CCR2004132.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #132-2004
APPROVAL OF CONDOMINIUM PLAT, DEVELOPER'S AGREEMENT AND
LETTER OF CREDIT
St. Andrew's Village Condominiums
WHEREAS, A Condominium Plat was submitted on April 16, 2004 by Burke Properties for the
St. Andrews Village Condominiums located in the NW 1/4 of Section 25 to create 48 single-
family condominium units; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 051-
2004; and
WHEREAS, St. Andrews Village Condominiums is a three-phase development and although
the Condominium Plat is for all three phases, the Subdivider's Agreement and Letter of Credit
amount herein are only for Phase I of said development; and
WHEREAS, The Subdivider's Agreement, and Letter of Credit amount have been received for
the St. Andrews Village and the Finance Committee has recommended approval for Phase I.
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 Condominium
Plat for the St. Andrews Village Condominiums, 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. 051-2004 and the conditions stated below.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit amount for
the St. Andrews Village Condominiums, 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 St. Andrews Village Condominiums is a three-phase
development and although the Condominium Plat is for all three phases, the Subdivider's
Agreement and Letter of Credit amount herein are only for Phase I of said development.
BE IT FURTHER RESOLVED Approval of the Condominium plat as to Phase II and Phase III is
conditioned upon the Developer obtaining all necessary City approvals as to Phase II and
Phase. III including, but not limited to, Subdivider's Agreements and Letters of Credit approved
by Common Council on or before August 9,2005 for Phase II and August 8,2006 for Phase III
and City receiving Developer's written agreement to these conditional approvals prior to City
accepting the Condominium Plat.
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 10th DAY OF Auqust ,2004.
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Reso. #132-2004 Page 2
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #132-2004 which was
adopted by the Common Council of the City of Muskego.
8/04jm
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St. Andrew's Village Developer's Agreement
MUSKEGO ST. ANDREWS, LLC - CITY OF MUSKEGO
. ST. ANDREW'S VILLAGE CONDOMINIUMS- DEVELOPER'S AGREEMENT
This Agreement, made this by and between Muskego S1. Andrews, LLC, (the
"Developer"), and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Developer has submitted construction and improvement plans for approval by the City a
Planned Development District (the "Property"), a part of the lands described as:
.
All that part of the Northeast 1/4 of the Northwest 1/4 of Section 25, Town 5 North, Range
20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows: Commencing at the Northeast corner of said Northwest 1/4 Section 25; thence S
87"33'35" W along the North line of said Northwest 1/4 Section 25, 400.03 feet to a point;
thence S 00"58'57" E, 40.01 feet to the point of beginning of the lands to be described;
thence continue S 00"58'57" E, 286.71 feet to a point; thence S 46"53'24" W, 125.31 feet to
a point; thence S 81"42'29" W, 134.46 feet to a point; thence N 88"22'31" W, 127.91 feet to
a point; thence S 85"09'38" W, 49.69 feet to a point; thence N 89"51'12" W, 72.29 feet to a
point; thence S 86"16'21" W, 84.58 feet to a point; thence S 84"42'14" W, 35.98 feet to a
point; thence N 52"13'34" W, 36.33 feet to a point; thence N 15"35'17" W, 43.84 feet to a
point; thence N 22"26'26" E, 33.79 feet to a point; thence N 47" 18'54" E, 28.15 feet to a
point; thence N 76"46'34" E, 46.18 feet; thence S 89"06'49" E, 91.78 feet to a point; thence
S 74"30'04" E, 38.03 feet to a point; thence N 47"34'03" E, 26.71 feet to a point; thence N
42"19'05" E, 34.47 feet to a point; thence N 24"40'17" E, 27.86 feet to a point; thence N
10"10'10" E, 47.30 feet to a point; thence N 0"09'16" E, 47.81 feet to a point; thence N
06"01'04" E, 40.50 feet to a point; thence N 34"49'50" E, 13.81 feet to a point; thence N
30"35'43" W, 11.24 feet to a point; thence N 87"33'35" E, 499.95 feet to the point of
beginning. Said lands containing 5.51 acres.
