section 16, 1325.44 feet to place of beginning of lands to be described; thence continuing S 88"04'55" W, along said South line, 546.00 feet; thence N OO"4626" W, 847.48 feet; thence N 22"50'35" W, 168.98 feet to the center line of Woods Road; thence N 41"3914" E, along said center line 168.71 feet to the arc of a curve; thence Southerly 123.35 feet along the arc of a curve whose center is to the Southwest, whose radius is 275.04 feet and whose chord bears S 35" 49 28.5 E, 122.32 feet; thence S 22"5835" E, 41.90 feet to the arc of a curve; thence Southeasterly 28.32 feet along the arc of a curve whose center is to the Northeast, whose radius is 123.63 feet, and whose chord bears S 29"32'20.E, 28.26 feet; thence N 66"3649 E, 493.88 feet; thence S OO"4626" E, 244.22 feet to the arc of a curve; thence Westerly 61 17 feet along the arc of a curve whose center is to the South, whose radius is 138.49 feet; and whose chord bears S 77"01'40.5" W, 60.67 feet; thence S OO"4335" E, 886.86 feet to the place of beginning, containing 14.64 acres more or less. the Final Plat(s) 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 Nature Estates 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: Page 2 Nalure Estates Subdividers Agreement SECTION I : PLAmNG AND PHASING 1 This Subdividers Agreement addresses the development of 15 parcels platted for single family residential use, and one outlot, all being under the provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RS-1 Suburban Residence Zoning District. a) Single family parcels shall conform to the zoning requirements of RS-1 Suburban Residence District, being a minimum of 30,000 square feet in area, 120 feet in average lot width, having street yard setbacks of 40 feet, side yard offsets of 20 feet, and rear yard offsets of 20 feet. b) Outlot 1 shall be maintained for stormwater management purposes, and shall be owned and maintained by an incorporated Owners Association established by Subdivider, 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 six (6) months of 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 six (6) months of approval by all approving authorities and waiver of objection by all objecting authorities, the Subdivider shall cause the final plat of Nature Estates 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. 3. Subdivider and City agree that final platting and the installation of public and private improvements described in Section II shall occur in one phase. SECTION II : 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 January 28, 2002, as approved by the Director of Engineering and Building and Public Works Committee as indicated in the plans and specifications dated September 17, 2001 as amended 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. Page 3 Nature Estates Subdividers Agreement 3. Reimburse the City for the cost of all street signs, street lights and poles, 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 January 28, 2002 for storm and surface water drainage throughout the entire Subdivision, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance with the plans and specifications dated September 17. 200 as amended and on file in the City Building and Engineering Department. The City 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. 2. 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 January 28, 2002 all in accordance with the plans and specifications dated September 17, 2001 as amended and on file in the City Building and Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. 4. Execute and record a Maintenance Agreement in the form attached hereto as approved by the Director of Engineering and Building and Public Works Committee on January 28, 2002 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 0 drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement. C. SANITARY SEWER: 1 Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire 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 January 21, 2002 all in accordance with the plans, specifications and drawings dated September 17, 2001 as amended and on file in the City Building and Engineering Department. 2. 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. 3. 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. D. WATER MAIN: 1 Construct, install, furnish, and provide without cost to City, a complete system of water supply and distribution, including ofl site improvements necessary to provide such system, throughout the entire Subdivision, as approved by the Director of Engineering and Building and Public Utilities Committee on January 21, 2002 and in accordance with the plans and specifications dated September 17, 2001 as amended and on file in the City Building and Engineering Department. 