CCR2004037COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #037-2004
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT, STORMWATER
MANAGEMENT AGREEMENT AND LETTER OF CREDIT
Stonebridge Subdivision
WHEREAS, A Final Plat was submitted on October 7, 2003 by Harmony Homes, Inc. for
Stonebridge Subdivision located in the NW % of Section 25 to create 43 residential parcels; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 138-
2003; and
WHEREAS, The Subdivider's Agreement, Stormwater Management Agreement, and Letter of
Credit have been received for Stonebridge Subdivision 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
Stonebridge Subdivision, 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. 138-2003.
BE IT FURTHER RESOLVED That the Subdivider's Agreement, Stormwater Management
Agreement and Letter of Credit for Stone bridge Subdivision, 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.
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 24th DAY OF February ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalskí
Ald. Nancy C. Salentine
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #037-2004 which was
adopted by the Common Council of the City of Muskego.
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,
~erk-Treasurer /
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U~f~OfZUU4 13:18 FAX 4142832340 ASSOCIATED BANK I4J 002
NON~NEGOTIABLE DRAFT FOR DISCUSSION PURPOSES ONLY
IRREVOCABLE STANDBY LEITER OF CREDIT NO.
Issue Date:
Amount: $1,128,559.00 (ODé Million One Hundred Twenty-Eight Thousand Five Hundred Fifty-
N'me and 00/100 V.s. Dollars)
BENEFICIARY:
City of Muske go
Post Office Box 749
W182 S8200 Racme Ave.
Mus1cego, WI 53150-0749
APPUCANT:
Humony Homes. Inc.
Attn: Tim StyZa
2727 N. Grandview Blvd., Suite loo
Waukcsba, W153187
Dear Sir or Madam:
We hereby issue our Irrevocable S13ndby Letter of Credit No. -
iD your favor which is available by
beneficiary's draft(s) at sight drawn on Associated Bank, N.A. Each draft accompanyíng documew must
state "Drawn under Associated Bank, N.A. Irrevocable Standby utter of Credit No. -".
This Standby Credit is to provide 8 guarantee to the City of Muske go for the performance of AppliC<lnt's
obligations under that certain agreement dated , 20- . (Date of closing meeting with the City)
between the City of Muskego and Applicaut.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement dated and pmported1y signed by the Mayor of the City of Muske go stating thBt Applicant has
failed to complete the con.stru.ctjon of subdivision improvemenTS in accordance with said Agreement or
otherwise comply witb the obligations of the Agreement. Said statement shall set forth the estimated
amount necessary for the City of Muske go to complete such improvements or otherwise comply with the
oòligations of the Agreement.
SPECIAL CONDmONS:
This Stmldby Letter of Credn will terminate on the _day of (must òe 15 months from date
of execution) provided, however, Associated Bank, N.A. shan give written notice to the beneficiary of its
mtention to temñnate this standby letter of credit at ninety (90) days prior to the _day of -.J_' After said dare, this letter of credit can omy terminate upon ~ty (90) days written notice to the
beneficiary.
It is hereby agreed by aU parties hereto that the reference to "Agreemenf' is for identification pUIpOses only
a1\d such reference shall not be construed in any manner to require Associated Bank. N.A., to inquire into
its terms and obligations.
We engage with you that drafts drawn onder and in compliance with the te1'Jm of rhis credit will be duly
honored if presented on OT before the expiration date. 1111$ original Standby Letter of Credit, and any
subsequent ame1\d.ments heretO must be submitted to us c/o Associated BaTik:, NA., 401 E. Kilbourn Ave.,
Milwaukee, WI 53202, Attn: International Banking, tOgether with any drawings bereuIl!ll:r for our
endorsement of any payments effected by us and/or for cancella.tiQ1l.
ASSOCIATED BANK. N.A.
By:
Bruce R. Tate, Vice President
PUBLIC IMPROVEMENT COST BREAKDOWN
STONEBRIDGE
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes
b. Laterals
c. Dumping station & Generator
d. Force main
e. Grinder pumps &chamber-indiv dwelling
f. Engineering Inspections
g. Other
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering Inspections
f. Other
#7 STORM SEWER SYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Drain tile
e. Headwalls/discharge structures
f. Engineering Inspections
g. Other
#8 SPECIAlJMISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion ControWegetation Retainage
e. Other - Ag Use Penalty
#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for wls
d. Legal
e. Land acquisition
f. Other
TOTAL PROJECT ESTIMATE
LETTER OF CREDIT AMOUNT
Engineering**Total engineering Costs included
in total Project Estimate**
Beg. Bal ADJ. BAL.
$37] ,205.00 $371,205.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00,
$8,500.00 $8,500.06
$0.00 $0.00
$379,705.00 $0.00 $379,705.00
$]44,141.00 $]44,]41.00.