, and
WHEREAS, the Common Council has approved Ordinance 1171, amending the Zoning Map in
accordance with the Developers petitioner for the Property; and
WHEREAS, Chapter 18 of the Municipal Code provides that as a condition of approval, the governing
body of the City may require that the Developer make and install certain public improvements
reasonably necessary for the Property and further, may require construction of said improvements
according to municipal specifications without cost to said municipality; and
WHEREAS, The City's Engineers, Public Works Committee, Public Utility Committee and Finance
Committee have duly approved, contingent of certain other approvals, Developer's plans and
specifications for Property improvements, and the City's Plan Commission and Common Council have
duly approved the Condominium Plat of the Property contingent in part upon the execution and
performance of this Agreement by the Developer.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
. follows:
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St. Andrew's Village Developer's Agreement
. SECTION I : PLANNED DEVELOPMENT DISTRICT
1. The Planned Development District consists of:
a) Three (3) parcels for 48 dwelling units (24 structures) of attached single-family condominium
development consistent with the RSA / OPD Suburban Attached Residence District with Planned
Development Overlay District requirements. Said condominium shall be subject to Condominium
Plat review as required by Chapter 18 of the Municipal Code.
The Condominium Plat shall include public cross access easements over all private streets.
2. Developer 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) Within six (6) months of approval of this Agreement by the Common Council, the Developer 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.
c) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
. 1. The developer's agreement described herein covers the improvements for Phase I. Successive
phases will require a and letter of credit approved by Common Council by the
dates set forth in
SECTION III: IMPROVEMENTS
Developer shall entirely at its expense:
A. PUBLIC ROADS AND STREETS:
1. Grade and improve Ryan Road abutting the Property in accordance with the plans and specifications
approved by the Public Works Committee on June 28, 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 improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
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St. Andrew's Village Developer's Agreement
4. No construction of public roads and streets may commence until all easements have been secured
. by Developer, recorded with the Waukesha County Register of Deeds, and evidence of same
provided to the Director of Engineering and Building.
B. PRIVATE ROADS AND STREETS:
1. Grade and improve Old Course Way and St. Andrews Drive in accordance with the plans and
specifications approved by the Public Works Committee on June 28, 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 improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
4. No construction of private roads and streets may commence until all easements have been secured
by Developer, recorded with the Waukesha County Register of Deeds, and evidence of same
provided to the Director of Engineering and Building.
C. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
. 1. Construct, install, furnish and provide on site and off site facilities on the Property as approved by the
Director of Engineering and Building and Public Works Committee on June 28, 2004 for storm and
surface water drainage throughout the Property, and a Master Grading Plan providing for sump
pump discharge to a tile or storm sewer system, all in accordance with the plans and specifications
on file in the Building and Engineering Department. The City retains the right to require the
Developer to install at its cost additional storm drainage and erosion control measures prior to
acceptance of improvements by the City of Muskego.
2. Grade and improve the Property in conformance with the Master Grading Plan as approved by the
Director of Engineering and Building and Public Works Committee on January 27, 2003 all in
accordance with the plans and specifications on file in the City Building and Engineering Department.
Restore with topsoil and seed. Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
4. Execute and record a Stormwater Management Plan 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 June 28, 2004 relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of condominium units in the Property.
5. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage
features which are outside of the rights-of-way in perpetuity, as provided for in the Retention Pond
. Maintenance Agreements that are recorded with Phases II and III.
D. SANITARY SEWER:
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St. Andrew's Village Developer's Agreement
. 1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the Property, as approved by the Director of Engineering and Building and the
Public Utilities Committee on June 28, 2004 all in accordance with the plans, specifications 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.
4. No construction of sanitary sewers may commence until all easements and rights-of-way have been
secured by Developer, recorded with the Waukesha County Register of Deeds, and evidence of
same provided to the Director of Engineering and Building.
E. WATER MAIN
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the Property as approved by the Director of Engineering and Building and
Public Utilities Committee June 28, 2004 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 City any punch list items concerning the water system prior to
connection of any building to the water system.
F. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the 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 on St. Andrews Drive and Old Course Way 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 City Forester I Conservation Coordinator. With the approval of the Planning Director,
the tree planting may be delayed due to seasonal weather conditions.
4. Plant street trees within the 20 foot landscape easements on the Property abutting Ryan Road within
the Planned Development District in accordance with plans to be approved by the Plan Director and
. City Forester I Conservation Coordinator prior to the release of occupancy permits.
G. EROSION CONTROL MEASURES:
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Sl. Andrew's Village Developer's Agreement
.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 June
28, 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 on the Property and its abutting public rights-of-way in accordance with the
Erosion Control Plan as approved by the Director of Engineering and Building and Public Works
Committee on June 28, 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 Developer until such time as vegetative
cover is established on the Property. 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 on public and
private streets as described herein, shall be completed by the Developer within one (1) year from signing
of this Agreement or except if an earlier date is provided for in the Agreement for Phase I of the
development. The final surface course of pavement may be deferred until ninety percent (90%) of the
dwelling units have been completed, or 36 months after the installation of the first lift of asphalt for each
phase, whichever comes first.
