CCR2005025COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #025-2005
.
REAPPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT,
AND LETTER OF CREDIT
Quietwood East II Subdivision
WHEREAS, A Final Plat was submitted on November 18, 2004 by Carity Land Corp. for the
Quietwood East II Subdivision located in the NW 1/4 of Section 11 to create 16 residential
single-family lots and 2 outlots; and
WHEREAS, On April 13, 2004, the Common Council amended and adopted Resolution #62-
2004, which approved a Final Plat for Quietwood East II Subdivision; and
WHEREAS, The previously approved Final Plat required changes including the addition of two
lots and the changing of a lot to an outlot; and
WHEREAS, The Plan Commission has recommended approval of the revised Final Plat
through Resolution #P.C. 129-2004; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been revised and received
for the Quietwood East II 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 reapprove the Final Plat for
the Quietwood East II 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. 092-2004.
. BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for the
Quietwood East II Subdivision, as attached, are hereby reapproved subject to approval of the
City Attorney and City Engineer and subject to the Letter of Credit being in the approved City
form, 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 25th DAY OF Januarv ,2004.
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 #025-2005 which was
adopted by the Common Council of the City of Muskego.
/
1/05jmb
QUIETWOOD EAST LLC - CITY OF MUSKEGO
. QUIETWOOD EAST II SUBDIVIDER'S AGREEMENT
This Agreement, made this ~4nd day of July, 2004 by and between Quietwood East LLC (the
"Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Quietwood East
II Subdivision (the "Subdivision"), a part of the lands described as:
OUTLOT 8 OF CERTIFIED SURVEY MAP NO. 8941, BEING A PART OF THE SOUTHWEST ~
OF THE NORTHWEST X AND THE NORTHWEST X OF THE SOUTHWEST X OF SECTION 11,
TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO, W AUKESHA COUNTY,
WISCONSIN
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 Quietwood East II Subdivision contingent in part upon the execution
and performance of this Agreement by the Subdivider.
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 15 parcels platted for single family
residential use and 2 Outlots platted for open space, stormwater retention purposes, and well site
purposes, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the
auspices of RS-3 Suburban Residence District zoning.
a) Single family parcels in this Plat shall conform to the zoning requirements of RS-3 Suburban
Residence district, being a minimum of 15,000 square feet in area, 100 feet in average lot width,
having street yard setbacks of 40 feet, side yard offsets of 10 feet and 15 feet, and rear yard
offsets of 15 feet.
.
b) Outlot 9 is reserved for common open space and stormwater management purposes, and shall
be owned and maintained by an incorporated Owner's Association established by Subdivider. An
easement along Outlot 9 is granted to the City of Muskego for the design, construction, and
maintenance of a bike/walking path.
c) Outlot 10 will be dedicated to the City of Muskego for well site purposes upon the recording of
Page 2
Quietwood East" Subdividers Agreement
. the plat.
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 of Quietwood East II 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 11\ 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 27, 2003, 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 Engineering and
Building and Public Works Committee on January 27, 2003 for storm and surface water drainage
Page 3
Quietwood East II Subdividers Agreement
.
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
Subdivider's 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 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 Maintenance Agreement in the form attached hereto, which document shall be
incorporated herein and made part hereof, as approved by the Director of Engineering and Building
and Public Works Committee on January 27, 2003 relating to privately owned storm water
appurtenances, and provide proof of recording prior to sale of lots in the Subdivision. Keep and
maintain all storm sewers, retention or detention ponds, and surface water drainage features which
are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement.
C. SANITARY SEWER:
.
1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Subdivision, and including off site improvements necessary to provide
such system, as approved by the Director of Engineering and Building and the Public Utilities
Committee on January 20, 2003 all in accordance with the plans, specifications and drawings on file
in the City Building and Engineering Department.
2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary
sewer systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the
issuance of building permits, and acceptance of improvements by the City.
D. WATER MAIN:
1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the entire Subdivision, as approved by the Director of Engineering and
Building and Public Utilities Committee on January 20, 2003 and in accordance with the plans and
specifications on file in the City Building and Engineering Department.
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system. .
