CCR2003127.
.
.
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #127-2003
APPROVAL OF RETENTION POND MAINTENANCE AGREEMENT #1
MRED PLANNED DEVELOPMENT
(Lands East of Moorland Road)
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached Retention Pond
Maintenance Agreement #1 between MRED (Residential/Moorland) Associates LP,
Candlewood Village Condominium Association, Inc. and the City of Muskego for lands east of
Moorland Road.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the
agreement in the name of the City.
DATED THIS 27th DAY OF Mav ,2003.
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 #127-2003 which was
adopted by the Common Council of the City of Muskego.
5/03jmb rK.fY1~ CI -Treasurer
.. levlJe;d
MRED PLANNED DEVELOPMENT
RETENTION POND MAINTENANCE AGREEMENT #1
(Lands East of Moorland Road)
,
;,
. This Agreement is made and entered into this
-
day of , 2003, by and between
MRED (Residential I Moorland) Associates, .f-'c-Y!lsc9!:1~i~".. Lil11i!e~ ."PClrtr.1!~rship',
(hereinafter referred. to as "Developer"), Sûnd31....:o.qc.!~'Çar~,II;1\'\f!?gd~.:Yillag~ I
C.òndorniniùrll)i~S'g~i?tiın/jfíè' à[ldjìóÌ1:~tpc~cQí'p9r?!iQrj (hereinafter referred to as
"Association"), and the City of Muskego, a Municipal Corporation located in the County
of Waukesha and the State of Wisconsin, (hereinafter referred to as "City"),
WITNESSETH:
WHEREAS, The Developer has submitted for approval by the City certain improvement
plans for MRED Planned Development District, being a part of the lands described as:
Lots One (1), Two (2), and Three (3) of Certified Survey Map No, 9464, being a part of Lot Two
(2) of Certified Survey Map No, 9332 located in the SW 1. of the SW 1. 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
215-220, inclusive, as Document No, 2879712 (hereafter "Commercial Parcels"), and
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 1. of the SW Y. of Section 2, and the NW Y.
of the NW Y. of Section ii, 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, (hereafter
"Condominium Parcels"),
. Which are collectively referred to as "the Property", and
WHEREAS, The City has approved the Certified Survey Maps of MRED Planned
Development District Property, and
WHEREAS, The improvement plans call for the construction of storm water retention
ponds within the Property; and
WHEREAS, The Developer has received, or will receive prior to start of construction,
various City permits, Army Corps of Engineers permits, and Wisconsin Department of
Natural Resources permits hereinafter referred to as DNR permits to construct MRED
Planned Development Property; and
WHEREAS, MRED Planned Development Property is proximate to navigable stream
which is directly upstream from Big Muskego Lake and Bass Bay, and the City and DNR
has expended great effort and expense to remove sediment and rough fish from Big
Muskego Lake; and
WHEREAS, The City and the DNR have established certain requirements for retention
ponds and storm water management to be constructed in MRED Planned Development
District Property to minimize flooding and sediment migration to the adjacent navigable
stream, Big Muskego Lake, and adjacent wetlands and other tributary properties and to
prevent rough fish propagation and reintroduction into Big Muskego Lake; and
. WHEREAS, Developer has divided the Property into saleable "Commercial Parcels" and
saleable "Condominium Parcels" and as of the execution of this Agreement, Developer
has divided that portion of the property to be used for Stormwater Retention into a part
of the Condominium Parcel, and
MRED Planned Development
Retention Pond Maintenance Agreement #1 (Lands East of Moorland Road)
Page 2
.
WHEREAS, Developer intends to further divide the Property, which may be sold or
leased to various owners or tenants, and as of the execution of this Agreement,
Developer is undertaking certain obligations which are required to be assigned to the
Condominium Association at an unspecified future date, and
WHEREAS, The Developer has executed a Declaration of Stormwater Drainaqe
Easement and Maintenance Aqreement (hereafter the "Declaration"), recorded at the
Waukesha County Register of Deeds on February 6, 2003 as Document No. 2926011,
as amended March 11, 2003 by document number 2957655. ,and attached hereto, and
WHEREAS, Developer represents that said Declaration addresses the management of
storm water generated by the Commercial Parcels through easements and within
retention ponds located on Condominium Parcels, and
WHEREAS, Developer represents that said Declaration provides for certain covenants,
conditions, and restrictions for the mutual and reciprocal benefit and compliment all of
the Commercial Parcels and the present and future owners thereof, on the terms set
forth therein, and
.
WHEREAS, In addition to said Declaration, the City intends to reserve the right to
enforce the requirement that the storm water retention pond areas are maintained in a
manner consistent with DNR requirements and with this agreement and the storm water
management plan on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm Water Management ordinance;
NOW THEREFORE, In consideration of the mutual covenants and agreements IT IS
AGREED, as follows:
SECTION I : CONSTRUCTION
1. The Developer, unless otherwise provided for in the Storm Water Management Plan,
shall be responsible for all construction of the storm water management measures.
