CCR2003141.~
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #141-2003
APPROVAL OF MRED PLANNED DEVELOPMENT DISTRICT CONSOLIDATED STORM
WATER MANAGEMENT PLAN, MRED PLANNED DEVELOPMENT DISTRICT
CONSOLIDATED RETENTION POND MAINTENANCE AGREEMENT, AMENDMENT NO.1
TO MRED (RESIDENTIAL/MOORLAND) ASSOCIATES-CITY OF MUSKEGO/MRED
PLANNED DEVELOPMENT DISTRICT-DEVELOPER'S AGREEMENT, AMENDMENT NO.1
TO MRED (JANESVILLE/MOORLAND) ASSOCIATES-CITY OF MUSKEGO/MRED
PLANNED DEVELOPMENT DISTRICT-DEVELOPER'S AGREEMENT, AND TERMINATION
AGREEMENT MRED PLANNED DEVELOPMENT RETENTION POND MAINTENANCE
AGREEMENT #2 (LANDS WEST OF MOORLAND ROAD)
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
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recommendation of the Public Works Committee and Finance Committee, does hereby approve
the attached MRED Planned Development District Consolidated Storm Water Management
Plan, MRED Planned Development District Consolidated Retention Pond Maintenance
Agreement, Amendment NO.1 to MRED (Residential/Moorland) Associates-City of
Muskego/MRED Planned Development District-Developer's Agreement, Amendment NO.1 to
MRED (Janesville/Moorland) Associates-City of Muskego/MRED Planned Development District
Developer's Agreement and Termination Agreement MRED Planned Development Retention
Pond Maintenance Agreement #2 (Lands West of Moorland Road).
BE IT FURTHER RESOLVED That the Mayor may make any necessary technical corrections in
consultation with the City Attorney.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the
documents in the name of the City subject to approval of the City Attorney.
DATED THIS 10th DAY OF June ,2003.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Chris Buckmaster
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 #141-2003 which was
adopted by the Common Council of the City of Muskego.
6/03jmb
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MRED PLANNED DEVELOPMENT DISTRICT
. . CONSOLIDATED STORM WATER MANAGEMENT PLAN
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The City of Múskego Storm Water Management Ordinance requires the filing of a Storm Water
Management Pian 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 Developer'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 MRED Planned
Development District, 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 Developers, the City of Muskego and the future owners and tenants regarding the
management of storm water generated within the MRED Planned Development District. 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. .
The City of Muskego and the Department of Natural Resources (DNR) have expended great effort and
expense to remove sediment and rough fish from Big Muskego Lake. The City and the DNR have
established certain requirements for retention pond and storm water management within MRED Planned
Development to minimize flooding and sediment migration to the adjacent navigable stream including Big
Muskego Lake, 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 fishrree pònd 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.
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE DEVELOPER
The Developer shall at their expense:
1. Create the above referenced grading plans, hydraulic calculations, storm sewer, and drainage plans
and after approval of same by the City of Muskego file all such approved plans with the City.
2. Improve the Property 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
Developers Agreement and approved plans on file with the City. Said systems shall include construction of
a storm water retention pond in Lot 2 of CSM 9462, in the MRED Planned Development District.
3. Convey the improvements to the City and to the condominium's owner's association (hereafter the
"Association") upon their completion. Following conveyance, the City and the Association shall be
responsible for carrying out the storm water measures on an ongoing basis expressed in this Plan.
Association ownership and maintenance of the storm water management improvements located east of
Moorland Road, including storm sewers within MRED Planned Development commences outside of City
owned rights-of-way. All improvements contained within the City owned rights-of- way shall be the
responsibility of the City to own and maintain.
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MRED Planned Development
Stonmwater Management Plan #1
Page 2
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY
The City shall:
1. As-built the finish grade of the ponds and provide the as-built plans to the Developer. The City shall
also provide a bench mark at each pond to be illustrated on the as-built drawings.