$0.00 $0.00'
$0.00 $0.ò6
$0.00 $0.00
$7,000.00 $7,000.00
$0.00 $0.00
$]5],]41.00 $0.00 $]5],]41.00
$158,194.00 $158,194.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$8,200.00 $8,200.00
$0.00 $0.00
$]66,394.00 $0.00 $]66,394.00
$5,000.00 $5,000.00
$900.00 $900.00
$0.00 $0.00
$30,000.00 $30,000.00
$0.00 $0.00
$35,900.00 $0.00 $35,900.00
$3,000.00 $3,000.00
$0.00 $0.00
$25,450.00 $25,450.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$28,450.00 $0.00 $28,450.00
$1,128,559.00 $0.00 $1,]28,559.00
$66,350.00
Page 2 of 2
rUULlL- IMrKUV l:Ml:N 1 L-U:S 1 tlKl:AKlJUW N
STONEBRIDGE
#1 ROAD CONSTRUCTION
a. Excavation to subgrade
b. Stone base material & bituminous base course pavement
c. N/A
d. Bituminous surface course pavement
e. Concrete pavement
f. Other
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl pavement
e. Tree & shrub plantings
f. Landscaping as specified by City (Prairie Grass)
g. Erosion control
h. Engineering Inspections
i. Other (Wetland Crossing)
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area
b. Terrace areas - in ROW
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering Inspections
g. Other
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Sidewalk
c. Blvd.ltraffic islands
d. Ditch inverts
e. Engineering Inspections
f. Other (Interim Inlets)
Beg. Bal
$21,258.00
$90,097.00
$0.00
$23,360.00
$0.00
$0.00
$6,200.00
$140,915.00
ADJ. BAL.
$21,258.00
$90,097.00
$0.00
$23,360.00
$0.00
$O.qo
$6,200.00
$0.00 $140,915.00
$100,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$8,250.00
$3,500.00
$30,000.00
$0.00 $141,750.00
$0.00
$29,340.00
$0.00
$0.00
$0.00
$3,500.00
$0.00
$0.00 $32,840.00
$41,164.00
$0.00
$0.00
$0.00
$4,000.00
$6,300.00
$0.00 $51,464.00
$100,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$8,250.00
$3,500.00
$30,000.00
$141,750.00
$0.00
$29,340.00
$0.00
$0.00
$0.00
$3,500.00
$0.00
$32,840.00
$41,164.00
$0.00
$0.00
$0.00
$4,000.00
$6,300.00
$51,464.00
Page 1 of 2
v~v. ....... .u~..
Subdividers Agreement
Document Number Document Tit]e
This Agreement, made this day of_, 2004 by and
between Harmony Homes, Inc. (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 Stonebridge Subdivision (the
"Subdivision"), a part of the lands described as: Being a
redivision of Parcel A of CSM No. 98 and CSM No. 421 and
Recording Area
a part of the SW and SE X of the NW X of Section 25,
Township 5 North, Range 20 East, in the City of Muskego, Name and Return Address
Waukesha County, Wisconsin bounded and described as
follows: Commencing at the Southwest corner of said
Northwest X; thence N 0030'02" W along the West line of
said Northwest X Section 25, 228.05 feet to the point of
beginning of the lands to be described; thence continue N
0030'02" W along said West line, 1108.49 feet; thence N Tax Key Nos. 2258.993, 2258.993.001, and
8JD21'25" E, 1335.56 feet; thence S 0044'27" E, 7.88 feet; 2253.993.002
thence S 37020'25" W, 1358.51 feet; thence Southeast 132.74 feet along the arc of a curve whose
center is to the East,}whose radius is 150.00 feet, whose cord bearing is S 11059'20" E and a chord
distance of 128.45 feet; thence S 37020'25" E, 85.49 feet; thence S 63028'55" W, 15.22 feet; thence S
87009'21" W along the South line of said Northwest X Section 25, 872.76 feet; thence N 0044'27" W,
227.26 feet; thence S 87011'17" W, 1340.35 feet to the place of beginning. Said lands contains 48.26
acres more or less, more or less and hereinafter referred to as the "Subdivision", and
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 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
This infonnation must be completed by the submitter: document title, name & return address, and PIN (if required). Other infonnation 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
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 forty-three (43) parcels platted for sin9'"
family residential use, and four (4) outlots platted for open space and stormwater retention purposes,
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
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 January 26, 2004 including off site improvements necessary to provide such
roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as
approved by the Director of Engineering and Building and Public Works Committee as indicated in the
plans and specifications on file with the Engineering and Building Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of 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 Engineerin.g and Building and
Public Works Committee on January 26, 2004 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 January 26, 2004 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 January 26, 2004 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 January 19,
2004 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. Prior to executing this Agreement, Subdivider shall execute a recapture agreement acceptable to the City
for the extension of municipal water main to serve the Property.
2. 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 January 19, 2004 and in accordance with the plans and specifications on file
in the City Building and Engineering Department.
3. Apply for all necessary permits to use water from hydrants for construction permits, as may be required by
the City.
4. 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 existing structures, 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.
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 Ordinance
by the Director of Engineering and Building and Public Works Committee on January 26, 2004 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 January 26, 2004 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 COVE
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 ninety
.
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
completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the
streets, 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 thp
rear of the lots and are not any more restrictive to the building of homes beyond the applicable side YG
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.
3. Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by
reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if
set forth at length herein. This Agreement and all work and improvements required he~eunder 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 faulty
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 tendpr
of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and oU
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 attorney's fees arising out of or resulting from the performance of the Work, providing that any
such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or
to injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the
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 ()f
damages, compensation, or benefits payable by or for the Subdivider, its officers, agents, independ,
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 of this Agreement.
SECTION XII : CONSTRUCTION PERMITS, ETC.:
The City shall, within its authority:
.
1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit
the 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 surface 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, 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 Planning
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 (1) 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 'i
with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney and Finance
Committee on February 24, 2004 in the amount of $ 1,128,559.00 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 form,
and signed original lien waivers for all. work which is subject of release request. The Director of
Engineering and Building will process all requests in accordance with policies adopted by the Finance
Committee, as may be amended from time to time.
2. DEVELOPER'S DEPOSIT: The 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 st
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
for the proper design and installation of streets improvements, drive and parking areas, water facilities,
drainage facilities, ditches, landscaping and all other improvements shall be the 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 cons,titute 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
To Subdivider:
Harmony Homes, Inc.
2727 N. Grandview Blvd. Suite 100
Waukesha, WI 53187
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. 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. HARMONY HOMES, INC.
By:
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
-
day of , 2004,
who executed the foregoing instrument and acknowledged the same.
to me known to be the person
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 , 2004, 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 , 2004.
Notary Public-State of 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 , 2004, by and between Harmony Homes, 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, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day , 2004.
My commission expires
This instrument drafted by Brian Turk, Director of Planning - City of Muskego
PO Box 749 Muskego, WI 53150
""""'""""" '\A~'"
Stormwater Management
Agreement
Document Number Document Title
is made and entered into ~1!m:!î/(q~
by and between Harmony Homes, Inc,
(hereinafter referred to as "Subdivider"), the incorporated
Stone bridge 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 Stonebridge
(the "Property") and the construction of storm water retention
ponds within outlots and within easements on the Property;
and
Recording Area
WHEREAS, Said Property is legally described as: Being a
redivision of Parcel A of CSM No. 98 and CSM No. 421 and a
part of the SW and SE X of the NW % of Section 25, Township 5
North, Range 20 East, in the City of Muskego, Waukesha Tax Key No. 2169.987.001
County, Wisconsin bounded and described as follows:
Commencing at the Southwest corner of said Northwest X; thence N 0030'02" W along the West line of
said Northwest % Section 25, 228.05 feet to the point of beginning of the lands to be described; thence
continue N 0030'02" W along said West line, 1108.49 feet; thence N 87021'25" E, 1335.56 feet; thence S
0044'27" E, 7.88 feet; thence S 37020'25" W, 1358.51 feet; thence Southeast 132.74 feet along the arc of a
curve whose center is to the East, whose radius is 150.00 feet, whose cord bearing is S 11059'20" E and a
chord distance of 128.45 feet; thence S 37020'25" E, 85.49 feet; thence S 63028'55" W, 15.22 feet; thence
S 87009'21" W along the South line of said Northwest X Section 25, 872.76 feet; thence N 0044'27" W,
227.26 feet; thence S 87011'17" W, 1340.35 feet to the place of beginning. Said lands contains 48.26 aCres
more or less, and
Name and Return Address
City of Muskego
Planning Dept.
P.O. Box 749
Muskego, WI 53150
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
Stonebridge Subdivision; and
WHEREAS, Stonebridge 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 Stone bridge 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 Stonebridge Owners Association consisting of the owners of
Parcels 1-43 inclusive, hereinafter referred to as the "Association", which shall become the owner of certain
outlots and a party to certain easements upon recording of the final plat and the Stonebridge Declarations
of Protective Covenants. Upon completion of the storm water retention ponds the Association shall be
This information must be completed by the submitter: document title, name & return address, and PIN (ifrequired). Other information such as the
granting clauses, legal description, etc. may be pJaced 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, 59517. WRDA 2/96
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 January 26, 2004, 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:
1. The Association, unless otherwise provided for in the Storm Water Management Plan, shall be responsible
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 January 26, 2004 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 accordance 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 two thousand five-hundred dollars
($2,500.00) 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 Stonebridge 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 Stonebridge 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. HARMONY HOMES
By:
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2004
person who executed the foregoing instrument and acknowledged the same.
to me known to be the
Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS WHEREOF, the incorporated Stonebridge 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. STONEBRIDGE OWNERS ASSOCIATION, INC.
By:
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
PERSONALLY came before me this day of , 2004,
persons who executed the foregoing instrument and acknowledged the same.
, me known to be the
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 ClerkfTreasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
Personally came before me this day of , 2004, the above named Mark A. Slocomb, Mayor
and Jean Marenda, City ClerkfTreasurer, 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
ClerkfTreasurer 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 , 2004.
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
Stonebridge Subdivision, Muskego, Wisconsin, as entered into on this day of , 2004 by and
between Harmony Homes, Inc., the incorporated Stonebridge Owners Association, Inc. and the City of
Muskego, pursuant to the authorization by the Common Council from their meeting on the day of -' 2004.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerkfTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this
-
day of , 2004.
Notary Public, Waukesha County, Wisconsin
My commission expires