If the final surface course of pavement on public and private streets as described herein is not
completed within twelve (12) months of the date of this Agreement, the Developer 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 final surface course of pavement on public and private streets as described herein is not
completed within twelve (12) months of the date of receiving written permission from the Engineering
Director authorizing the start of successive phases, the Developer 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
Developer authorizes the City to prepare all necessary as-built construction plans for improvements to
. be dedicated to the City. Developer 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
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S1. Andrew's Village Developer's Agreement
upload of data to City's Geographic Information System, and City may utilize Developer's Developers
. Deposit account for all charges related hereto.
Developer authorizes the City to convert digital files submitted by Developer 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. Developer agrees to reimburse City for all costs incurred in
said conversions and City may utilize Developer'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, Developer shall, without charge to the City, upon
completion of the above described improvements, unconditionally give, grant, convey and fully dedicate
the public streets, sanitary sewers, watermains, storm water drainage facilities (excluding those facilities
which are to be owned and maintained by Homeowners Association) 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 Developer 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 Developer.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Developer 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
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St. Andrew's Village Developer's Agreement
The Developer shall:
. 1. Easements: Provide any easements on Developer's land deemed necessary by the Director of
Building and Engineering, provided such easements are not any more restrictive to the building of
structures beyond the applicable side yard and offset distances required 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
hereunder shall be performed and carried out in strict accordance with and subject to the provisions
of said ordinances.
SECTION IX: GUARANTEES:
The Developer 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 Developer 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, Developer 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 Developer against City, its officers,
agents and employees in an effort to enforce this Agreement. The Developer 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 Property and give the City
evidence of the same upon request by the City.
a) Hold Harmless. The Developer 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 Developer, its officers, agents, independent contractors, and
employees or anyone for whose acts any of they may be made liable, regardless of whether or
not it is caused in part by a party indemnified herein. In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Developer, 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 Developer, its officers, agents, independent .
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St. Andrew's Village Developer's Agreement
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 Developer 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
Developer 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 Developer 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, Developer 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) Developer 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 Developer 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 Developer'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 Developer 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
Property. Further, that the sale of any lot or parcel shall not release the Developer from completing the
work required by Section II 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 Developer to construct the improvements in accordance with the plans and specifications
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Sl. Andrew's Village Developer's Agreement
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called for by this agreement, upon Developer's compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations.
2. Cooperate with the Developer in obtaining permits, resolutions and documents as may be necessary
from other authorities having jurisdiction in the premises.
3. Make available to the Developer or their nominee successors or assigns, permits for the construction
of commercial buildings and two 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 residential dwelling units until the Director of Engineering and Building has determined that:
1. The sanitary sewer, water main, and surface water drainage facilities required to serve the Property
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 completed by the Utilities Department, and the results
found acceptable by the Utility Superintendent, 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.
SECTION XIV. FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer
shall file with the City a Letter of Credit setting forth terms and conditions approved by the City
Attorney and Finance Committee on August 10, 2004 in the amount of $2,114,437.86 as a
guarantee that the required plans and improvements will be completed by the Developer 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 Property 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 Developer 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 Developer shall maintain a $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. In addition to the provisions set forth herein, each Building Site and
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St. Andrew's Village Developer's Agreement
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Operation Plan submittal for Commercial Parcels shall establish its own Developers Deposit
Account. The Developers Deposit shall be maintained and released in accordance with the adopted
policies 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 Property. This provision
constitutes the Developer's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Developer'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:
Developer 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
Developers. 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 Developer from ultimate responsibility for the design,
performance, and function of the Development and related infrastructure.
. SECTION XVI. AMENDMENTS AND ASSIGNMENT:
Developer shall not assign this Agreement without the written consent of the City, which shall not be
unreasonably withheld. The City and the Developer, by mutual consent, may amend this agreement, by
written agreement between the City and the Developer.
SECTION 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, sent by facsimile with transmission confirmation, or sent by electronic 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
(262) 679-4136
(262) 679-5614 facsimile
To Developer:
Burke Properties
622 North Water Street
Suite 200
Milwaukee, WI 53202
414-270-0200
414-270-0332 facsimile
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, facsimile
. transmission, or electronic mail.
10
Page 11
S1. Andrew's Village Developer's Agreement
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.
.
.