0 Page 4 Nature EsLales Subdividers Agreement 2. Apply for all necessary permits to use water from hydrants for construction permits, as may be required by the City. 3. Complete to the satisfaction of the City any punch list items concerning the water system prior to connection of any building to the water system. E. LANDSCAPING: 1 Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the Subdivision improvements. Replace trees as required by the Land Division Ordinance, in accordance with plans to be approved by the Plan Commission. 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. 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 dated March 28.2000 and adopted by the Common Council on July 11,2000 and in accordance with plans to be approved by the Planning Director and Plan Commission and kept on file in the City Building and Engineering Department. F~ EROSION CONTROL MEASURES: 1 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 January 28, 2002 in accordance with the plans and specifications dated September 17, 2001 as amended and 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 January 28, 2002 in accordance with the plans and specifications dated September 17, 2001 as amended , 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 Chapter 29 of the Municipal Code. 4. Insure that each individual lot owner obtains a separate erosion control permit at any time that any vegetation is disturbed, and insure that each individual lot owner is responsible for controlling erosion on their subject lot. 5. Maintain Six Thousand Five Hundred Dollars ($6,500.00) 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 Six Thousand Five Hundred Dollar ($6,500.00) portion of the Letter of Credit is allowable upon verification that fifty percent (50%) of disturbed areas are vegetated. If, upon a written notification by the Director of Engineering and Building or Building Inspection Department of non-compliance of Chapter 29, the terms are not corrected within five (5) Page 5 Nature Estates Subdividers Agreement days, the City may utilize the Six Thousand Five Hundred Dollars ($6,500.00) 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 (I, except for final surface course of pavement as described herein, 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 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 is not completed within twelve (12) months of the date of this Agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as the final surface course of pavement is completed. If the City 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 : AS-BUILT CONSTRUCTION PLANS Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to Ci!y's Geographic Information System, and City may utilize Subdivider's Developers Deposit account for all charges related hereto. SECTION V : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS 0 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, watermains, 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 receptive to the dedications of improvements, except private storm water drainage facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities have been completed and approved by the City Engineers and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any improvements which do not fully comply with City standards and specifications. Claims of financial hardship by the Subdivider shall not be considered a reason for the City to accept substandard materials or work. 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 Page 6 Nature Estates Subdividers Agreement SECTION VI: INSPECTION AND ADMINISTRATIONS FEES Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the improvements covered by Section II, 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 VI1 : MISCELLANEOUS REQUIREMENTS The Subdivider shall: 1 Easements: Provide any easements on Subdivider's land deeded necessary by the Director of Engineering and Building prior to the Final Plat being signed, provided such easements are along. lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the applicable side yard and offset distances required by the zoning for such lots. 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 3. MuniciDal 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. SECTION Vlll : GUARANTEES: The Subdivider shall guarantee the public roads and streets, sanitary sewers, watermains, surface water drainage improvements and all other improvements described in Section 11, 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 properly resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION IX : GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this agreement as stated above by any party or parties. The Subdivider shall also name as additional insured on its general liability insurance the City, its officers, agents, and employees, and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request by the City. Page 7 Nature Estales Subdividers Agreement 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. 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 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. 