E. LANDSCAPING:
Page 4
Quietwood East II Subdividers Agreement
. 1 Preserve existing trees outside of the public right-of-way to the maximum extent possible, when .
installing the Subdivision improvements. Replace trees in accordance with plans to be approved by
the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego land Division
Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan
dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with
plans to be approved by the Planning Director and Plan Commission prior to the release of
occupancy permits.
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 27, 2003 and 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 27,2003 and in accordance with the plans and specifications on file in the City Building and
Engineering Department. No construction or grading can begin until said permit is issued by the
City, and no grading shall occur without a two (2) day notice to the City.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
4. Insure 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 the signing of this Agreement
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 thirty-six (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
Page 5
Quietwood East II Subdividers Agreement
accordance with this agreement and shall entitle the City to immediately draw against the Letter of
. Credit.
SECTION V : AS-BUILT CONSTRUCTION PLANS
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, recreation trails, sanitary sewers, watermains, storm water drainage facilities (excluding
those facilities which are to be owned and maintained by Quietwood East Home Owners 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, condujts, 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 Goncrete pavement has been installed, when all said utilities
have been completed and approved by the City Engineers 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 : REMEDIES UPON DEFAULT
The following shall constitute a default by the Subdivider under this Agreement: If Subdivider should file
for bankruptcy or be adjudged bankrupt, or if it should make a general assignment for the benefit of its
creditors; if the Subdivider or its general contractors should disregard or otherwise violate any Statutes, . Ordinances, regulations, orders, or instructions of the City or any of its employees, agents, committees
or commissions; or upon failure of performance by Subdivider or Subdivider's contractor or
Page 6
Quietwood East II Subdividers Agreement
subcontractors to construct, install, furnish and provide any improvement required under this Agreement; . or upon any other Subdivider default or failure to perform under any provision of this Agreement.
Upon the occurrence of a default as defined herein, and without prejudice to any other right or remedy of
the City, including the right to damages, the City shall give the Subdivider and its surety or insurer or
holder of the financial guarantee provided for pursuant to this Agreement ten (10) days written notice
and opportunity to cure. If the default is not cured to the City's sole satisfaction within the ten (10) day
period, the City may take possession of the premises and all of the materials thereon, draw upon the
Letter of Credit or any other financial guarantee posted or filed by the Subdivider and finish the work by
whatever method the City may deem expedient. Subdivider, or its surety in the event of default, shall
pay the City the entire cost of completion of the work if funds from the Letter of Credit or other financial
guarantee posted or filed by the Subdivider are insufficient to cover the entire cost of completion.
SECTION VIII: 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; and 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 IX: MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deeded necessary by the Director of
Engineering and Buildings prior to the Final Plat being signed, provided such easements are along
lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the
applicable side yard and offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
SECTION X: GENERAL CONDITIONS AND REGULATIONS
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 XI: GUARANTEES
. The Subdivider shall guarantee the public roads and streets, recreation trails, sanitary sewers,
watermains, 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
Page 7
Quietwood East II Subdividers Agreement
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 XII : GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents
incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept
tender of defense and to defend and pay any and all reasonable legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed upon the City
its officers, agents, and employees, and independent contractors growing out of this agreement as
stated above by any party or parties except those claims asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agreement. The Subdivider shall also name as
additional insured on its general liability insurance the City, its officers, agents, and employees, and any
independent contractors hired by the City to perform service as to this Subdivision and give the City
evidence of the same upon request by the City.
.
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims,. damages, losses, and
expenses, including 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. In any and all claims against the City, its
officers, agents, independent contractors, and employees by the Subdivider, its officers, agents,
independent contractors, employees, and anyone directly or indirectly employed by any of them
or anyone for whose acts any of they may be held liable, the indemnification obligation under this
section shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for the Subdivider, its officers, agents, independent
contractors, employees under Workers' Compensation Acts, disability benefit acts, or other
employee benefit acts.
b) Personal Liability 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
Page 8
Quietwood East II Subdividers Agreement
. 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 XIII: 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 provided for under this Agreement, by applicable Ordinances and as set forth in the plans and
specifications on file in the City Building and Engineering Department.
