CCR2003130.
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #130.2003
APPROVAL OF RETENTION POND MAINTENANCE AGREEMENT #2
MRED PLANNED DEVELOPMENT
(Lands West 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 #2 between MRED (Residential/Moorland) Associates LP, MRED
(Janesville/Moorland) Associates LP, Candlewood Village Condominium Association, Inc. and
the City of Muskego for lands west 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 #130-2003 which was
adopted by the Common Council of the City of Muskego.
5/03jmb ~K.'h1~ CI -Treasurer
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MRED PL.ANNED DEVEL.OPMENT
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RETENTION POND MAINTENANCE AGREEMENT #2
(Lands West of Moorland Road)
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. This Agreement is made and entered into this
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day of , 2003, by and between
MRED (Residential/Moorland) Associates, a Wisconsin Limited Partnership,
(hereinafter referred to as "Residential Developer"), MRED (Janesville / Moorland)
Associates, a Wisconsin Limited Partnership (hereinafter referred to as "Commercial
Developer"), M&I Marshall & IIsley Bank, a Wisconsin State Chartered Bank (hereinafter
referred to as the "Bank"), Saf\èaIwooåCandlewood Village Condominium Association, I
Inc. a non-stock corporation (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 City has approved the Certified Survey Maps of MRED Planned
Development District Property, and
WHEREAS, The Residential Developer has submitted for approval by the City certain
improvement plans for MRED Planned Development District, hereinafter collectively
referred to as "the Property"
, and being a part of the lands described as:
.
Lots One (1), and Two (2) 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 (hereafter "Commercial Parcels"), and
Lots 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, (hereafter "Condominium Parcels)".
,and
WHEREAS, The Residential Developer, Commercial Developer, Bank, and Association
propose to purchase Stormwater Retention from a regional stormwater management
facility on lands owned by the City, described as:
Outlot One (1) of Certified Survey Map No. 9333, being a redivision of Lot 143, Quietwood
Creek, a recorded subdivision plat, also being a part of the SE Y. and SW Y. of the SE Y. of
Section 3, T5N R20E, City of Muskego, Waukesha County, Wisconsin, recorded in the Register
of Deeds for Waukesha County on February 27, 2002 in Volume 84 of Certified Survey Maps at
Pages 344-347, inclusive, as Document No. 2770666, (hereafter the "Stormwater Area)".
, and
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WHEREAS, The City is receptive to allowing Residential Developer, Commercial
Developer, Bank, and Association to discharge storm water to a Stormwater Area
owned and maintained by City, subject to payment for perpetual use of land to
compensate for City's lost land utilization, and subject to certain terms and conditions
described in this Agreement, and
WHEREAS, The Commercial Developer is the owner of Lot 1 of Certified Survey Map
No. 9463 described above, the Bank is the owner of Lot 2 of Certified Survey Map No.
9463 described above, and the Residential Developer is the owner of Lot 3 of Certified
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MRED Planned Development
Retention Pond Maintenance Agreement #2 (Lands West of Moorland Road)
Page 2
Survey Map No. 9463 described above, and Residential Developer is responsible for
installing all public improvements to serve the Property, and
WHEREAS, The Residential Developer has received or will receive prior to start of
construction, 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 has established certain requirements for retention
ponds and storm water management to be constructed to minimize flooding and
sediment migration to the adjacent navigable stream including Big Muskego Lake and
adjacent wetlands and other tributary properties and to prevent rough fish propagation
and reintroduction into Big Muskego Lake; and
WHEREAS, Residential Developer and Commercial Developer intend to further divide
the Property, which may be sold or leased to various owners or tenants, and as of the
execution of this Agreement, Residential Developer is undertaking certain obligations
which are required to be assigned to the Association at an unspecified future date, and
WHEREAS, The City intends to reserve the right to enforce the requirement that the
Stormwater Area be 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 Residential Developer, unless otherwise provided for in the Storm Water
Management Plan, shall be responsible for construction of the storm water
management measures, including modifications to the existing pond on the Property
and within the Stormwater Area in accordance with the Improvement plans and
Developers Agreement approved by the Common Council on May 27,2003
SECTION II : MAINTENANCE
1. The City shalr maintain the Stormwater Area and stormwater measures within
dedicated rights-of-way 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 City shall conduct inspections of the Stormwater Area and storm water
measures within dedicated rights-of-way as necessary to ascertain that the practices
are being maintained and operated in accordance with the approved storm water
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MRED Planned Development
Retention Pond Maintenance Agreement #2 (Lands West of Moorland Road)
Page 3
management plan. The City of Muskego shall perform the corrective actions
identified by said inspections.
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
reports to the Property owners 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 on the
Property, the specified corrective actions shall be taken by the Property owners
within a reasonable time frame as set by the City. Corrective actions within the
Stormwater Area will be conducted by City as deemed necessary to comply with this
Agreement.
5. The City is authorized to perform the corrective actions in the Stormwater Area and
on the Property identified in the inspection report if the Property owner does not
make the required corrections in the specified time period. Costs billed by City and
not paid by an owner for any work performed by City either in the Stormwater Area
or on the Property shall entered on the tax roll as a special charge or special
assessment against the unpaid Property's Tax Key Number(s) on and collected with
any other taxes levied thereon for the year in which the work is completed.