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 Page 8 Nature Eslales Subdividers Agreement 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. 0 SECTION X : AGREEMENT FOR BENEFIT OF PURCHASERS: The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work on the attached Exhibits. SECTION XI : CONSTRUCTION PERMITS. ETC .... The City shall, within its authority: 1 Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Subdivider to construct the improvements in accordance with the plans and specifications called for by this agreement, upon 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 4. Make available to the Subdivider or their nominee successors or assigns, permits for the a necessary from other authorities having jurisdiction in the premises. construction of single family residences subject to the provision of Section XII. SECTION XI1 : 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 2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and Building, and 3. Certification is provided to the Director of Engineering and Building by a Registered Land 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 5. Street Tree Plans and required Landscaping Plans have been submitted and approved by the Plan Commission. Page 9 Nalure Eslales Subdlviders Agreement SECTION XIII. FINANCIAL GUARANTEES: 0 shall file with the City a Letter of Credit setting forth terms and conditions approved by the City 1 LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider Attorney and Finance Committee on August 13, 2002 in the amount of $456,812.50 as a guarantee that the required plans, improvements, and improvements will be completed by the Subdivider and his subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied. a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter of Credit, but attributable to the subject development shall be provided to the City. b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Director of Engineering and Building with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost 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. 2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $5000.00 balance in the Developer's Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. 3. PRESERVATION OF ASSESSMENT RIGHTS: 0 a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement upon the Subdivision. This provision constitutes the Subdivider's consent to the installation by the City of all improvements required by this Agreement and constitutes the Subdivider's waiver of notice and consent to all special assessment proceedings as described in Sec. 66.60 (le), 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. SECTION XVI . AMENDMENTS AND ASSIGNMENT: Subdivider shall not assign this Agreement without the written consent of the City. The City and the 0 the Subdivider Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and Page 10 Nature Estates Subdividers Agreement 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 counterparls on the date and year first 0 written above. A. Subdivider: Pegarl LLP By: STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of ,2002, and to me known to be the person who executed the foregoing instrument and acknowledged the same. 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. B. CITY OF MUSKEGO: BY: Mark A. Slocomb. Mayor D" Dl. Jean K. Marenda, City ClerkfTreasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of , 2002, the above named Mark A. Slocomb, Mayor, and Jean K. Marenda. City ClerWreasurer 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 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 13Ih day of August, 2002. Notary Public-State of Wisconsin My Commission Expires Page 11 Nature Estates Subdividers Agreement CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Nature Estates Subdivision, Muskego, Wisconsin, as entered into on the day of 2002, by and between and and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the 13Ih day of August, 2002. BY THE COMMON COUNCIL Jean K. Marenda, City Clerkflreasurer SUBSCRIBED AND SWORN TO BEFORE ME This day ,2002. My commission expires This instrument drafted by Brian Turk, Director of Planning City of Muskego PO Box 749 Muskego, WI 53150 NATURE ESTATES RETENTION POND MAINTENANCE AGREEMENT This Agreement is made and entered into this day of , 2002, by and between Pegarl LLP, (hereinafter referred to as "Subdivider"), the incorporated Nature Estates Homeowners Association, Inc. (hereinafter 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 Subdivider has submitted for approval by the City a Final Plat for Nature Estates Subdivision (the "Subdivision"), consisting of Parcels 1-15 inclusive and Outlot 1, and described as: Being part of the Southeast % and the Southwest % of the Southeast % of Section 16, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. bounded and described as follows: Commencing at the Southeast corner of said Southeast % of Section 16; thence S 