SECTION XIV: 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 XV: 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 are
connected with an operational system as required herein, and the installation of the bituminous
. concrete base course pavement has been properly installed, and
2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded,
and
Page 9
Quietwood East II Subdividers Agreement
. 3. Video tape of the sanitary sewer system has been furnished to the Director of Engineering and
Building, and
4. 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
5. 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:
1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
SECTION XVI: FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by "the City, the Subdivider
shall file with the City a Letter of Credit setting forth terms and conditions approved by the City
Attorney and Finance Committee on April 13, 2004 in the amount of $405,924.25 as a guarantee
that the required plans, improvements, 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 the 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 $10,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation
of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City
shall have the right, without notice or hearing, to impose special assessments for any amount to
which the City is entitled by virtue of this Agreement upon the Subdivision. This provision
constitutes the Subdivider's consent to the installation by the City of all improvements required by
this Agreement and constitutes the Subdivider's waiver of notice and consent to all special
assessment proceedings as described in Section 66.0703(7)(b), 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.
Page 10
Quietwood East II Subdividers Agreement
SECTION XVII: 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 constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design,
performance, and function of the Development and related infrastructure.
SECTION XVIII: 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 XIX: 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 Subdivider:
Quietwood East LLC
Attn: William Carity
12720 West North Avenue
Brookfield, WI 53005
(262) 785-1968
(262) 785-1949
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.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone
or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default
by the party.
SECTION XX: 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. QUIETWOOD EAST LLC
. By:
William Carity, Member
STATE OF WISCONSIN )
Page 11
Quietwood East II Subdividers Agreement
. WAUKESHA COUNTY
)
)
SS
PERSONALLY came before me this 22nd day of Jûly,200g William Carity, Member of Quietwood East
LLC, to me known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public-State of Wisconsin
My Commission Expires
.
.
Page 12
Quietwood East II Subdividers Agreement
. 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 this 22ndday()f~ûty*2905, 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 by its authority and pursuant to the authorization by the Common Council
from their meeting on the 13th day of April, 2005.
. Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Su~.divi~.~r'~ AQre~ment for
Quietwood East II Subdivision, Muskego, Wisconsin, as entered into on the &~d~~ofJi..tI~;?Q05, by
and between Quietwood East LLC and the City Of Muskego, pursuant to the authorization by the
Common Council from their meeting on the 13thd9yofÄþHI;2005. .
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This 2200 day of JUly,2005.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
. City of Muskego PO Box 749 Muskego, WI 53150
QUIETWOOD EAST II SUBDIVISION
RETENTION POND MAINTENANCE AGREEMENT
. This Agreement is made and entered into this 22nd day of July, 20Q5, by and between
Quietwood East llC (hereinafter referred to as "Subdivider"), the incorporated
Quietwood East II Home 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 Subdivider has submitted for approval by the City a Final Plat for
Quietwood East II Subdivision (the "Subdivision"), being a part of the lands described
as:
OUTLOT 8 OF CERTIFIED SURVEY MAP NO. 8941, BEING A PART OF THE
SOUTHWEST y.j OF THE NORTHWEST y.j AND THE NORTHWEST y.j OF THE
SOUTHWEST y.j OF SECTION 11, TOWN 5 NORTH, RANGE 20 EAST, IN THE
CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
WHEREAS, The City has approved the plat of Quietwood East II Subdivision and the
construction of storm water retention ponds within an outlot on the Property; and
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 Quietwood East on Woods Road Subdivision; and
. WHEREAS, Quietwood East II Subdivision is upstream from Big Muskego Lake, and the
City and DNR has expended great effort and expense to remove sediment and rough
fish from Big Muskego lake; and
WHEREAS, The City and the DNR have established certain requirements for retention
ponds and storm water management to be constructed in Quietwood East II 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 Quietwood East II Home Owners
Association, Inc. a non-stock corporation consisting of the owners of Parcels 36-50
inclusive, hereinafter referred to as the "Association", which shall become the owner of
certain outlots upon recording of the final plat and Quietwood East II Declarations of
Protective Covenants. Upon completion of the storm water retention ponds the
Association shall be responsible for the maintenance of the retention ponds constructed
thereon; and
WHEREAS, the City intends to reserve the right to enforce the requirement that the
storm water retention pond areas are maintained in a manner consistent with DNR
requirements and with this Agreement and the Storm Water Management Plan dated
January 27, 2003 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:
.
