CCR2003125.
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #125-2003
APPROVAL OF DEVELOPER'S AGREEMENT AND LETTER OF CREDIT
MRED (Residential/Moorland) ASSOCIATES
WHEREAS, A Developer's Agreement and Letter of Credit have been received from
MRED (Residential/Moorland) Associates for the residential development on Moorland
Road; and
WHEREAS, The Finance Committee has reviewed the documentation and has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Developer's Agreement and Letter of Credit, as attached, for MRED
(Residential/Moorland) Associates for the residential development on Moorland Road
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 the Mayor and Clerk-Treasurer are hereby
authorized to sign the documents in the name of the City, with any necessary technical
corrections to be made as requested by the City Attorney.
DATED THIS DAY OF Mav ,2003. 27th
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy C. Salentine
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #125-2003 which
was adopted by the Common Council of the City of Muskego.
cfj~K ìr7 n~ CI -Treasurer
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MRED (Moorland I Residential) Associates Developers Agreement
MRED (RESIDENTIAL I MOORLAND) ASSOCIATES. CITY OF MUSKEGO
. MRED PLANNED DEVELOPMENT DISTRICT - DEVELOPER'S AGREEMENT
This Agreement, made this
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day of , 2003 by and between MRED (Residential I Moorland)
Associates, A Wisconsin Limited Partnership, (the "Developer"), and the City of Muskego, a municipal
corporation of the State of Wisconsin, located in Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Developer has submitted constrúction and improvement plans for approval by the City a
Planned Development District (the "Property"), a part of the lands described as:
Lots One (1), and Two (2) of Certified Survey Map No. 9462, being a part of Lot Two (2) of
Certified Survey Map No. 9332 located in the SW y., of the SW y., of Section 2, and the NW y., of
the NW y., of Section 11, T5N R20E, City of Muskego, Waukesha County, Wisconsin, recorded in
the Register of Deeds for Waukesha County on November 15, 2002 in Volume 86 of Certified
Survey Maps at Pages 204-209, inclusive, ,as Document No. 2879710, and Lot Three (3) of
Certified Survey Map No. 9463, being a part of Lot One (1) of Certified Survey Map No. 9332
located in the SW y., of the SW y., of Section 2, T5N R20E, City of Muskego, Waukesha County,
Wisconsin, recorded in the Register of Deeds for Waukesha County on November 15, 2002 in
Volume 86 of Certified Survey Maps at Pages 210-214, inclusive, as Document No. 2879711,.
, and
. WHEREAS, Certified Survey Maps of which have been 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, the Common Council has approved Ordinance 1109, amending the Zoning Map and
Comprehensive Plan in accordance with the Developers petitioner for the Property; and
WHEREAS, Chapter 18 of the Municipal Code provides that as a condition of approval, the governing
body of the City rnay require that the Developer make and install certain public improvements
reasonably necessary for the Property and further, may require construction of said improvements
according to municipal specifications without cost to said municipality; and
WHEREAS, The City's Engineers, Public Works Committee, Public Utility Committee and Finance
Committee have duly approved, contingent of certain other approvals, Developer's plans and
specifications for Property improvements, and the City's Plan Commission and Common Council have
duly approved the Certified Survey Maps of the Property contingent in part upon the execution and
performance of this Agreement by the Developer.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows:
SECTION I : PLANNED DEVELOPMENT DISTRICT
1. The Planned Development District consists of:
a) Five (5) parcels for commercial use consistent with the B-3 I OPD General Business District with
Planned Development Overlay District requirements. Development of said parcels are addressed
by separate Agreement. -
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MRED (Moorland I Residential) Associates Developers Agreement
Commercial Parcels located east of Moorland Road are subject to a Reciprocal Easement
Aqreement for cross-access recorded at the Waukesha County Register of Deeds on February.
6,2003 as Document No. 2926012.
b) Three (3) parcels for 102 dwelling units (51 structures) of attached single family condominium
development consistent with the RSA I OPD Suburban Attached Residence District with Planned
Development Overlay District requirements. Said condominium shall be sUbject to Condominium
Plat review as required by Chapter 18 of the Municipal Code, and public hearings for
Determination of Substantial Change to the approved MRED Planned Development District.