SECTION II : MAINTENANCE
1. The Developer shall maintain the storm water management measures in accordance
with the approved Storm Water Management Plan attached hereto and on file in the
offices of the City of Muskego Building Department as required by the City of
Muskego Storm Water Management Ordinance.
2. The Developer, 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.
. 3. The City 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 and City
of Muskego Storm Water Management Ordinance. The City shall provide inspection
,
"
.
MRED Planned Development
Retention Pond Maintenance Agreement #1 (Lands East of Moorland Road)
Page 3
reports to the Developer to advise of any corrective actions needed, and shall
provide a time frame for compliance.
4. Upon receipt of an inspection report which requires corrective action, the specified
corrective actions shall be taken by the Developer within a reasonable time frame as
set by the City.
5. The City is authorized to perform the corrective actions identified in the inspection
report if the Developer does not make the required corrections in the specified time
period. The costs and expenses shall be entered on the tax roll on an equal basis
as a special charge or special assessment against all Tax Key Numbers on the
Condominium Parcels and collected with any other taxes levied thereon for the year
in which the work is completed.
SECTION III : ESTABLISHMENT OF MAINTENANCE ACCOUNT WITH CITY
1. The Developer shall deposit in a segregated account with the City five thousand
dollars ($5,000.00) to cover the estimated costs associated with the pond draw
downs necessary for the first five (5) years. Upon commencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice the Developer in
an amount sufficient to return the account balance to one thousand dollars
($1,000.00). 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.
. 2. Any annual costs in excess of the $1,000.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the Developer.
Costs not paid shall be placed in equal amounts as a special assessment or special
charge on the tax bills for all Tax Key Numbers in the Condominium Parcel.
SECTION IV : ASSIGNMENT OF DUTIES AND RESPONSIBILITIES
1. Prior to release of any Building Permit by City for any structure on the Condominium
Parcel, Developer shall have Assigned this Agreement and all of the duties and
responsibilities herein to a Condominium Association approved by the City pursuant
to Municipal Codes and Wisconsin Statutes.
2. 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 V : COVENANT TO RUN WITH THE LAND
1. This document is a part of the MRED (Residential I Moorland) Associates LP
Developer's Agreement, which terms are incorporated herein, shall be recorded with
the Waukesha County Register of Deeds and shall be a covenant running with the
land and binding upon all owners of said land.
.
MRED Planned Development
Retention Pond Maintenance Agreement #1 (Lands East of Moorland Road)
Page 4
. SECTION VI : PARTIES TO THE AGREEMENT
IN WITNESS WHEREOF, Developer has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
MRED (RESIDENTIAL I MOORLAND) ASSOCIATES, A
PARTNERSHIP
WISCONSIN LIMITED
By:
MRED(Janesvilie/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
sÀ"iöALWôOD CÄNDLÊ\Ñô06vILLÄGË èONDOMINiiJM\ÁSSOCtÄT'OJiJ;iÑÖ:
". ..d '~'_"_""d "'~""-'O<~""<O"'d ".,.."",.,..." "" .... .,. , ..'d' ,
By:
[fl.êæe' ?m:Ltjtl~1
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
-
day of ,
2003i,:'Ø~lii.~]
, to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
MRED Planned Development
Retention Pond Maintenance Agreement #1 (Lands East of Moorland Road)
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
City of Muskego
By:
Mark A. Slocomb, Mayor
By:
Jean K. Marenda, City ClerklTreasurer
STATE OF WISCONSIN}SS
W AUKESHA COUNTY}
.
Personally came before me this day of , 2003, the above named Mark
A. Slocomb, Mayor and Jean Marenda, City ClerklTreasurer, of the above-named
municipal corporation City of Muskego, to me known to be the persons executed the
foregoing instrument, and to me known to be such Mayor and City ClerklTreasurer of
said municipal corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said municipal corporation by its authori!Yn and
pursuant to the authorization by the Common Council from their meeting on the 27 h day
of May, 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement #1 for MRED Planned Development Property, Muskego,
Wisconsin, as entered into on this day of , 2003 by and between MRED
{Reside,:!i.?I. J.rYto.~la':9-L~ssociates LP, ,S(;mqpl:~'fPQïf ?~çân!jjçv,'-o:q~: ýi)l~g~ I
ConQ9miQ!qm A~~Qçjêÿ6.I};Jtlçi and the City of Muskego, pursuant to the authorization
by the Common Council from their meeting on the 2ih day of May, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2003.
.. Notary Public, Waukesha County, Wisconsin
My commission expires