88"04'55 W, along the South line of said Southeast % of Section 16, 1325.44 feet to place of beginning of lands to be described; thence continuing S 88"04'55 W, along said South line, 546.00 feet; thence N OO"4626 W, 847.48 feet; thence N 22"5035" W, 168.98 feet to the center line of Woods Road; thence N 41"3914" E, along said center line 168.71 feet to the arc of a curve; thence Southerly 123.35 feet along the arc of a curve whose center is to the Southwest, whose radius is 275.04 feet and whose chord bears S 35" 49' 28.5" E, 122.32 feet; thence S 22"58'35 E, 41.90 feet to the arc of a curve; thence Southeasterly 28.32 feet along the arc of a curve whose center is to the 29"3220 E, 28.26 feet; thence N 66"3649 E, 493.88 feet; thence S Northeast, whose radius is 123.63 feet, and whose chord bears S OO"4626 E, 244.22 feet to the arc of a curve; thence Westerly 61 17 feet along the arc of a curve whose center is to the South, whose radius is 138.49 feet; and whose chord bears S 77"01'40.5" W, 60.67 feet; thence S OO"43'35 E, 886.86 feet to the place of beginning, containing 14.64 acres more or less. Hereinafter referred to as the "Subdivision", and WHEREAS, the City has approved the plat of Nature Estates and the construction of storm water retention ponds within outlots 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 Nature Estates Subdivision; and WHEREAS, Nature Estates is directly tributary to Big Muskego Lake 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 Nature Estates Subdivision to 0 e Nature Estates Retention Pond Maintenance Agreement Page 2 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 Subdivider has established Nature Estates Homeowner's Association Inc. consisting of the owners of Parcels 1-15 inclusive, hereinafter referred to as the "Association", which shall become the owner of Outlot 1 upon recording of the Final Plat and the Nature Estates Deed Restrictions. 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 dated requirements and with this agreement and the storm water management plan and on file in the offices of the City of Muskego Building Department as required by the City of Muskego Storm Water Management ordinance: NOW THEREFORE, in consideration of the mutual covenants and agreements IT IS AGREED, as follows: 1 The Association, unless otherwise provided for in the storm water management plan, shall be responsible for maintenance of the storm water management measures. 2. The Association shall maintain the storm water management measures in accordance with the approved storm water management plan dated January 28, 2002 and on file in the offices of the City of Muskego Building Department as required by the City of Muskego Storm water Management Ordinance. 0 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 charge or special assessment against Lots 1-15 on a pro-rata basis and collected with any other taxes levied thereon for the year in which the work is completed. Nature Estates Retention Pond Maintenance Agreement Page 3 7 The Subdivider shall deposit in a segregated account with the City three thousand dollars ($3,000.00) 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 Nature Estates Homeowner's Association in an amount sufficient to return the account balance to $600.00. Said billing shall occur prior to November 1 of each calendar year, to cover the costs associated with the pond draw downs in the following year 8. Any annual costs in excess of the $600.00 account balance, and which are associated with the retention pond draw downs, shall be billed to the Association. Costs not paid shall be placed in equal amounts on the tax bills for the 20 lots. 9. This document shall be recorded with the Waukesha County Register of Oeeds and shall be a covenant running with the land and binding upon all owners of said land. IN WITNESS WHEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. SUBDIVIDER : PEGARL LLP By: By: STATE OF WISC0NSIN)SS WAUKESHA COUNTY ) PERSONALLY came before me this ___ day of ,2002 foregoing instrument and acknowledged the same. and , to me known to be the persons who executed the Notary Public, Waukesha County, Wisconsin My commission expires Nature Estates Retention Pond Maintenance Agreement Page 4 IN WITNESS WHEREOF, the incorporated Nature Estates Home Owners Association 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. NATURE ESTATES HOME OWNERS ASSOCIATION, INC. By: By: STATE OF WlSCONSlNjSS WAUKESHA COUNTY ) PERSONALLY came before me this ~ day of ,2002 foregoing instrument and acknowledged the same. and, to me known to be the persons who executed the Notary Public, Waukesha County, Wisconsin My commission expires Nature Estates Retention Pond Maintenance Agreement Page 5 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 C. CITY OF MUSKEG0 By: Mark A. Slocomb, Mayor By: Jean K. Marenda, City Clerwreasurer STATE OF WISCONSINJSS WAUKESHA COUNTY) Personally came before me this - day