2. Administer draw down and inspect for sediment build-up. Draw down of all retention ponds shall
occur annually, generally within the first two weeks of November. Draw down may only occur after
determination that sediment build-up will not be transported through planned discharge pipes. If
sediment build-up has occurred above the invert elevation of the discharge pipes it must be removed
prior to draw down. Draw down gate valves shall be closed within one week of commencement of
the draw down.
3. Determine sediment build-up in ponds on an annual basis and recorded results in an inspection
report. Provide a copy of the inspection report to Deveioper and I or Association. Removal of
sediment shall be administered by the Developer and I or Association according to Section 3.
4. 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 in equal amounts on the
tax roll as a speciai assessment or special charge against the Tax Key Numbers on the Candlewood
Village condominium units, and collected with any other taxes levied thereon for the year in which the
work is completed.
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE MRED PLANNED DEVELOPMENT
OWNERS FOR LANDS EAST OF MOORLAND ROAD
An incorporated association of the owners of Candlewood Village condominium units in MRED Planned
Development (referred to herein as the "Association") has been created for the purposes of managing and
controlling the storm water retention ponds. The ownership and maintenance including all payment of
associated costs for the storm water retention ponds located east of Moorland Road 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. .
The Association shall:
1. On an annual basis, 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. When notified by inspection report from the City that sediment build-up reaches 15", the Association
shall 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. Be responsible for water quality in the storm water retention ponds including removal of weeds and
algae control.
4. Take corrective actions specified by the City within a reasonable time frame as set by the City.
THIS INSTRUMENT DRAFTED BY:
BRIAN D TURK
CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE
MUSKEGO WI 53150
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AMENDMENT NO.1 TO
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MRED (JANESVILLE 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 (Janesville 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, On June 4, 2003 Developer and City entered into a Developers Agreement relating to the
construction of the MRED Planned Development District (the "Property"), 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 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 215-220,
inclusive, as Document No. 2879712 and 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. .
and ,
WHEREAS, the Developer is required to make and install certain public improvements ("Improvements")
reasonably necessary for the Development according to municipal specifications without cost to City;
and Subdivider and City desire to amend the Subdividers Agreement executed June 4, 2003.
WHEREAS, On June 10, 2003 the Public Works Committee approved new plans specifications
pertaining to Storm And Surface Water Drainage And Master Grading Plan, and
WHEREAS, the Developer and City desire to amend the Developers Agreement to address the revised
plans and improvements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
SECTION III: IMPROVEMENTS
Section III B of the Developers Agreement executed June 4, 2003 is amended by deleting the
existing five (5) numbered paragraphs and replacing them as follows:
B. 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, and within
Princeton Drive right-of-way as approved by the Director of Engineering and Building and Public
Works Committee on January 27, 2003 and amended June 10, 2003 for storm and surface water
drainage throughout the entire Property, and a Master Grading Plan, all in accordance with the plans
and specifications on file in the Building and Engineering Department. The City retains the right to
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AMENDMENT NO.1
Page 2
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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.
2. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
3. Developer represents that they have recorded an Amended and Restated Declaration of Storm
Water Drainaqe Easement and Maintenance Aqreement for the Property prior to recording this
Agreement which addresses storm water management needs of the Property, and which is
incorporated by reference in the Consolidated Retention Pond Maintenance Agreement executed by
MRED (Residential! Moorland) Associates, LP.
4. 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.
SECTION XIII : BUILDING AND OCCUPANCY PERMITS
Section XIII the Developers Agreement executed June 4, 2003 is amended by deleting item #6.
RELATION TO JUNE 4. 2003 SUBDIVIDERS AGREEMENT
Except as modified by this Amendment No.1, all provisions of the Subdividers Agreement
executed June 4, 2003 remain in full force and effect.