Quietwood East Subdivision
Retention Pond Maintenance Agreement
Page 2
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 dated January 27,
2003 on file in the offices of the City of Muskego Building Department as required by
the City of Muskego Storm Water Management Ordinance.
3. The City of Muskego is authorized to access the Property to conduct inspections of
storm water practices as necessary to ascertain that the practices are being
maintained and operated in 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 36-50 inclusive on an equal pro-
rata 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 three thousand
dollars ($3,000.00) to. cover the estimated costs associated with the pond draw
downs necessary for the first five (5) years. Upon commencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice The 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 incorporation does not occur, plus any additional costs as deemed
necessary by the City
. 9. This document is a part of the Quietwood East II Subdivider's Agreement, which
terms are incorporated herein, and 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 and their successors in interest.
.
.
.
Quietwood East Subdivision
Retention Pond Maintenance Agreement
Page 3
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. QUIETWOOD EAST LLC
By:
William Carity, Member
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONAllY came before me this 44~d~yqf4qlYi~()Oq William Carity to me known
to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS WHEREOF, the incorporated Quietwood East II 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. QUIETWOOD EAST II HOME OWNERS ASSOCIATION, INC.
By:
William Carity, Director
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONAllY came before me this 2~n~dâyof.JI.Oy.2()Qq William Carity to me known
to be the persons who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
Quietwood East Subdivision
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, City has caused this Agreement to
appropriate officers and their seals to be hereunto affixed in
counterparts on the date and year first written above
be signed by its
duplicate original
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 this 2?ß"idäYÒfiJÚiy,2ÓQ5, the above named Mark A.
Slocomb, Mayor and Janice Moyer, City Clerk-Treasurer, of the above-named municipal
corporation City of Muskego, to me known to be the persons executed the foregoing
instrument, and to me known to be such Mayor and City 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 an~.J)ursuant
to the authorization by the Common Council from their meeting on the 13t11cfáyóf April,
2005.
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. Quietwood East Subdivision, Muskego, Wisconsin, as
entered into on this 2200. day ófJl.dy,/2005 by and between Quietwood East LLC, the
incorporated Quietwood East Owners Association, Inc. and the City of Muskego,
pursuant to the authorization by the Common Council from their meeting on the 13th day
of April, 2005. .
BY THE COMMON COUNCIL
Janice Moyer
City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this 2200 day of July,2005.
Notary Public, Waukesha County, Wisconsin
My commission expires
QUIETWOOD EAST II SUBDIVISION STORM WATER MANAGEMENT PLAN
.
The City of Muskego Storm Water Management Ordinance requires the filing of a
storm water management plan and grading plan. The grading plan including all
hydraulic calculations, together with storm sewer plans and appurtenant storm water
structures, has been filed by the Subdivider's engineer with the City of Muskego. Such
information was utilized by the City of Muskego to evaluate the environmental
characteristics of the area affected by the land development activity in Quietwood East
Subdivision, the potential impacts of the development upon the quality and quantity of
storm water discharges, the potential impacts upon water resources and drainage
systems and the effectiveness and acceptability of proposed storm water management
measures in meeting the performance standards set forth in the storm water
ordinance.
The intent of this storm water management plan is to set forth specific storm water
management measures to guide the Subdivider, the City of Mus~ego and Quietwood
East Home Owners Association, Inc. regarding the management of storm water in
Quietwood East Subdivision. Storm water management measures shall not be limited
to those expressed in this plan which may be expanded upon by the Wisconsin
Department of Natural Resources, the City of Muskego or any other party having
jurisdiction. This plan shall be broken down into three sections:
. SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE SUBDIVIDER
The Subdivider shall at its expense:
1. Create the above referenced grading plans, hydraulic calculations, storm sewer,
and drainage plans and after approval of same by the City of Muskego file all
such approved plans with the City.
2. The Subdivider shall improve the site by constructing said grading and storm
water conveyance systems together with all specified erosion control measures
including final stabilization of the site, all in accordance with the Subdivider's
Agreement and approved plans on file with the City.
3. The Subdivider shall construct the storm water retention ponds to be contained
in Outlots in Quietwood East II. The Subdivider shall as-built the finish grade of
the ponds and provide the as-built plans to the City and Quietwood East II
Home Owners Association, Inc. The Subdivider shall also provide a bench
mark at the ponds to be illustrated on the as-built drawings.