of ,2002, the above named Mark A. Slocornb, Mayor and Jean Marenda, City Clerrnreasurer, 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 ClerlUTreasurer 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 13Ih day of August, 2002. Notary Public, Waukesha County, Wisconsin My commission expires a Nature Estates Page 6 Retention Pond Maintenance Agreement CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Retention Pond Maintenance Agreement for Nature Estates Subdivision, Muskego, Wisconsin, as entered into on this day of , 2002 by and between Pegarl LLP, the incorporated Nature Estates Home Owners Association, and the City of Muske 0, pursuant to the authorization by the Common Council from their meeting on the 13 day of August, 2002. 2 BY THE COMMON COUNCIL Jean K. Marenda, CMC City GlerklTreasurer SUBSCRIBED AND SWORN TO BEFORE ME this day of ,2002. 0 Notary Public, Waukesha County, Wisconsin My commission expires NATURE ESTATES 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 Nature Estates, 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 Nature Estates Homeowner’s Association, Inc. regarding the management of storm water in Nature Estates Subdivision. 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 SUBDIVIDER. 0 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 the Outlots in Nature Estates. The Subdivider shall as-built the finish grade of the ponds and provide the as-built plans to the City and Nature Estates Homeowner’s Association. The Subdivider shall also provide a bench mark at each pond to be illustrated on the as-built drawings. 4. The Subdivider upon completion of the above referenced improvements convey by final plat and deed restrictions the improvements to Nature Estates Homeowner’s Association, who shall be responsible for carrying out the storm water measures on an ongoing basis expressed in this Pan. It is understood that the ownership and maintenance of the storm water 0 Nature Estates Stormwater Management Plan Page 2 management improvements including storm sewers by Nature Estates 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 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 Nature Estates Subdivision 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 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 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 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. Draw down of all retention ponds shall occur annually within the first two weeks of November. Draw down may only occur after determination that sediment build-up will not be transported through the 4 discharge pipe. If sediment build-up has occurred above the invert elevation of the discharge pipe it must be removed prior to draw down. Draw down gate valves shall be closed within one week of commencement of the draw down. 0 2. Sediment build-up in ponds shall be determined on an annual basis and shall be recorded in a log. Removal of sediment shall be administered by the Homeowner’s Association according to Section 3. Nature Estates Page 3 Stormwater Management Plan SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE NATURE ESTATES HOMEOWNER’S ASSOCIATION. An incorporated association of the owners of all single family lots in Nature Estates 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 Nature Estates Homeowner’s 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. 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. 3. The Association shall be responsible for water quality in the storm water retention ponds including removal of weeds and algae control. 4. Upon notification of the Association, by the City of Muskego, of maintenance problems which require correction, the specified corrective actions shall be taken within a reasonable time frame as set by the City of Muskego. 5. The City of Muskego is authorized to perform the corrective actions identified in the inspection report if the Association does not make the required corrections in the specified time period. The costs and expenses shall be billed to the Association, and if unpaid, shall be entered on the tax roll as a special assessment or special charge against Parcels 1-15 inclusive of Nature Estates, collected with any other taxes levied thereon for the year in which the work is completed. THIS INSTRUMENT DRAFTED BY. BRIAN D TURK CITY OF MUSKEG0 PLANNING DEPARTMENT W182 S8200 RACINE AVENUE MUSKEG0 WI 53150 0 0 Approved by Public Works Committee Janualy 28.2002 PUBLIC IMPROVEMENT COST BREAKDOWN NATURE ESTATES LElTER OF CREDIT #5 SANITARY SEWER SYSTEM a. Mains.risers & Manholes b. Laterals c. Dumping station & Generator d. Force main e. Grinder pumps &chamber-indiv dwelling f. Engineering Inspections #6 WATER MAIN SYSTEM a. Mains. valves & manholes b. Hydrants & leads c. Water services d. Well & pumphouse e. Engineering Inspections #7 STORM SEWER SYSTEM a. Mains & manholes b. Catch basins & leads c. Culverts d. Sump Lines e. Headwallddischarge structures a f. Engineering Inspections #8 SPECIAVMISC IMPROVEMENTS a. Street lights b. Street signs c. Signs as specified by City d. Erosion ControlNegetation Rerainage #9 EES a. City administration b. Eng. inspections (req for all LOC) c. Engineering-as built drawings for wls d. Legal e. Land acquisition TOTAL PROJECT ESTIMATE LETTER OF CREDIT AMOUNT Engineering**Total engineering Costs included in total Project Estimate** 7/23/02 ADJ. BAL. $46.744.00 $5,200.00 $0.00 $10,500.00 $0.00 $46,744.00 $5,200.00 60.00 $ I0,500.00 $0.00 $67,544.00 $0.00 $67.544.00 $5,100.00 $5,100.00 $48.000.00 $10,150.00 $9.800.00 $0.00 $48.000.00 $1 0,150.00 $9,800.00 $0.00 $5.000.00 $72.950.00 .