.. PARTIES TO AMENDMENT NO.1
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers
and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
MRED (JANESVILLE ! MOORLAND) ASSOCIATES, A WISCONSIN LIMITED PARTNERSHIP
By:
MRED(Janesville!Moorland), Inc. its sole general partner
Mark Redmond, President
STATE OF WISCONSIN) S5
WAUKESHA COUNTY )
PERSONALLY came before me this
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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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AMENDMENT NO.1
Page 3
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
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 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 Clerk/Treasurer of said municipal corporation, and acknowledged that they
executed the foregoing instrument as such officers as the deed of said municipal corporation by its
authority and pursuant to the authorization by the Common Council from their meeting on
the
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day of , 2003.
Notary Public-State of Wisconsin
. My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Amendment No.1 to the
Developer's Agreement for MRED Planned Development District, Muskego, Wisconsin, as entered
into on the
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day of , 2003, by and between MRED (Janesville / Moorland) Associates,
A Wisconsin Limited Partnership and the City Of Muskego, pursuant to the authorization by the
Common Council from their meeting on the day of , 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of ,2003.
(Notary Public)
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My commission expires
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AMENDMENT NO.1 TO
. 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! 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, On June 4, 2003 Developer and City entered into a Developers Agreement relating to the
construction of the MRED Planned Development District (the "Property"), a part of the lands described
as:
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Lot One (1) and Lot Two (2) of Certified Survey Map No. 9578, being a redivision of All of Lot 1 (1)
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 1'. of Section 2, and the NW 1'. of the NW 1'. of Section 11, T5N
R20E, City of Muskego, Waukesha County, Wisconsin, recorded in the Register of Deeds for
Waukesha County on May 30, 2003 in Volume 88 of Certified Survey Maps at Pages 38-45,
inclusive, as Document No. 2997571, and Lot 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 1'. of Section
2, and the NW 1'. of the NW 1'. 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 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 210-214, inclusive, as
Document No. 2879711.
, and
WHEREAS, the Developer is required to make and install certain public improvements ("Improvements")
reasonably necessary for the Development according to municipal specifications without cost to City;
and Subdivider and City desire to amend the Subdividers Agreement executed June 4, 2003.
WHEREAS, On June 10, 2003 the. Public Works Committee approved new plans specifications
pertaining to Storm And Surface Water Drainage And Master Grading Plan, and
WHEREAS, the Developer and City desire to amend the Developers Agreement to address the revised
plans and improvements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
SECTION III: IMPROVEMENTS
Section III C of the Developers Agreement executed June 4, 2003 is amended by deleting the
existing seven (7) numbered paragraphs and replacing them as follows:
.~ C. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Construct, install, furnish and provide on site and off site facilities on the Property, @F! Cil'" @v:F!så
O!'!tl@t 1 @f C~M 93JJ, and within Sandalwood Drive right-of-way as approved by the Director of
Engineering and Building and Public Works Committee on January 27, 2003 and as amended June
AMENDMENT NO.1
Page 2
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10, 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.
2. Grade and improve the Property 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 an Amended and Restated Declaration of Storm
Water Drainaae Easement and Maintenance Aareement for the Property prior to recording this
Agreement which addresses storm water management needs of the Property, and which is
incorporated by reference in the Consolidated Retention Pond Maintenance Agreement executed by
MRED (Residential! Moorland) Associates, LP.
5. Execute and record a Consolidated Retention Pond Maintenance Agreement 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 and June 10,
2003 relating to privately owned storm water appurtenances, and provide proof of recording prior to
sale of condominium units in the Property.
. 6. 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.
SECTION XIII : BUILDING AND OCCUPANCY PERMITS
Section XIII the Developers Agreement executed June 4, 2003 is amended by deleting item #5.
RELATION TO JUNE 4. 2003 SUBDIVIDERS AGREEMENT
Except as modified by this Amendment No.1, all provisions of the Subdividers Agreement
executed June 4, 2003 remain in full force and effect.
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AMENDMENT NO.1
Page 3
PARTIES TO AMENDMENT NO.1
. IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers
and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
MRED (RESIDENTIAL I MOORLAND) ASSOCIATES, A WISCONSIN LIMITED PARTNERSHIP
By:
MRED(Residentiall Moorland), Inc. its sole general partner
Mark Redmond, President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
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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 original counterparts on the date and year first written
above.
. B. City Of Muskego:
BY:
Mark A. Slocomb, Mayor
BY:
Jean K. Marenda, City ClerklTreasurer
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 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
authority and pursuant to the authorization by the Common Council from their meeting on
the
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day of , 2003.
Notary Public-State of Wisconsin
My Commission Expires
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, AMENDMENT NO.1
Page 4
CERTIFICATION
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This is to certify that the foregoing is a true and correct copy of the Amendment No.1 to the
Developer's Agreement for MRED Planned Development District, Muskego, Wisconsin, as entered
into on the day of , 2003, by and between MRED (Residential I Moorland)
Associates, A Wisconsin Limited Partnership and the City Of Muskego, pursuant to the authorization
by the Common Council from their meeting on the day of , 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of ,2003.
(Notary Public)
My commission expires
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TERMINATION AGREEMENT
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MRED PLANNED DEVELOPMENT
RETENTION POND MAINTENANCE AGREEMENT #2
(Lands West of Moorland Road)
This Agreement is made and entered into this
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day of , 2003, by and between MRED
(Residential I Moorland) Associates, a Wisconsin limited Partnership, (hereinafter referred to as
"Residential Developer"), MRED (Janesville I Mooriand) 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"), Candlewood Village
Condominium Owners Association, 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 Residential Developer has received approval by the City of 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
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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 Develo'per, Commercial Developer, Bank, and Association entered
into an Agreement titled MRED PLANNED DEVELOPMENT RETENTION POND
MAINTENANCE AGREEMENT #2 (Lands West of Moorland Road) (the "Agreement")for use of a
regional stormwater management facility on iands 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
WHEREAS, Developer represents that they have recorded an Amended and Restated
Declaration of Storm Water Drainaqe Easement and Maintenance Aqreement for the
Commercial Parcels and Condominium Parcels prior to recording this Agreement,
executed by owners of all Commercial Parcels including but not limited. to Bank, ALDI,
Inc. and Association.
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NOW THEREFORE, In consideration of the mutual covenants and agreements IT IS
AGREED, that this terminates in its entirety the executed, unrecorded, document titled
MRED Planned Development Retention Pond Maintenance Aqreement #2 (Lands West
of Moorland Road) and agrees that the City may enter into a Consolidated Retention
Pond Maintenance Agreement and Stormwater Management Plan with Residential
Developer.
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MRED Planned Development
Termination Agreement: Retention Pond Maintenance Agreement #2 (Lands West of Moorland
Road)
Page 2
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MRED Planned Development
Termination Agreement: Retention Pond Maintenance Agreement #2 (Lands West of Moorland
Road)
Page 3
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 WISCONSIN LIMITED PARTNERSHIP
By:
MRED(ResidentialiMoorland), Inc. its sole general partner
Mark Redmond, President .
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
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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 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 WISCONSIN LIMITED PARTNERSHIP
By:
MRED(JanesviIIe/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 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.
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MRED Planned Development
Termination Agreement: Retention Pond Maintenance Agreement #2 (Lands West of Moorland
Road)
Page 4
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
SANDALWOOD VILLAGE CONDOMINIUM ASSOCIATION, INC.