.
4. The Subdivider upon completion of the above referenced improvements shall
convey by final plat and deed restrictions the improvements to Quietwood East
II Home Owners Association, Inc. which shall be responsible for carrying out the
storm water measures on an ongoing basis expressed in this Plan. It is
understood that private ownership and maintenance of the storm water
management improvements, including storm sewers within Quietwood East II
Subdivision commences outside of City owned rights-of-way. All improvements
contained within the City owned rights-of- way shall be the responsibility of the
City to own and maintain.
.
.
.
Quietwood East II Subdivision
Stormwater Management Plan
Page 2
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY
The City of Muskego and the Department of Natural Resources (DNR) have expended
great effort and expense to remove sediment and rough fish from Big Muskego Lake.
The City and the DNR have established certain requirements for retention ponds and
storm water management within Quietwood East Subdivision to minimize flooding and
sediment migration to Big Muskego Lake, adjacent wetlands, and other tributary
properties, to prevent rough fish propagation and reintroduction into Big Muskego
Lake. To assure quality control the City of Muskego is willing to administer an annual
"draw down" of each retention pond that will result in reducing the depth of the water
during the cold months of the year. This draw down of the depth of the storm water
ponds will freeze-out all fish resulting in a rough fish free ponds thereby minimizing the
risk of reintroduction of rough fish during flooding conditions into the adjacent Muskego
Drainage Canal #1, navigable stream which is tributary to Muskego Lake. The City
shall also administer an annual inspection of the storm water retention ponds to
monitor any build-up of sedimentation on the floor of the ponds.
Under Section 1, the Subdivider shall provide the City with an as-built drawing of the
ponds after construction together with a bench mark at each pond which data shall
become the basis for measurement of sediment build-up. The costs and expenses for
the City to provide these services shall be entered on the tax roll as a special charge or
special assessment on an equal basis against the residential properties located in
Quietwood East Subdivision collected with any other taxes levied thereon for the year
in which the work is completed.
Set forth below, is an outline of the City's responsibilities which has been agreed to by
the DNR:
1. City of Muskego shall administer draw down and inspect for sediment build-up.
Draw down of the retention ponds shall occur annually, generally within the first
two weeks of November. Draw down may only occur after determination that
sediment build-up will not be transported through discharge pipes. If sediment
build-up has occurred above the invert elevation of the discharge pipes it must
be removed prior to draw down. Draw down gate valves shall be closed within
one week of commencement of the draw down.
2. Sediment build-up in ponds shall be determined on an annual basis and shall
be recorded in a log. Removal of sediment shall be administered by the
Owners Association according to Section 3. .
SECTION 3 - DUTIES AND RESPONSIBILITIES OF QUIETWOOD EAST
HOME OWNERS ASSOCIATION, INC.
An incorporated association of the owners of all single family lots in Quietwood East
Subdivision has been created for the purposes of managing and controlling Common
Areas including the outlots which contain the storm water retention ponds. This
owner's association is formally titled Quietwood East II Home Owners Association, Inc.
and it is referred to herein as the Association.
The ownership and maintenance including all payment of associated costs for the
storm water retention pond shall be the responsibility of the Association. The
.
Quietwood East II Subdivision
Storm water Management Plan
Page 3
guidelines set forth below shall not limit additional measures which may from time to
time be mandated by the City, DNR or any other party having jurisdiction:
1. The Association on an annual basis, shall provide maintenance of each storm
water retention pond, including but not limited to, removal of debris,
maintenance of vegetative areas, maintenance of storm water structures,
emergency overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention ponds. When sediment build-
up reaches 15", the City shall notify the Association to remove the sediment.
The DNR has required that any pumping of sediment laden water by contractors
shall be filtered through a temporary sediment basin appropriately sized prior to
being discharged into the adjacent canal or wetlands.
3. The Association shall be responsible for water quality in the storm water
retention ponds including removal of weeds and algae control.
4. 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.
.
5. The City of Muskego is authorized to perform the corrective actions identified in
the inspection report if the Association does not make the required corrections
in the specified time period. The costs and expenses shall be billed to the
Association, and if unpaid, shall be entered on the tax roll as a special
assessment or special charge on an equal basis against the residential Parcels
in Quietwood East II Subdivision, collected with any other taxes levied thereon
for the year in which the work is completed.