~ ~~ $5.000.00 $0.00 $72.950.00 $29.964.00 $5,500.00 54,400.00 $12.566.50 $I.500.00 $29,964.00 $5.500.00 54.400.00 $12,566.50 $1 S00.00 $6.200.00 $60.130.50 $0.00 $6[200.00 $60.130.50 $3.500.00 $3.500.00 $1,500.00 $1,500.00 $0.00 $0.00 $35,000.00 $0.00 $35,000.00 $30.000.00 $30,000.00 $3.500.00 $0.00 $1 2,600.00 $2.000.00 $3.500.00 $0.00 $12,600.00 $2.000.00 $0.00 $0.00 $18.100.00 $0.00 $18.100.00 $531,812.50 ($75,000.00) $456.812.50 $39,400.00 Page 2 of 2 PUBLIC IMPROVEMENT COST BREAKDOWN NATURE ESTATES LETTER OF CREDIT #I ROAD CONSTRUCTION a. Excavation to subgrade b. Stone base material c. Bituminous base course pavement d. Bituminous surface course pavement e. Concrete pavement f. Interm Inlets g. Engineering Inspections #2 SITE GRADING-LANDSCAPING a. Lot grading b. Drainage ditch construction c. Retention pond consmction d. Parking area construction-incl pavement e. Tree & shrub planrings f. Landscaping as specified by City g. Erosion control h. Engineering InSpections #3 TOPSOIL, SEEDINGISODDING a. Road ditch area b. Terrace areas - in ROW c. Drainage ditches d. Retention ponds e. Areas as specified by City f. Engineering Inspections #4 CONCRETE IMPROVEMENTS a. Curb & Gutter b. Sidewalk c. Blvd./traffic islands d. Ditch inverts e. Engineering Inspections 7/23/02 ADJ. BAL. $75.000.00 ($55.000.00) $20,000.00 $20.69 1 .OO $28.014.00 $20,691 .OO $13.041.00 $28.014.00 $0.00 $13.041.00 $2,750.00 $0.00 $3,000.00 $2,750.00 $3,000.00 $142.496.00 ($55.000.00) $87,496.00 $40,000.00 ($20,000.00) $20.000.00 $0.00 $27,000.00 $0.00 $1 1,592.00 $0.00 $6.500.00 $0.00 $27.000.00 $0.00 $11.592.00 $0.00 $6.500.00 $2,000.00 $2,000.00 $87.092.00 ($20,000.00) $67,092.00 $15.000.00 $0.00 $0.00 $10.000.00 $0.00 $15.000.00 $0.00 $0.00 $10.000.00 $0.00 $27.500.00 $2,500.00 $2,500.00 $0.00 $27,500.00 $18,000.00 $18,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 $21.000.00 $0.00 $3.000.00 $21,000.00 Page 1 of 2 CITIZENS BANK Your community bank since 1892 IRREVOCABLE STANDBY DOCUMENTARY CREDIT CREDITNO. 02-171-991-79 AMOUNT: $456,812.50 DATE: Applicant: Pegarl, LLP S79 W20465 Tyler Dr, Muskego, WI 53150 Beneficiary: City of Muskego Post Office Box 749 W 182 S8200 Racine Ave Muskego WI 53 150-0749 Dear Sirs: We hereby issue this irrevocable documentary credit in your favor which is available by beneficiary’s draft(s) at sight drawn on the Citizens Bank of Mukwonago. Each Draft accompanying documents must state “Drawn Under the Citizens Bank of Mukwonago Documentary Credit No 02-171-991-79.” This Standby Credit is to provide a guarantee to the City of Muskego for the performance of Applicant obligations under that certain Agreement dated between the City of Muskego and Applicant. DRAFTS ARE TO BE ACCOMPANIED BY: A statement signed by the Mayor of the City of Muskego 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. Continued on Page Two (2), which is an integral part of this Standby Credit. Member FDIC 301 N. Rochester Street P.O. Box 223 Mukwonago, WI 53149 (262) 363-6500 Fax (262) 363-6515 Main Office LENOLR Big Bend Office (262) 662-3561 e Cenesee Office Branch Offices (262) 968-6500 Riverview Centre Office Vernon Office ax (262) 662-2418 Fax (262) 968-6505 Fax (262) 363-6405 (262) 363-6400 Fax (262) 662-4155 (262) 662-2727 Muskego Office East Troy Office Website New Berlin Office (414) 422-9200 Eagle Office (262) 642-6700 www.Citizenbank.com (262) 814-2660 (262) 594-6280 Fax (414) 422-9924 Fax (262) 642-6709 Fax (262) 814-2663 Fax (262) 594-6205 Page 2, an integral part of Standby Credit No. 02-171-991-79 SPECIAL CONDITIONS: This Standby Credit will terminate on the day of , provided, however, the Citizens Bank ofMukwonago shall give written notice to the Beneficiary of its intention to terminate this standby credit at least ninety (90) days prior to the day (90) days witten 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 shall not be construed in any manner to require the Citizens Bank of Mukwonago to inquire into its terms and obhgations. 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 payments effected by us andor for cancellation. of . Mer said date, this letter of credit can only terminate upon ninety Very Truly Yours, Citizens Bank of Mukwonago John Schmitz Vice President