By:
Mark Redmond
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
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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
Termination Agreement: Retention Pond Maintenance Agreement #2 (Lands West 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 authority and pursuant to the authorization by the Common Council
from their meeting on the
-
day of , 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 Termination Agreement:
Retention Pond Maintenance Agreement #2 for MRED Pianned Development Property, Muskego,
Wisconsin, as entered into on this day of , 2003 by and between MRED
(Residential I Moorland) Associates LP, MRED (Janesville I Moorland) Associates LP, M&I
Marshall & IIsley Bank, Sandalwood Village Condominium Association, Inc. and the City of
Muskego, pursuant to the authorization by the Common Council from their meeting on the _day of _,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
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MRED PLANNED DEVELOPMENT DISTRICT
CONSOLIDATED RETENTION POND MAINTENANCE AGREEMENT
. This Agreement is made and entered into this
-
day of , 2003, by and between
MRED (Residential I Moorland) Associates, A Wisconsin Limited Partnership,
(hereinafter referred to as "Developer"), Candlewood Village Condominium Owners
Association, Inc, and non-stock, non-profit corporation (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 received approval by the City of certain improvement
plans for MRED Planned Development District, 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 JI.i of the SW JI.i 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 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 JI.i of the SW JI.i 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
.
Lot One (1) and Lot Two (2) of Certified Survey Map No. 9578, being a redivision of All of Lot 1
(1) of Certified Survey Map No. 9462, being a part of Lot Two (2) of Certified Survey Map No.
9332 located in the SW JI.i of the SW JI.i of Section 2, and the NW JI.i of the NW JI.i of Section 11,
T5N R20E, City of Muskego, Waukesha County, Wisconsin, recorded in the Register of Deeds
for Waukesha County on May 30, 2003 in Volume 88 of Certified Survey Maps at Pages 38-45,
inclusive, as Document No. 2997571, and Lot 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 JI.i of the SW JI.i of
Section 2, and the NW JI.i of the NW JI.i 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 JI.i of the SW JI.i 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").
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 executed Developers Agreements and Retention Pond Maintenance
Agreements improvement plans call for the construction of storm water retention ponds
within the Property; and City and Developer desire to amend said documents, 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
MRED Planned Development District
Consolidated Retention Pond Maintenance Agreement
Page 2
. WHEREAS, The 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 on the 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
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 an Amended and Restated Declaration of
Stormwater DrainaQe Easement and Maintenance AQreement, as 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
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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.
,
MRED Planned Development District
Consolidated Retention Pond Maintenance Agreement
Page 3
. 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
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.
.
.
.
MRED Planned Development District
Consolidated Retention Pond Maintenance Agreement
Page 4
SECTION V : RELATION TO EXECUTED AGREEMENTS
1. This Agreement supercedes in its entirety the executed, unrecorded, document
titled MRED Planned Development Retention Pond Maintenance Aqreement #1
(Lands East of Moorland Road).
2. This Agreement supercedes in its entirety the executed, unrecorded, document
titled MRED Planned Development Retention Pond Maintenance Aqreement #2
(Lands West of Moorland Road).
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.
SECTION VII : 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 / MOORLAND) ASSOCIATES, A
PARTNERSHIP
WISCONSIN LIMITED
By:
MRED{Residential/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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.
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MRED Planned Development District
Consolidated Retention Pond Maintenance Agreement
Page 5
CANDLEWOOD VILLAGE CONDOMINIUM OWNERS ASSOCIATION, INC.
By:
Mark Redmond
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 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
WAUKESHA 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 authority and
pursuant to the authorization by the Common Council from their meeting on the
-
day
of June, 2003.
Notary Public, Waukesha County, Wisconsin
My commission expires
"
,
.
.~
'~ ~
MRED Planned Development District
Consolidated Retention Pond Maintenance Agreement
Page 6 .
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Consolidated
Retention Pond Maintenance Agreement #1 for MRED Planned Development Property,
Muskego, Wisconsin, as entered into on this day of , 2003 by and
between MRED (Residential/Moorland) Associates LP, Candlewood Village
Condominium Owners Association, Inc, and the City of Muskego, pursuant to the
authorization by the Common Council from their meeting on the day of June,
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