THIS INSTRUMENT DRAFTED BY JEFF MUENKEL, CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
.
.
~. -,
,:s,
ill N
! 5 ~
~~
,. ,
~""<'-
, ~
i
)2, .J
0
::r
:~~:.; ~
Zi ." ~
(;::::; ,
!.x::~
';r?
r..{"
;.-""
.
l\1l&I Marshall & IIsley Bank
770 North Water StreetIMilwaukee, WI 53202-3593fTe1414 765-7700
Global Trade Services
**ORIGINAL**
Date: June 25, 2004
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB 7476
AMOUNT: USD405,924.25
APPLICANT: Quietwood East, LLC, 12720 West North Avenue, Brookfield, Wl53005
BENEFICIARY: City of Muskego
P.O. Box 749
W182 S82oo Racine Avenue
Muskego Wl53150-OO749
Attn: Mayor of Muskego
We hereby issue this irrevocable documentary credit in your favor, effective date of June 25,2004, which is available by
Beneficiary's draft(s) at sight drawn on the M&I Marshall & Ilsley Bank. Each draft accompanying documents must state:
"Drawn under M&I Marshall & Ilsley Bank Standby Letter of Credit No. SB 7476."
This Standby Credit is to provide a guarantee to the City of Muskego for the performance of the Applicant's obligations under
that certain Agreement dated July 22, 2004 between the City of Muskego and the Applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statement signed by the Mayor of the City of Muskego stating that the Applicant has failed to complete the construction
of subdivision improvements in accordance with said Agreement or otherwise comply with the obligations of the
Agreement. Said statement shall set forth the estimated amount necessary for the City of Muskego to complete such
improvements or otherwise comply with the obligations of the Agreement.
SPECIAL CONDmONS:
This Standby Credit will terminate on the 15th day of June, 2006, provided, however, the M&I Marshall & Ilsley Bank
shall give written notice to the Beneficiary of its intention to terminate this standby credit at ninety (90) days prior to the
15th day of June, 2006. After said date, this letter of credit can only terminate upon ninety (90) days written notice to the
Beneficiary.
It is hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and such
reference shall not be construed in any manner to require M&I Marshall & Ilsley Bank to inquire into its terms and
obligations.
We engage with you that drafts drawn under and in compliance with the terms of this credit will be duly honored if
presented on or before the expiration date. This original Standby Credit must be submitted to us together with any
drawings hereunder for our endorsement of any payments effected by us and/or for cancellation.
The Maximum Amount of this Letter of Credit may be reduced upon our receipt of the City of Muskego's faxed notice,
completed in the format attached hereto as Exhibit 1 (page 2), on its letterhead and originally signed.
M&I MARSHALL & ILSLEY BANK
e!/J1 Á/dd
Aut orized Signature
S: intl\Ic\misc\sb7476.doc
.
.
.
- Marshall & IIsley Bank
770 North Water Street/Milwaukee, WI 53202-3593/Tel 414 765-7700
Global Trade Services
"ORIGINAL**
Page 2, Exhibit 1, which fOnTIS an integral part of Irrevocable Standby Lettcr of Crcdit No. SB 7476 dated July 9, 2004
iss~ed in favor of the City of Muskego.
(Following to appear on the Beneficiary 's letterhead. with appropriate blanks completed.)
CERTIFICATE FOR REDUCTION TO STANDBY LETTER OF CREDIT NO. S8 7476
DATE:
TO: M&I Marshall & llsley Bank
Global Trade Services
770 N. Water Street, lO'h Floor
Milwaukee, WI 53202
Fax: 414-765-7188
RE: Reduction Certificate No. -
to Letter of Credit No. SB 7476
Applicant: Quietwood East, LLC
You are irrevocably authorized to reduce the Maximum Amount of this Letter of Credit to USD
even though you did not endorse the reverse of the original Letter of Credit for such rcduction.
Regards,
City of Muskego
II
Authorized Signature IffitIe
cc: Quietwood East, LLC
**If this Certificate reduces the Maximum Amount to USDa. 00, please return the original Letter of" Credit and all
Amendments to usforcancellation. **