11
Page 12
51. Andrew's Village Developer's Agreement
SECTION XVII: PARTIES TO THE AGREEMENT
. MUSKEGO ST. ANDREWS, LLC
By:
Muskego St. Andrews, LLC
Paul Votto, Manager
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me Paul Votto, to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
B. CITY OF MUSKEGO:
. BY:
Mark A. Slocomb, Mayor
BY:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me the above named Mark A. Slocomb,
Mayor, and Janice Moyer, 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 b~ its authority and pursuant to the authorization by the
Common Council from their meeting on the 101 day of August, 2004.
Notary Public-State of Wisconsin
My Commission Expires
.
12
Page 13
St. Andrew's Village Developer's Agreement
CERTIFICATION
. This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for St.
Andrew's Planned Development District, Muskego, Wisconsin, as entered into on
by and between Muskego St. Andrews, LLC and the City Of Muskego, pursuant to
the authorization by the Common Council from their meeting on the 10th day of August, 2004.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
.
.
13
PUBLIC IMPROVEMENT COST BREAKDOWN S1. Andrews Phase I
Beg. Bal ADJ. BAL.
# I ROAD CONSTRUCTION
a. Excavation to subgrade $18,900.00 $18,900.00 . b. Stone base material $0.00 $0.00
c. Bituminous base course pavement $109,960.00 $109,960.00
d. Bituminous surface course pavement $60,000.00 $60,000.00
e. Concrete pavement $0.00 $0.00
f. Other (Adjust Castings) $0.00 $0.00
g. Engineering Inspections $3,500.00 $3,500.00
$192,360.00 $0.00 $192,360.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading $22,900.00 $22,900.00
b. Drainage ditch construction $0.00 $0.00
c. Retention pond construction $10,100.00 $10,100.00
d. Parking area construction-incI pavement $0.00 $0.00
e. Tree & shrub plantings $0.00 $0.00
f. Landscaping as specified by City $0.00 $0.00
g. Erosion control $3,850.00 $3,850.00
h. Engineering Inspections $3,000.00 $3,000.00
i. Other $0.00 $0.00
$39,850.00 $0.00 $39,850.00
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $0.00 $0.00
b. Terrace areas - in ROW $4,500.00 $4,500.00
c. Drainage ditches $0.00 $0.00
. d. Retention ponds-Rip Rap $400.00 $400.00
e. Areas as specified by City $0.00 $0.00
f. Engineering Inspections $2,500.00 $2,500.00
g. Other $0.00 $0.00
$7,400.00 $0.00 $7,400.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter-Included Above $0.00 $0.00
b. Sidewalk $0.00 $0.00
c. Blvd.ltraffic islands $0.00 $0.00
d. Ditch inverts $0.00 $0.00
e. Engineering Inspections $2,500.00 $2,500.00
f. Other $0.00 $0.00
$2,500.00 $0.00 $2,500.00
.
Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN St. Andrews Phase I
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
. a. Mains,risers & Manholes $80,800.00 $80,800.00
b. Laterals $0.00 $0.00
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 $6, I 00.00 $6, I 00.00
g. Other $0.00 $0.00
$86,900.00 $0.00 $86,900.00
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $101,900.00 $101,900.00
b. Hydrants & leads-Offsite WM $189,321.00 $189,321.00
c. Water services $0.00 $0.00
d. Well & pump house $0.00 $0.00
e. Engineering Inspections $7,500.00 $7,500.00
f. Other $0.00 $0.00
$298,721.00 $0.00 $298,721.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $104,300.00 $104,300.00
b. Catch basins & leads $0.00 $0.00
c. Culverts $0.00 $0.00
d. Drain tile $0.00 $0.00
e. Headwalls/discharge structures $0.00 $0.00
. f. Engineering Inspections $4,500.00 $4,500.00
g. Other $0.00 $0.00
$108,800.00 $0.00 $108,800.00
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights $2,700.00 $2,700.00
b. Street signs $400.00 $400.00
c. Signs as specified by City $0.00 $0.00
d. Erosion Control/Vegetation Retainage $20,000.00 $20,000.00
e. Other - Ag Use Penalty $0.00 $0.00
$23, I 00.00 $0.00 $23, I 00.00
#9 FEES
a. City administration $2,000.00 $2,000.00
b. Eng. inspections (req for all LOC) $0.00 $0.00
c. Engineering-as built drawings for w/s $16,000.00 $16,000.00
d. Legal $0.00 $0.00
e. Land acquisition $0.00 $0.00
f. Other $0.00 $0.00
$18,000.00 $0.00 $18,000.00
TOTAL PROJECT ESTIMATE $777,631.00 $0.00 $777,631.00
LETTER OF CREDIT AMOUNT
. Engineering**Total engineering Costs included $45,600.00
in total Project Estimate**
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