The Condominium Plat shall include public cross access easements over all private streets.
2. Developer shall entirely at its expense:
I
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) Within six (6) months of approval of this Agreement by the Common Council, the Developer 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.
c) Place and install monuments required by State Statute or City Ordinance.
d) Reimburse the City for all costs incurred in association with City's grant of easements and.
dedications as described in Section 1 (3) of this Agreement.
3. City shall:
a) Grant by separate document a thirty (30) foot sanitary sewer easement along the east and north
property lines of Outlot 1 of CSM 9333, as necessary for the construction and maintenance of
sanitary sewers to serve the Property as described in Section III (D) of this Agreement.
b) Dedicate a 30 foot wide street right-of-way for Sandalwood Drive along the northerly line of Outlot
1 of CSM 9215, as necessary to provide street and utility access to the Property located west of
Moorland Road.
c) Grant by separate document a storm sewer and surface water conveyance easement on Outlot 1
of CSM 9333, as necessary for the construction and maintenance of sanitary sewers to serve the
Property as described in Section III (D) of this Agreement.
SECTION II : PHASING
1. Developer and City agree that the installation of public and private improvements described in
Section III shall occur in one phase.
SECTION III: IMPROVEMENTS
Developer shall entirely at its expense: .
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MRED (Moorland I Residential) Associates Developers Agreement
A. PUBLIC ROADS AND STREETS:
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1. Grade and improve Sandalwood Drive, Honevsuckle Lane and Rosewood Drive abutting the I
Property in accordance with the plans and specifications approved by the Public Works Committee
on January 27, 2003 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 on file with the Engineering and Building Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. No construction of public roads and streets may commence until all easements and Sandalwood
Drive rights-of-way required by Section I (3) of this Agreement have been secured by Developer,
recorded with the Waukesha County Register of Deeds, and evidence of same provided to the
Director of Engineering and Building.
B. PRIVATE ROADS AND STREETS:
.
1. Grade and improve Sandalwood Drive, Sandalwood Circle, Rosewood Drive north of Honevsuckle I Lane, Rosewood Circle, Honeysucl(le Lane, and Honeysuckle Circle in accordance with the plans
and specifications approved by the Public Works Committee on January 27, 2003 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 on file with the Engineering
and Building Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. No construction of private roads and streets may commence until all easements and Sandalwood
Drive rights-of-way required by Section I (3) of this Agreement have been secured by Developer,
recorded with the Waukesha County Register of Deeds, and evidence of same provided to the
Director of Engineering and Building.
C. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
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1, Construct, install, furnish and provide on site and off site facilities on the Property, on City owned
Outlot 1 of CSM 9333, and within Sandalwood Drive right-of-way as approved by the Director of
Engineering and Building and Public Works Committee on January 27, 2003 for storm and surface
water drainage throughout the entire Property, 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 on file
in the Building and Engineering Department. The City retains the right to require the Developer to
install at its cost additional storm drainage and erosion control measures prior to acceptance of
improvements by the City of Muskego,
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MRED (Moorland I Residential) Associates Developers Agreement
2. Grade and improve the Property and City owned Outlot 1 of CSM 9333 in conformance with the
Master Grading Plan as approved by the Director of Engineering and Building and Public Works
Committee on January 27,2003 all in accordance with the plans and specifications 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. Developer represents that they have recorded a Declaration of Storm Water Drainaqe Easement and
Maintenance Aqreement for Commercial Parcels and Condominium Parcels located East of
Moorland Road prior to recording this Agreement.
5. Execute and record a Retention Pond ~aintenance Agreement #1 and Stormwater Management
Plan #1 (Lands East of Moorland Road) in the form attached hereto. The document shall be
incorporated herein and made part hereof, as approved by the Director of Engineering and Building
and Public Works Committee on April 28, 2003 relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of condominium units in the Property.
6. Execute and record a Retention Pond Maintenance Agreement #2 and Stormwater Management
Plan #2 (Lands West of Moorland Road) in the form attached hereto. The document shall be
incorporated herein and made part hereof, as approved by the Director of Engineering and Building
and Public Works Committee on April 28, 2003 relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of condominium units in the Property.