. SECTION III : ONE TIME PAYMENT TO CITY
1. Concurrent 'tIith the execution of thi~ I\greoment Prior to issuance of anv buildinq
permit or occupancv permit on the Propertv. Residential Developer shall make a
one-time payment to City in the amount of $E.'\MOUNT] One Hundred Seventv-Two
Thousand Dollars ($172.000.00) to compensate City for Property Owner's perpetual
use of City land in lieu of providing on-site stormwater management on the Property,
and to compensate City for lost utilization of land for City purposes.
SECTION IV : ANNUAL PAYMENTS TO CITY
1. The City shall keep accurate records of costs incurred costs incurred for inspections
and maintenance of all stormwater management measures located within the
Stormwater Area and Property. All costs shall be shared by the City, and Property
owners as described in Section IV(3) of this Agreement. For purposes of this
Agreement, future development of condominiums on the Condominium Parcel shall
be collectively treated collectively and shall receive one billing. For purposes of this
Agreement, each Commercial Parcel shall be treated individually.
2. The City shall process all billings at least once per year, generally no later prior to
November 1 of each calendar year.
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3. Each Parcel owner's share of cost for any work performed by City shall be equal to a
fraction, the numerator of which shall be the number of square feet of impervious
area on each Parcel, and the denominator of which shall be the number of square
feet of impervious area on the Property.
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MRED Planned Development
Retention Pond Maintenance Agreement #2 (Lands West of Moorland Road)
Page 4
4. Costs established by Section IV (3) of this Agreement shall be billed by City. Costs
billed by City and not paid by an owner shall entered on the tax roll as a special
charge or special assessment against the unpaid Property's Tax Key Number(s) on
and collected with any other taxes levied thereon for the year in which the work is
completed.
SECTION V : ASSIGNMENTS AND AMENDMENTS
1. Prior to release of any Building Permit by City for any structure on Lot 3 of Certified
Survey Map No. 9463 described above (the Condominium Parcels), Residential
Developer shall have Assigned this Agreement and all of its duties and
responsibilities herein to a Condominium Association approved by the City pursuant
to Municipal Codes and Wisconsin Statutes. Residential Developer shall not assign
this Agreement without the written consent of the City, which shall not be
unreasonably withheld.
2. Prior to release of any Building Permit by City for any structure on Lot 1 of Certified
Survey Map No. 9463 (the Commercial Parcels), Commercial Developer shall have
Assigned this Agreement and all of its duties and responsibilities herein to a buyer
approved by the City pursuant to Municipal Codes and Wisconsin Statutes.
Commercial Developer shall not assign this Agreement without the written consent
of the City, which shall not be unreasonably withheld.
3. In the event that City divests itself of the land which accommodates the Stormwater
Area, City shall assign maintenance obligations to the City's buyer, and said buyer
shall be responsible for paying maintenance costs relating to its fractional share of
impervious surface in accordance with Section IV (3) of this Agreement, and
collecting annual costs from the other parties to this Agreement. Property owners
as they may exist from time to time shall cooperate with the City in executing any
documents reasonably necessary to accomplish the goals set forth in this
paragraph.
4. The parties to this Agreement, their heirs, successors, and assigns, by mutual
consent, may amend this Agreement by written Agreement.
SECTION VI : COVENANT TO RUN WITH THE LAND
1. This document is a part of the MRED (Residential/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.
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MRED Planned Development
Retention Pond Maintenance Agreement #2 (Lands West of Moorland Road)
Page 5
SECTION VII : PARTIES TO THE AGREEMENT
IN WITNESS WHEREOF, Residential 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(JanosvilioResidentiaI/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.
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Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS WHEREOF, Commercial 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 (JANESVILLE 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
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MRED Planned Development
Retention Pond Maintenance Agreement #2 (Lands West of Moorland Road)
Page 6
IN WITNESS WHEREOF, Bank 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.
M&I MARSHAll & IlSlEY BANK A WISCONSIN STATE CHARTERED BANK
By:
George Vignyvich, Vice President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
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day of , 2003, George Vignyvich,
Vice President of M&I Marshall & IIsley Bank a Wisconsin State Chartered Bank, to me
known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public, Waukesha County, Wisconsin
My commission expires
SANDALWOODCANDlEWOOD VillAGE CONDOMINIUM ASSOCIATION, INC.
By:
[name and title]
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
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day of , 2003, [name] , to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
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MRED Planned Development
Retention Pond Maintenance Agreement #2 (Lands West of Moorland Road)
Page 7
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 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 Marenda, City Clerk/Treasurer, of the above-named
municipal corporation City of Muskego, to me known to be the persons executed the
foregoing instrument, and to me known to be such Mayor and City Cierk/Treasurer of
said municipal corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said municipal corporation by its authorit~ 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 #2 for MRED Planned Development Property, Muskego,
Wisconsin, as entered into on this day of , 2003 by and between MRED
(Residential! Moorland) Associates LP, MRED (Janesville ! Moorland) Associates LP,
M&I Marshall & IIsley Bank, Sand31woodCandiewood Village Condominium Association, Inc. and I
the City of Muske~o, pursuant to the authorization by the Common Council from their
meeting on the 27' day of May, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires