CCR2003263AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #263-2003
,
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Lindale Estates
WHEREAS, A Final Plat was submitted on October 1, 2003 for Lindale Estates located in the SW % of Section 3 to create 9 residential parcels; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 137- 2003; and
WHEREAS, The Subdivider's Agreement, as amended, and Letter of Credit have been received for Lindale Estates and the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the Final Plat for Lindale Estates, subject to approval of the City Engineer and all objecting and approving agencies, receipt of all fees as provided in Section 18.14 of the Land Division Ordinance, any special assessments which may be due, and the conditions outlined in Resolution #P.C. 137- 2003.
BE IT FURTHER RESOLVED That the Subdivider's Agreement, as amended, and Letter of Credit for Lindale Estates, as attached, are hereby approved subject to approval of the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) days of the date of approval of this Resolution or the same will be null and void.
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BE IT FURTHER RESOLVED That a digital file of this final plat shall be submitted to the City in accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City, and that the Mayor, in consultation with the City Attorney, may make any necessary technical corrections.
DATED THIS 9th DAY OF DECEMBER, 2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Pettalski
Ald. Nancy C. Salentine
Ald. Eric Schroeder
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This is to certify that this is a true and accurate copy of Resolution #263-2003 which was adopted by the Common Council of the City of Muskego.
rt:Þl~- CI -Treasurer 12103jmb
.--
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Letter of Credit No. 2246
Amount: $312,000.00
Applicant: Lindale Estates
Lindemann-Greg, Inc.
13555 W. Deer Park Ct., Ste 100
New Berlin, WI 53151
N VOID
Beneficiary: City of Muske go
POBo749
W182 S82oo Racine Ave.
Muskego, WI 53150
Dear Sirs:
We hereby issue this irrevocable docJjmentary credit in your favor which is available by beneficiary's draft(s) at
sight drawn on State Financial Bank, NA. Each draft accompanying documents must state "Drawn Under State
Financial Bank, NA Documentary Credit No. 2246.
This Standby Credit is to provide a guarantee to the City of Muskego for the performance of Applicant
obligations under that certain agreement dated t between the City of Muskego and
Applicant. t>~~ 01- C\.-òSIV1" r-"'("'.
-
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that Applicant has failed to complete the
construction of subdivision improvements m accordance with said Agreement or otherwise comply with the
obligations of the Agreement. Said statement shall set forth the estimated amount necessary for the City of
Muskego to complete such improvements or otherwise comply with the obligations of the Agreement.
\41 LL- ß r ì.r ('\'\ Ù\'""Í1-15
SPECIAL CONDITIONS: ~ rfor" l>~~ cJf CL.cJS"\J-I"
This Standby Credit will eon th 5 day of November,C2.QD4 provided, however, State Financial Bank, ~
NA shall give writte otice to the ficiary of its intention to terminate this standby credit at ninety (90) days
prior to the ~y of November, 00 . After said date, this Letter of Credit can only terminate upon ninety
(90) days written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and
such reference shall not be construed in any manner to required State Financial Bank, NA, to inquire into its
terms and obligations.
We encourage with you that drafts drawn under and in compliance with the terms of this credit will be duly
honored if presented on or before the expiration date. This original Standby Credit must be submitted to us
together with any drawings hereunder for our endorsement of any payments effected by us and/or for
cancellation.
Sincerely,
STATE FINANCIAL BANK. NA ~p
PUBLIC IMPROVEMENT COST BREAKDOWN
LINDALE ESTATES
Beg. Bal ADJ. BAL.