7. 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 Retention Pond
Maintenance Agreements. .
D. SANITARY SEWER:
1. Construct, install, fumish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Property, within Sandalwood Drive and on City owned Outlot 1 of CSM
9333, as approved by the Director of Engineering and Building and the Public Utilities Committee on
January 20, 2003 all in accordance with the plans, specifications 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 conceming 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 the City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
4. No construction of sanitary sewers may commence until all easements and rights-of-way required by
Section I (3) of this Agreement have been secured by Developer, recorded with the Waukesha
County Register of Deeds, and evidence of same provided to the Director of Engineering and
Building.
.
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MRED (Moorland I Residential) Associates Developers Agreement
E. WATER MAIN
. 1. Construct, install, furnish, and provide without cost to City, a cornplete systern of water supply and
distribution, throughout the Property, within Sandalwood Drive and on City owned Outlot 1 of CSM
9333, as approved by the Director of Engineering and Building and Public Utilities Cornmittee
January 20, 2003 and in accordance with the plans and specifications on file in the City Building and
Engineering Departrnent.
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 iterns concerning the water system prior to
connection of any building to the water systern. .
F. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the rnaximum extent possible, when
installing the improvements. Replace trees 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 on Sandalwood Drive, Sandalwood Circle, Rosewood Drive, Rosewood Circle,
Honeysuckle Lane, and Honeysuckle Circle 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 prior to
the release of occupancy permits.
4. Plant dense landscaping within the 30 foot landscape easements on the Property and abutting
Moorland Road and Janesville Road within the Planned Development District in accordance with
plans to be approved by the City Forester / Conservation Coordinator and Plan Commission prior to
the release of occupancy permits.
G. 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 27, 2003 in accordance with the plans and specifications on file in the Building and
Engineering Department.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control
Devices or measures on the Property, its abutting public rights-of-way, and City Outlot 1 of CSM
9333, in accordance with the Erosion Control Plan as approved by the Director of Engineering
and Building and Public Works Committee on January 27, 2003 in accordance with the plans and
specifications on file in the City Building and Engineering Department. No construction or grading
shall begin until said permit is issued by the City, and no grading shall occur without a two (2) day
prior notice to the City. .
.
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MRED (Moorland I Residential) Associates Developers Agreement
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 Developer until such time as vegetative
cover is established on the Property. Install mulching and seeding of all disturbed areas to COmPlY.
with Municipal Code Chapter 29.
4. Ensure 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.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, except for final surface course of pavement on public and
private streets as described herein, shall be completed by the Developer 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 dwelling units 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 on public and private streets as described herein is not
completed within twelve (12) months of the date of this Agreement, the Developer shall extend the Letter
of Credit in a form acceptable to the City until such time as the final surface course of pavement is
completed.
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final
surface course pavement, such notice shall be considered a failure to complete improvements in
accordance with this agreement and shall entitle the City to immediately draw against the Letter of
Credit.
. SECTION V: AS-BUILT CONSTRUCTION PLANS AND DIGITAL FILES
Developer authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Developer 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 Developer's Developers
Deposit account for all charges related hereto.
Developer authorizes the City to convert digital files submitted by Developer pursuant to Section
18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Developer agrees to reimburse City for all costs incurred in
said conversions and City may utilize Developer'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, Developer shall, without charge to the City, upon
completion of the above described improvements, unconditionally give, grant, convey and fully dedicate
the public streets, sanitary sewers, watermains, storm water drainage facilities (excluding those facilities
which are to be owned and maintained by Homeowners Association) to the City, its successors and
assigns, forever, free and clear of all encumbrances (except those encumbrances that may be
acceptable to the City) 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 0
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MRED (Moorland I Residential) Associates Developers Agreement
bituminous concrete pavement has been installed, when all said utilities have been completed and
approved by the Director of Building and Engineering 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 Developer 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 Developer.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
.
Developer shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section 18.14 of the 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 III,
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 payor 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 VIII : MISCELLANEOUS REQUIREMENTS
The Developer shall:
1. Easements: Provide any easements on Developer's land deemed necessary by the Director of
Building and Engineering, provided such easements are not any more restrictive to the building of
structures beyond the applicable side yard and offset distances required 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. 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.
SECTION IX: GUARANTEES:
The Developer shall guarantee the public roads and streets, sanitary sewers, water mains, surface water
drainage improvements and all other improvements described in Section III, 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 Developer shall pay for any damages to City property resulting from such faulty -
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MRED (Moorland I Residential) Associates Developers Agreement
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 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, Developer shall indemnify and save harmless, and agrees to accept
tender of defense and to defend and pay any and all reasonable legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed upon the City
its officers, agents, and employees, and independent contractors growing out of this agreement as
stated above by any party or parties except those claims asserted by Developer against City, its officers,
agents and employees in an effort to enforce this Agreement. The Developer 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 Property and give the City
evidence of the same upon request by the City.
a) Hold Harmless. The Developer shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims, damages, losses, and
expenses, including attorney's fees arising out of or resulting from the performance of the Work,
providing that any such claim, damage, loss, or expense (i) is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by
any negligent act or omission of the Developer, its officers, agents, independent contractors, and
employees or anyone for whose acts any of they may be made liable, regardless of whether or
not it is caused in part by a party indemnified herein. A claim for indemnification under this
section shall be conditioned upon the City giving to the Developer, within 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 Developer's insurance carrier, the City
shall tender the defense of such claims to the Developer's insurance carrier. In any and all
claims against the City, its officers, agents, independent contractors, and employees by the
Developer, its officers, agents, independent contractors, employees, and anyone directly or
indirectly employed by any of them or anyone for whose acts any of they may be held 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 Developer, its
officers, agents, independent contractors, employees under Workers' Compensation Acts,
disability benefit acts, or other employee benefit acts.
b) Personal Liabilitv of Public Officials. In carrying out any of the provisions of this Agreement or in
exercising any power or authority granted to them thereby, there shall be no personal liability of
the City officers, agents, independent contractors, or employees, it being expressly understood
and agreed that in such matters they act as agents and representatives of the City.
c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and
hold City and its officers, agents, independent contractors, and employees harmless from any
claims, judgmen~s, damages, penalties, fines, costs, or loss (including reasonable fees for
attorneys, consultants, and experts) that arise as a result of the presence or suspected presence
in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in
connection with the Plat and this Agreement (including but not limited to street right-of-way) of
any toxic or hazardous substances arising from any activity occurring prior to the acceptance of
all improvements. Without limiting the generality of the foregoing, the indemnification by the.
Developer shall include costs incurred in connection with any site investigation or any remedial
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MRED (Moorland I Residential) Associates Developers Agreement
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removal, or restoration work required by any local, State, or Federal agencies because of the
presence or suspected presence of toxic or hazardous substances on or under the real property,
whether the soil, groundwater, air, or any other receptor. The City agrees that it will immediately
notify Developer of the discovery of any contamination or of any facts or circumstances that
reasonably indicate that such contamination may exist in or on the real property. Upon receipt of
notice from the City Dr other entities, Developer 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) Developer 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 Developer 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 Developer'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 Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement
shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the
Property. Further, that the sale of any lot or parcel shall not release the Developer from completing the
work required by Section II of this Agreement.
.
SECTION XII : 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 Developer to construct the improvements in accordance with the plans and specifications
called for by this agreement, upon Developer's compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations.
2. Cooperate with the Developer in obtaining permits, resolutions and documents as may be necessary
from other authorities having jurisdiction in the premises.
3. Make available to the Developer or their nominee successors or assigns, permits for the construction
of commercial buildings and two family residences subject to the provision of Section XIII.
SECTION XIII: BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any residential dwelling units until the Director of Engineering and Building has determined that:
1. The sanitary sewer, water main, and surface water drainage facilities required to serve the Property
are connected with an operational system as required herein, and installation of the bituminous
concrete base course pavement has been properly installed, and
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MRED (Moorland I Residential) Associates Developers Agreement
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. One time pavment to Citv as required bv Section II of the Retention Pond Maintenance Aqreement #2
and Slormwater Manaqeme'lt Plan #2 (Lands West of Moorland Road) have been received bv Citv.
SECTION XIV, FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer
shall file with the City a Letter of Credit setting forth terms and conditions approved by the City
Attorney and Finance Committee on May 21,2003 in the amount of $2,114.437.86 as a guarantee
that the required plans and improvements will be completed by the Developer and his subcontractors
no later than one (1) year from signing of the Agreement, except if another date is provided within
this Agreement and as a further guarantee that all obligations to the subcontractors for work on the
Property 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 Developer 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 Developer shall maintain a $10,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation
of the Finance Committee. In addition to the provisions set forth herein, each Building Site and
Operation Plan submittal for Commercial Parcels shall establish its own Developers Deposit
Account. The Developers Deposit shall be maintained and released in accordance with the adopted
policies of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing,-to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Property. This provision
constitutes the Developer's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Developer's waiver of notice and consent to all special
assessment proceedings as described in Sec. 66.60 (18), Wis. Statutes.
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. .
10
Page 11
MRED (Moorland I Residential) Associates Developers Agreement
SECTION XV. PARTIES BOUND:
. Developer or its 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
Developers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific
project shall not constitute a waiver, or relieve the Developer from ultimate responsibility for the design,
performance, and function of the Development and related infrastructure.
SECTION XVI. AMENDMENTS AND ASSIGNMENT:
Developer shall not assign this Agreement without the written consent of the City, which shall not be
unreasonably withheld. The City and the Developer, by mutual consent, may amend this agreement, by
written agreement between the City and the Developer.
SECTION XV: NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally, sent by prepaid United States Postal Service certified mail
with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail
with return receipt requested, to all parties as follows:
.
To City:
Planning Department
City of Muskego
PCB 749
W182 38200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
Planning@ci.muskego.wi.us
To Developer:
MRED(Residentialf Moorland)Associates, a WI. LP
c/o Redmond Construction, Inc.
W228 N745 Westmound Drive
VVaukesha, VVI 53186
262-549-1798
262-549-1725 facsimile
AII notices shall be considered to have been delivered at the time such notices are personally delivered
to each party, or three (3) days after the date of postmark on any prepaid certified letter, facsimile
transmission, or electronic mail.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address,
telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute
a default by the party.
~
11
Page 12
MRED (Moorland I Residential) Associates Developers Agreement
SECTION XVII: PARTIES TO THE AGREEMENT
MRED (RESIDENTIAL I MOORLAND) ASSOCIATES, A WISCONSIN LIMITED PARTNERSHIP
By:
.
MRED(JBnm:vilicResidential/Moorland), Inc. its sole general partner
Mark Redmond, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
-
day of , 2003, Mark Redmond, to me known to be
the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, 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 originàl counterparts on the date and year first written
above.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb, Mayor .
BY:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
-
day of , 2003, the above named Mark A. Slocomb,
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 bt its authority and pursuant to the
authorization by the Common Council from their meeting on the 2i day of May, 2003.
Notary Public-State of Wisconsin
My Commission Expires.
.
12
Page 13
MRED (Moorland I Residential) Associates Developers Agreement
CERTIFICATION
. This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for MRED
Planned Development District, Muskego, Wisconsin, as entered into on the day of ,
2003, by and between MRED (Residential/Moorland) Associates, A Wisconsin Limited Partnership and
the City. Of Muskego, pursuant to the authorization by the Common Council from their meeting on the
27'h day of May, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This
-
day of , 2003.
My commission expires
This instrument drafted by Brian Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
.
.~
13
APR-28-2003 09:59 ,
JOHNSON BRNK-INTERNATIOAL 608 240 1955 P.03/05
.
II
JOHNSON
BAN K
.
Irrevocable Standby Letter of Credit No. SLC."DRAFT" Page 2
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
required Johnson Bank, to inquire into Its terms and obligations.
We hereby engage Wíth you that drafts drawn under and in compliance with the terms of
this aedit Will be duly honored if presented together Wíth the required documents at the
counters of Johnson Bank, 5133 West Terrace Drive. Madi5Ol1, WI 53718 not Iatei' than our
clooe of business on June 24, 2004, date in which this Letter of credit expires. 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.
.
All charges other than Johnson Bank's are for the account of the beneficiary.
Except to the extent otherwise expressly stated herein, this credit is subject to the Uniform
Customs and Practice for Documentary Credit International Chamber of Commerce
Publication No. 500 (1993 revision).