# I ROAD CONSTRUCTION
a. Excavation to subgrade $1,000.00 $1,000.00
b. Stone base material $15,000.00 $15,000.00 -,
c. Bituminous base course pavement $26,000.00 $26,000.00
d. Bituminous surface course pavement $13,000.00 $13,000.00
e. Concrete pavement $0.00 $0.00
f. Other (Adjust Castings) $1,200.00 $1,200.00
g. Engineering Inspections $3,000.00 $3,000.00
$59,200.00 $0.00 $59,200.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading $20,000.00 $20,000.00
b. Drainage ditch construction $3,000.00 $3,000.00
c. Retention pond construction $25,000.00 $25,000.00
d. Parking area construction-incl pavement $0.00 $0.00
e. Tree & shrub plantings $9,000.00 $9,000.00
f. Landscaping as specified by City $0.00 $0.00
g. Erosion control $1,000.00 $1,000.00
h. Engineenng Inspections $3,000.00 $3,000.00
i. Other $0.00 $0.00
$61,000.00 $0.00 $61,000.00
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $500.00 $500.00
b. Terrace areas - in ROW $3,000.00 $3,000.00
c. Drainage ditches $2,000.00 $2,000.00
d. Retention ponds $3,000.00 $3,000.00
e. Areas as specified by City $0.00 $0.00
f. Engineering Inspections $1,000.00 $1,000.00
g. Other $0.00 $0.00
$9,500.00 $0.00 $9,500.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $14,000.00 $14,000.00
b. Interim Inlets-C&G $1,000.00 $1,000.00
c. Blvd./traffic islands $0.00 $0.00
d. Ditch inverts $0.00 $0.00
e. Engineering Inspections $3,500.00 $3,500.00
f. Other $0.00 $0.00
$18,500.00 $0.00 $18,500.00
Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
LINDALE ESTATES
Beg. Bal ADJ. BAL.
,.--
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes $36,000.00 $36,000.00
b. Laterals $11,000.00 $11,000.00
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 $5,500.00 $5,500.00
g. Other $0.00 $0.00
$52,500.00 $0.00 $52,500.00
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $21,000.00 $21,000.00
b. Hydrants & leads $5,000.00 $5,000.00
c. Water services $11,000.00 $11,000.00
d. Well & pumphouse $0.00 $0.00
e. Engmeering Inspections $4,500.00 $4,500.00
f. Other $0.00 $0.00
$41,500.00 $0.00 $41,500.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $18,000.00 $18,000.00
b. Catch basins & leads $5,000.00 $5,000.00
c. Culverts $0.00 $0.00
d. Sump Lines $13,000.00 $13,000.00
e. Headwallsldischarge structures $3,000.00 $3,000.00
..- f. Interim Inlets-Adjusting $500.00 $500.00
g. Engmeering Inspections $3,000.00 $3,000.00
h. Other $0.00 $0.00
$42,500.00 $0.00 $42,500.00
#8 SPECIALIMISC IMPROVEMENTS
a. Street lights $5,000.00 $5,000.00
b. Street signs $300.00 $300.00
c. Signs as specified by City $0.00 $0.00
d. Erosion ControlNegetation Retainage $10,000.00 $10,000.00
e. Other - Ag Use Penalty $3,000.00 $3,000.00
$18,300.00 $0.00 $18,300.00
#9 FEES
a. City administration $1,500.00 $1,500.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. Engineering-as built drawings for wls $6,500.00 $6,500.00
d. Legal $1,000.00 $1,000.00
e. Land acquisition $0.00 $0.00
f. Other $0.00 $0.00
$9,000.00 $0.00 $9,000.00
TOTAL PROJECT ESTIMATE $312,000.00 $0.00 $312,000.00
.- LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included $30,000.00
in total Project Estimate**
Page 2 of 2
Lindale Estates
Subdividers Agreement
Document Number Document Title
~
This Agreement, made this day of_, 2003 by and
between GP Development LLC (the "Subdivider") and the City
of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the
City a Final Plat for Lindale Estates Subdivision (the
"Subdivision"), a part of the lands described as:
A redivision of Parcel 1 and Outlot 1 of CSM No. 9618 located
in the SW % of the SE % of Section 4, T5N R20E, City of
Muskego, Waukesha County, Wisconsin, being 5.2965 acres,
more or less and hereinafter referred to as the "Subdivision",
and
Recording Area
Name and Return Address
City of Muskego
Planning Dept.
P.O. Box 749
Muskego, WI 53150
the Final Plat(s) of which will be recorded with the Register of
Deeds for Waukesha County and a copy of which is on file in the Tax Key No. 2169.987.001
Office of the City Clerk; and
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the
governing body of the City may require that the Subdivider make and install certain public improvements
reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or
other ways within the Subdivision, to be conditioned upon the construction of said improvements according
to municipal specifications without cost to said municipality; and
WHEREAS, The City's Engineers, the City's Public Works Committee, Public Utility Committee and
Finance Committee have duly approved, contingent of certain other approvals, Subdivider's plans and
specifications for subdivision improvements, and the City's Plan Commission and Common Council have
duly approved the final plat of the Subdivision contingent in part upon the execution and performance of
this Agreement by the Subdivider, and
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows:
SECTION I: PLATTING
1. This Subdivider's Agreement addresses the development of nine (9) parcels platted for single family
residential use, and one (1) outlot platted for open space and stormwater retention purposes, all being
under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of the RS-2 I
OPD Suburban Residence with Planned Development Overlay District.
2. Subdivider shall entirely at its expense:
a) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in
the amount required herein for the construction of improvements required by this Agreement. No
construction activity may commence until this Agreement has been executed and recorded, and the
This information must be completed by the submitter: document title, name & return address, and PIN (if required). Other information such as the
granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the document.
Note: Use of this cover page adds one page to your document and $2.00 to the recording fee.. Wisconsin Statutes, 59.517. WRDA 2/96
Letter of Credit has been tendered.
b) Concurrent with the execution of this Agreement, provide the City with title evidence acceptable to the
City Attorney showing that upon recording the Plat, the City will have good, indefeasible title to all-
interests in land dedicated or conveyed to the City by the Plat.
c) Within six (6) months of approval of this Agreement by the Common Council, the Subdivider shall
execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County Register
of Deeds, and shall provide City with evidence of recording.
d) Within six (6) months of approval by all approving authorities and waiver of objection by all objecting
authorities, the Subdivider shall cause the final plat the Subdivision to be executed and recorded, and
shall provide City with evidence of recording.
e) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
1. Subdivider and City agree that final platting and the installation of public and private improvements
described in Section III shall occur in one phase.
SECTION III: IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the-
Public Works Committee on November 25,2003 including off site improvements necessary to provide suet
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 subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of
their installation.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Construct, install, furnish and provide facilities as approved by the Director of Engineering and Building and
Public Works Committee on October 14, 2003 for storm and surface water drainage throughout the entire
Subdivision, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer
system, all in accordance with the plans and specifications on file in the Building and Engineering
Department. The City retains the right to require the Subdivider to install at its cost additional storm
drainage and erosion control measures prior to acceptance of improvements by the City of Muskego.
2. Grade and improve all lots in conformance with the Master Grading Plan as approved by the Director of
Engineering and Building and Public Works Committee on October 14, 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. Execute and record a 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 November 25, 2003 relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of lots in the Subdivision. Keep and maintain
all storm sewers, retention or detention ponds, and surface water drainage features which are outside of
the rights-of-way in perpetuity, as provided for in the Maintenance Agreement.
C. SANITARY SEWER:
1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system
throughout the entire Subdivision, and including off site improvements necessary to provide such system,
as approved by the Director of Engineering and Building and the Public Utilities Committee on November
25, 2003 all in accordance with the plans, specifications and drawings on file in the City Building and
Engineering Department.
2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list items
concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer
systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering and
Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the issuance of
building permits, and acceptance of improvements by the City.
D. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the entire Subdivision, as approved by the Director of Engineering and Building and
Public Utilities Committee on November 25, 2003 and in accordance with the plans and specifications on
file in the City Building and Engineering Department.
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 Director of Engineering and Building, any remaining punch list items
concerning the water system prior to the connection of any structure to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing
the Subdivision improvements. Replace trees in accordance with plans to be approved by the Plan
Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and
all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego land Division
Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated
March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with plans to be
approved by the Planning Director and Plan Commission prior to the release of occupancy permits.
r
.
F. EROSION CONTROL MEASURES:
1. Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion Control Plan-
as approved in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinanc
by the Director of Engineering and Building and Public Works Committee on October 14, 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 in specified areas of the Subdivision, in accordance with the Erosion Control Plan as approved
by the Director of Engineering and Building and Public Works Committee on October 14, 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.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative cover is
established in the Subdivision. Install mulching and seeding of all disturbed areas to comply with 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 as described herein,
shall be completed by the Subdivider within one (1) year from signing of this Agreement or except if an earlier:...
date is provided for in the Agreement. The final surface course of pavement may be deferred until nine'
percent (90%) of the homes have been completed, or 36 months after the installation of the first lift of asphalt,
whichever comes first.
If the final surface course of pavement, is not completed within twelve (12) months of the date of this
Agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as
the final surface course of pavement is completed.
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface
course pavement, such notice shall be considered a failure to complete improvements in accordance with this
agreement and shall entitle the City to immediately draw against the Letter of Credit.
SECTION V: AS-BUILT CONSTRUCTION PLANS AND DIGITAL FILES
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to be
dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation and
distribution of as-built data, including collection of data, revisions to construction documents and upload of data
to City's Geographic Information System, and City may utilize Subdivider's Developers Deposit account for all
charges related hereto.
Subdivider authorizes the City to convert digital files submitted by Subdivider 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. Subdivider agrees to reimburse City for all costs incurred in said conversions and
City may utilize Subdivider'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, Subdivider shall, without charge to the City, upon
- ~ompletion of the above described improvements, unconditionally give, grant, convey and fully dedicate the
dtreets, sanitary sewers, water mains, storm water drainage facilities (excluding those facilities which are to be
owned and maintained by Owners Associations) 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 of 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 Subdivider shall not be considered a reason for the City to accept substandard
materials or work.
At such time as all improvements are completed and acceptable as called for under this Agreement, and all
approvals have been received from regulatory agencies, such improvements shall be accepted by the City by
separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha County Register of
Deeds.
The City shall have the right to connect to or integrate other utility facilities with the improvements provided
herein without payment, award, or consent required of the Subdivider.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with
Section 18.14 of.the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any
event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred
by the City prior to and following the date hereof in connection with or relative to the construction, installation,
dedication and acceptance of the improvements covered by Section 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 Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Director of Building
and Engineering prior to the Final Plat being signed, provided such easements are along lot lines or to the
rear of the lots and are not any more restrictive to the building of homes beyond the applicable side yard
and offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
-1. Municical 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 Subdivider 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 fault}
materials or workmanship provided that such defects appear within a period of one (1) year from the date of
acceptance. The Subdivider shall pay for any damages to City property resulting from such faulty materials or
workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship
or materials. Wisconsin law on negligence shall govern such situation.
SECTION 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, Subdivider shall indemnify and save harmless, and agrees to accept tender
of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other
expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and
employees, and independent contractors growing out of this agreement as stated above by any party or parties
except those claims asserted by Subdivider against City, its officers, agents and employees in an effort to
enforce this Agreement. The Subdivider shall also name as additional insured on its general liability insurance
the City, its officers, agents, and employees, and any independent contractors hired by the City to perform
service as to this Subdivision and give the City evidence of the same upon request by the City.
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims, damages, losses, and expenses,
including attomey's fees arising out of or resulting from the performance of the Work, providing that any
such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or
to injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the
-
Subdivider, its officers, agents, independent contractors, and employees or anyone for whose acts any
of them may be made liable, regardless of whether or not it is caused in part by a party indemnified
herein. A claim for indemnification under this section shall be conditioned upon the City giving to the
Subdivider, within five (5) business days of receiving the same, written notice of any such claim made
against the City for which indemnification is sought, and if requested to do so by Subdivider's insurance
carrier, the City shall tender the defense of such claims to the Subdivider's insurance carrier. In any
and all claims against the City, its officers, agents, independent contractors, and employees by the
Subdivider, its officers, agents, independent contractors, employees, and anyone directly or indirectly
employed by any of them or anyone for whose acts any of they may be held liable, the indemnification
obligation under this section shall not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for the Subdivider, its officers, agents, independent
contractors, employees under Workers' Compensation Acts, disability benefit acts, or other employee
benefit acts.
b) Personal 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 Subdivider shall indemnify, defend, and hold City
and its officers, agents, independent contractors, and employees harmless from any claims, judgments,
damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and
experts) that arise as a result of the presence or suspected presence in or on the real property
dedicated or conveyed to the City by, under, pursuant to, or in connection with the Plat and this
-
Agreement (including but not limited to street right-of-way) of any toxic or hazardous substances arising
from any activity occurring prior to the acceptance of all improvements. Without limiting the generality
of the foregoing, the indemnification by the Subdivider shall include costs incurred in connection with
any site investigation or any remedial, removal, or restoration work required by any local, State, or
Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Subdivider of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Subdivider shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws.
d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars
($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem
reasonable). Such policy shall cover both Subdivider and the City and its agents, employees, and
officials, and all insurers shall agree not to cancel or change the same without at least thirty (30)
days written notice to the City. A certificate of Subdivider's insurance shall be furnished to the City
upon execution of this Agreement. Each such policy shall provide that no act or default of any
person other than the City or its agents shall render the policy void as to the City or effect the City's
right to recover thereon.
SECTION XI : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be
for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work required by Section
III ofthis Agreement.
SECTION XII : CONSTRUCTION PERMITS. ETC.:
.r-The City shall, within its authority:
1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit
the Subdivider to construct the improvements in accordance with the plans and specifications called for by
this agreement, upon Subdivider's compliance with any deposit provisions or other requirements of the
applicable ordinances or regulations.
2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the
previous described improvements in any public street or public property.
3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Subdivider or their nominee successors or assigns, permits for the construction of
single 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
homes until the Director of Engineering and Building has determined that:
1. The sanitary sewer, water and suñace water drainage facilities required to serve such homes, including
off-site water mains addressed by separate Agreement, are connected with an operational system as required herein, and installation of the bituminous concrete base course pavement, and recreation trail,
has been properly installed, and
2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and Building,
and
3. Certification is provided to the Director of Engineering and Building by a Registered Land Surveyor that
all lot grades conform to the Master Grading Plan, and
-'-
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Plannin~
Director.
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Planning Director has determined that:
5. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
6. Landscape Plans as required by Section III E (4) of this Agreement have been approved.
SECTION XIV. FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider shall file
with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney and Finance
Committee on December 3,2003 in the amount of $312,000.00 as a guarantee that the required plans and
improvements will be completed by the Subdivider and his subcontractors no later than one (1) year from
signing of the Agreement, except if another date is provided within this Agreement and as a further
guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied.
a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter of
Credit, but attributable to the subject development shall be provided to the City.
b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Director of Engineering and
Building with a written request accompanied by: invoices for work completed for which a release is-
being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown forrr
and signed original lien waivers for all work which is subject of release request. The Director ot
Engineering and Building will process all requests in accordance with pOlicies adopted by the Finance
Committee, as may be amended from time to time.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a ten thousand dollar ($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.
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 Subdivision. This provision constitutes the
Subdivider's consent to the installation by the City of all improvements required by this Agreement and
constitutes the Subdivider's waiver of notice and consent to all special assessment proceedings as
described in Sec. 66.60 (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.
SECTION XV. PARTIES BOUND:
Subdivider 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
-
'or the proper design and installation of streets improvements, drive and parking areas, water facilities,
drainage facilities, ditches, landscaping and all other improvements shall be the Subdividers. The fact that the
City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or
relieve the Subdivider from ultimate responsibility for the design, performance, and function of the
Development and related infrastructure.
SECTION XVI . AMENDMENTS AND ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the City. The City and the Subdivider,
by mutual consent, may amend this agreement, by written agreement between the City and the Subdivider.
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, to all parties as follows:
To City:
Planning Department
City of Muskego
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
r To Subdivider:
GP Development
13555 Deer Park Court Suite 100
New Berlin, WI 52151
All 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.
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 .
SECTION XVII: PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above.
A. GP DEVELOPMENT LLC
By:
Gregory J. Petrauski
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
-
day of , 2003, Gregory J. Petrauski to me known to be the
- person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals
to be hereunto affixed in duplicate original counterparts on the date and year first written above.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb, Mayor
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 by its authority and pursuant to the authorization by the Common Council
from their meeting on the day of , 2003.
Notary Public-State òf Wisconsin
My Commission Expires
CERTIFICATION
-
\
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Stonebridge
Subdivision, Muskego, Wisconsin, as entered into on the _day of , 2003, by and between GP
Development LLC 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, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day , 2003.
My commission expires
This instrument drafted by Brian Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
-,
Lindale Estates
Stormwater Management
Agreement
Document Number Document Title
r
~~iSi:i'0'j Ilvll~ is ma~~ ~~~ ~n~~:~~n~J-~~~=~ent llC,
(hereinafter referred to as "Subdivider"), the incorporated
Lindale Estates 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 City has approved the plat of Lindale Estates
(the "Property") and the construction of storm water retention
ponds within an outlot and within easements on the Property;
and
Recording Area
Name and Return Address
City of Muskego
Planning Dept.
P.O. Box 749
Muskego, WI 53150
WHEREAS, Said Property is legally described as: A redivision
of Parcel 1 and Outlot 1 of CSM No. 9618 located in the SW
% of the SE % of Section 4, T5N R20E, City of Muskego,
Waukesha County, Wisconsin, being 5.2965 acres, more or less
and hereinafter referred to as the "Subdivision", and
Tax Key No. 2169.987.001
WHEREAS, The Subdivider has received various City permits, Army Corps of Engineers permits, and
Wisconsin Department of Natural Resources permits hereinafter referred to as DNR permits to construct
Lindale Estates Subdivision; and
WHEREAS, Lindale Estates Subdivision is 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 in Lindale Estates Subdivision to minimize flooding and sediment
migration to Big Muskego lake and adjacent wetlands and other tributary properties and to prevent rough
fish propagation and reintroduction into Big Muskego lake; and
WHEREAS, The Subdivider has established Lindale Estates Owners Association consisting of the owners
of Parcels 1-9 inclusive, hereinafter referred to as the "Association", which shall become the owner of a
certain outlot and a party to certain easements upon recording of the final plat and the Lindale Estates
Declarations of Protective Covenants. Upon completion of the storm water retention ponds the Association
shall be responsible for the maintenance of the retention ponds constructed thereon; and
WHEREAS, the City intends to reserve the right to enforce the requirement that the storm water retention
pond areas are maintained in a manner consistent with DNR requirements and with this agreement and the
storm water management plan dated November 25, 2003, on file in the offices of the City of Muskego
Building Department as required by the City of Muskego Storm Water Management ordinance;
r
,
This infonnation must be completed by the submitter: document title, name & return address, and PIN (if required). Other information such as the
granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the document.
Note: Use of this cover page adds one page to your document and $2.00 to the recordine: fee.. Wisconsin Statutes, 59.517. WRDA 2/96
NOW THEREFORE, in consideration of the mutual covenants and agreements.
IT IS AGREED, as follows:
1. The Association, unless otherwise provided for in the Storm Water Management Plan, shall be responsibl
for maintenance of the storm water management measures.
2. The Association shall maintain the storm water management measures in accordance with the approved
Storm Water Management Plan dated November 25, 2003 on file in the offices of the City of Muskego
Building Department as required by the City of Muskego Storm water Management Ordinance.
3. The City of Muskego is authorized to access the Property to conduct inspections of storm water practices
as necessary to ascertain that the practices are being maintained and operated in accordanæ with the
approved storm water management plan.
4. The Association, on an annual basis, shall provide maintenance of each storm water management
measure, including but not limited to, removal of debris, maintenance of vegetative areas, maintenance of
structural storm water management measures and sediment removal.
5. Upon notification to the Association, by the City of Muskego, of maintenance problems which require
correction, the specified corrective actions shall be taken within a reasonable time frame as set by the City
of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified in the inspection report if the
Association does not make the required corrections in the specified time period. The costs and expenses
shall be entered on the tax roll as a special charge or special assessment against Lots 1-9 inclusive on an
equal basis and collected with any other taxes levied thereon for the year in which the work is completed.
7. The Subdivider shall deposit in a segregated account with the City one thousand five-hundred dollar-
($1,500.00) to cover the estimated costs associated with the pond draw downs necessary for the first fiv.
(5) years. Upon commencement of the sixth (6) year, and continuing in each year thereafter, the City shall
invoice the Lindale Estates Owners Association 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.
8. 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 Association. Costs not paid shall be placed in equal amounts as a
special assessment or special charge on the tax bills for the residential lots. If the Owners Association has
not been released by Subdivider upon commencement of the sixth (6) year, the Subdivider shall deposit a
minimum of one thousand dollars ($1,000.00) per year for each year said release does not occur, plus any
additional costs as deemed necessary by the City.
9. This document is a part of the Lindale Estates Subdivider'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.
.- \
IN WITNESS WHEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above.
A. GP DEVELOPMENT LLC
/. By:
Gregory J. Petrauski
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2003 Gregory J. Petrauski 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, the incorporated Lindale Estates Home Owners Association, Inc. 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. LlNDALE ESTATES OWNERS ASSOCIATION, INC.
By:
r-- GP Development LLC
Gregory J. Petrauski
STATE OFWISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me this day of ,2003, Gregory J. Petrauski, me known to be
the persons who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
r-
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 OFWISCONSIN}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 , 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 for
Lindale Estates Subdivision, Muskego, Wisconsin, as entered into on this day of ,2003 by and
between GP Development LLC, the incorporated Lindale Estates Owners 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
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #263-2003
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, AND LETTER OF CREDIT
Lindale Estates
WHEREAS, A Final Plat was submitted on October 1, 2003 for lindale Estates located in the
SW % of Section 3 to create 9 residential parcels; and
WHEREAS, The Plan Commission has recommended
2003; and
proval through Resolution #P.C. 137-
WHEREAS, The Subdivider's Agreement and Lett of C
Estates and the Finance Committee has recom nded a
NOW, THEREFORE, BE IT RESOLVED Tha e C Council of the City of Muskego,
upon the recommendation of the Plan Com ssion, hereby approve the Final Plat for
lindale Estates, subject to approval of the ity En in r and all objecting and approving
agencies, receipt of all fees as provided i Sectio .14 of the Land Division Ordinance, any
special assessments which may be due and th 0 ditions outlined in Resolution #P.C. 137-
2003.
BE IT FURTHER RESOLVED That e Sub' i r's Agreement and Letter of Credit for lindale
Estates, as attached, are hereby prove' ect to approval of the City Attorney and City
Engineer, all of said approvals to e obtai e within thirty (30) days of the date of approval of
this Resolution or the same will null an aid.
- i al file of this final plat shall be submitted to the City in
.
ance #1118 and Resolution #196-2002.
BE IT FURTHER RESO ED at he Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary doc ments n e name of the City, and that the Mayor, in consultation with
the City Attorney, ma make a necessary technical corrections.
DATED THIS ,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 #263-2003 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
(' 12103jrnb