Joh~ Bank
BY:
AuthOrized Signature
BY:
Authorized Signature
.~ MEMBER JOHNSON INTERNATIONAL
"" SCþ'"u'".finn;~ "',"þm.}
EASr, SI~~ W~~n,I<.RA{;~ DRlV, 1'0, BOX 80,6 MAlJI50N, WI 5'$70&B6'$6 I'HON[' ó08/24'1-7800 lAX, 608m'),7B30
WEST, 52S JUNCTION ROAD MADISON, WI S3717 PHONE, '01\/24%510 fAX, b08/2,%57S
......johnsonba""-""" MJ'MBER FI)IC
APR-2S-2003 09: 59 JOHNSON BiN(- I NTERNRT I GAL 60S 240 1955 P.02/05
Amount
II
JOHNSON ^
BANK. UR~F
OUR IRREVOCABLE STANDBY LEn'ER OF CREDIT ~kç.uDRAFT"
..,.
irDÎ R ~ f~ i' i: '/'/ 15 l' ,'. , .
iUú I -..'-------. -.
.
, I . , i' I APR289M" !iLi
i wu.J 10' J I
Associates, ~LWI5:~ P!:j~t%llNG;
Dale:
$ 2,114,437.86
April 24, 2003
Applicant MRED (Residential I Moorfand)
Partnership-
N226 W745 WesImound Drive
Waukesha, WI 53186
Beneficialy; City of Muskego
Post Office Box 749
W182 88200 Racine Ave.
MusI<ego, WI 53150-0749
We hereby establish our Irrevocable Standby Leiter of Credit No. SlCo"DRAFr in your
favor for the. account of MRED (ResidentiallMoorfand) Associates, a Wisconsin Umited
Partnership which is available by benefiCiary's draft(s) at sight drawn on Johnson Bank.
Each Draft accompånying documentS must state "Drawn Under Johnson Bank Irrevocable
Standby LeIter of Credit SiC-"DRAFT" dated Apn124; 2003..
This Standby Credit is to provide a guarantee to the City of Muskego for the
performance of Applicant obligations under that certain agreement dated -
20- [DATE OF CLOSING MEETING WITH THE CITY) between the City of Muskego
and Applicant.
DRAFTS ARE TO EA COMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that Applicant has failed to
complete the conslructiQll of subdivision improvements in accordance \'IIÏth said Agreement
or otherwise comply with the obligations of the Agreement. Said statement shall set for1h
the. estimated amount necessary for the City of Muskego to complete such improvements
or otherwise comply with the obrlgations of the Agreement.
~
This letter of Credit Will terminate on lI1e
-
day of -- (MUST BE 15
MONTHS FROM DATE OF exEClmON) provided, however, Johnson Bank shall give
written notice to the beneficiary of its intentiOn to terminate this standby credit at ninetY (90)
days prior to lI1e
-
day of - . (Expiration date) After said date, this letter of
credit can only terminate upon ninety (90) days written notice to the beneficiary.
Continued on Page Two (2) which Is an integral pari of this St4Indby Credit.
MEMRER JOHNSQN INTF.RNATIONAl
-:::.<<;'1""'.0'" (nmlh rnm/"""
,,^S1, 5133 wEn TfRRhCf DRIVE 1'.0, BOX 3f>JO MAOISON, WI 5370B-8b36 1'1 lONE, 60BI"l4N80<) fAX,60612.').7830
Wt,E 525 JUNCTION ROAD MADI50~. WI 53717 I'IIONE, 60~1245-6510 fAX, MJ812'IS 6.m
WWW.jOImSOflbanIU:om
.
--
-.
.
.
MF.MBf.R fDlC
PUBLIC IMPROVEMENT COST BREAKDOWN
Redmond- J.nesvillelMoorl.nd- RESIDENTIAL
Beg. Bal ADJ. BAL. .
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $364,917.00 $364,917.00
. b. Laterals $36,400.00 $36,400.00
c. Dumping station & Generator $0.00 $0.00
d. Force main $0.00 $0.00
e. Grinder pumps &chamber-indiv dwelling $0.00 $0.00
f. Engineering Inspections $20,065.85 $20,065.85
g. Other $0.00 $0.00
$421,382.85 $0.00 $42 J ,382.85
#6 WATERMAlN SYSTEM
a. Mains, valves & manholes $11 8,650.00 $11 8,650.00
b. Hydrants & leads $40,000.00 $40,000.00
c. Water services $36,400.00 $36,400.00
d. Well & pumphouse $0.00 $0.00
e. Engineering Inspections $9,752.50 $9,752.50
( Other $0.00 $0.00
$204,802.50 $0.00 $204,802.50
#7 STORM SEWER SYSTEM
a. Mains & manholes $305,083.00 $305,083.00
b. Catch basins & leads $48,750.00 $48,750.00
c' Culverts $0.00 $0.00
d. Drain tile $0.00 $0.00
e. Headwalls/discharge structures $0.00 $0.00
f. Engineering Inspections $] 7,691.65 $17,691.65
. g. Other $0.00 $0.00
$371,524.65 $0.00 $371,524.65
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights $5,000.00 $5,000.00
b. Street signs $850.00 $850.00
c. Signs as specified by City $0.00 $0.00
d. Erosion ControllVegetation Retainage $30,000.00 $30,000.00
e. Other - Ag Use Penalty $8,045.99 $8,045.99
$43,895.99 $0.00 $43,895.99
#9 FEES
a. City administration $5,500.00 $5,500.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. Engineering-as built drawings for wls $24,915.00 $24,915.00
d. Legal $1,000.00 $ J ,000.00
e. Land acquisition $0.00 $0.00
( Other $0.00 $0.00
$31,415.00 $0.00 $31,415.00
TOTAL PROJECT ESTIMATE $2,] 14,437.86 $0.00 $2,114,437.86
LETTER OF CREDIT AMOUNT
.~ Engineermg**Total engineermg Costs included $95,386.53
in total Project Estimate**
Page 2 012
PUBLIC IMPROVEMENT COST BREAKDOWN
Redmond- Janesville/Moorland- RESIDENTIAL
Beg. Bal ADJ. BAL.
#1 ROAD CONSTRUCTION
a. Excavation to subgrade $0.00 $0.00
:
b. Stone base material $63,000.00 $63,000.00
c. Bituminous base course pavement $95,000.00 $95,000.00 .
.d. Bituminous surface course pavement $38,000.00 $38,000.00
e. Concrete pavement $0.00 $0.00
f. Other (Prep Roadway&BackfiJ Curb) $12,230.00 $12,230.00
g. Engineering Inspections $10,4 I 1.50 $10,411.50
$218,641.50 $0.00 $218,641.50
#2 SITE GRADlNÓ-LANDSCAPING .-
a. Lot grading $122,446.20 $122,446.20
b. Drainage ditch construction $0.00 $0.00
c. Retention pond construction $57,159.76 $57,159.76
d. Parking area construction-incl pavement $0.00 $0.00
e. Tree & shrub plantings-generaJ $110,249.00 $110,249.00
f. Landscaping as specified by City-( all buildings) $275,600.00 $275,600.00
g. Erosion control $21,844.00 $21,844.00
h. Engineering Inspections $4,7(0.50 $4,770.50
i. Other $0.00 $0.00
$592,069.46 $0.00 $592,069.46
#3 TOPSOIL, SEEDING/SODDING
a. FuIl Site $ I 00,000.00 $100,000.00
b. Terrace areas - in ROW $0.00 $0.00
c. Drainage ditches $0.00 $0.00
d. Retention ponds $4,504.38 $4,504.38
e. Areas as specified by City- Easements $7,722.00 $7,722.00 .
f. Engineenng Inspections $2,244.53 $2,244.53
g. Other $0.00 $0.00
$114,470.91 $0.00 $114,470.91
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $11 0,700.00 $110,700.00
b. Sidewalk $0.00 $0.00
c. Blvdltraffic islands $0.00 $0.00
d. Ditch inverts $0.00 $0.00
e. Engineering Inspections $5,535.00 $5,535.00
f. Other $0.00 $0.00
$116,235.00 $0.00 $116,235.00
.
Page 1 of2
PHASE IV
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