CCR2006100.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #100-2006
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT,
AND LETTER OF CREDIT
Woodland Creek Estates Addition #1 Subdivision
WHEREAS, A Final Plat was submitted on January 23,2006 by Towne Realty for the
Woodland Creek Estates Addition #1 Subdivision located in the NE 1/4 of Section 20 to create
16 single-family lots and three outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 016-
2006; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for the
Woodland Creek Estates Additiol1 #1 Subdivision and the Finance Committee has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon the recommendation of the Plan Commission, does hereby approve the Final Plat for the
Woodland Creek Estates Subdivi,sion, subject to approval of the City Engineer and all objecting
and approving agencies, receipt iQf 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. 016-2006.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for the
Woodland Creek Estates Addition #1 Subdivision, as attached, are hereby approved subject to
approval of the City Attorney and City Engineer, all of said approvals to be obtained within thirty
(30) days of the date of approval of this Resolution or the same will be null and void.
BE IT FURTHER RESOLVED That a digital file of this final plat shall be submitted to the City in
accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City, and that the Mayor, in consultation with
the City Attorney, may make any necessary technical corrections.
DATED THIS 9th DAY OF May ,2006.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eileen Madden
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #100-2006 which was
adopted by the Common Council of the City of Muskego.
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WOODLAND CREEK ESTATES LLC - CITY OF MUSKEGO
. WOODLAND CREEK ESTATES ADDITION #1 SUBDIVIDER'S AGREEMENT
This Agreement, made this , 2006 by and between Woodland Creek Estates 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 Final Plat for Woodland Creek
Estates Addition #1 Subdivision (the "Subdivision"), a part of the lands described as:
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THE WEST 1/2 OF THE SOUTHEAST '1/4 OF THE NORTHEAST 1/4 ALL IN SECTION 20, IN TOWN 5 NORTH,
RANGE 20 EAST, ALSO THE SOUTH ONE ROD OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 20, TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO,
WAUKESHA COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 SECTION; THENCE SOUTH
88020'18" WEST ALONG THE SOUTH LINE OF SAID 1/4 SECTION 668.19 FEET TO THE POINT OF
BEGINNING OF THE LANDS TO BE DESCRIBED; THENCE CONTINUING SOUTH 88020'18" WEST 1336.37
FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID NORTHEAST
1/4 SECTION; THENCE NORTH 01031'09" WEST ALONG SAID WEST LINE 16.50 FEET TO A POINT; THENCE
NORTH 88020'18" EAST 668.23 FEET TO A POINT ON THE EAST LINE OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF SAID NORTHEAST 1/4 SECTION; THENCE NORTH 01021'20" WEST ALONG SAID EAST
LINE 1318.47 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION; THENCE NORTH 88027'45" EAST ALONG SAID NORTH LINE 672.00 FEET TO A POINT ON
THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID NORTHEAST 1/4 SECTION; THENCE
SOUTH 01011'29" EAST ALONG SAID EAST LINE 1333.54 FEET TO THE POINT OF BEGINNING.
CONTAINING 905,085 SQUARE FEET OR 20.7779 ACRES, more or less, and
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 Woodland Creek Estates Addition #1 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 16 parcels platted for single family
residential use, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and
under the auspices of RS-2/0PD Suburban Residence District with a Planned Development Overlay
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Woodland Creek Estates Addition #1 Subdividers Jl.greement
zoning.
a) Single-family parcels shall conform to the zoning requirements of RS-2/0PD Suburban
Residence District with a Planned Development Overlay zoning. The OPD zoning is allowed per
Common Council approval and the OPD can permit flexibility in the underlying zoning
requirements. The Woodland Creek OPD allowed reduced densities and setbacks resulting in
parcels generally being a minimum of 18,000 square feet in area, 100 feet in average lot width,
having street yard setbacks of 35 feet, side yard offsets of 10 feet and 15 feet, rear setbacks of
20 feet.
b) Outlots shall be reserved for common open space and storrnwater purposes consistent with OPD
Planned Development overlay zoning requirements, and shall be owned and maintained by
Owners Associations established by Subdivider with the exception of Outlots 5 and 7 which will
be dedicated to the City of Muskego for conservation purposes. Dedications of Outlots 5 and 7
are made in lieu of payment of Conservation Fees and Conservation Trail Fees for Woodland
Creek Estates Addition #1 only.
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 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 Woodland Creek Estates
Addition #1 to be executed and recorded, and shall provide City with evidence of recording.
e) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
1. Subdivider and City agree that final platting and the installation of public and private improvements
described in Section III shall occur in one phase.
SECTION III: IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plans and specifications approved
by the Public Works Committee on February 20, 2006, including off site improvements necessary to
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Woodland Creek Estates Addition #1 Subdividers Agreement
. 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 February 20, 2006for storm and surface water drainage
throughout the entire Subdivision and off site improvements as necessary, 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 acceptalnce of improvements by the City of Muskego.
2. Grade and improve all lots, on and off site, in conformance with the Master Grading Plan as
approved by the Director of Engineering and Building and Public Works Committee on February 20,
2006 all in accordance with the plans and specifications on file in the City Building and Engineering
Department. Restore with topsoill 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 February 20, 2006 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 February 27, 200Ei 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 systl~m, 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, andl acceptance of improvements by the City.
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Woodland Creek Estates Addition #1 Subdividers Agreement
D. WATER MAIN:
Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, throughout the entire Subdivision, and including off site improvements necessary to
provide such system, as approved by the Director of Engineering and Building and Public Utilities
Committee on February 27, 2006 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 tlhe City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees in accordance with plans to be approved by
the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division
Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan
dated March 28, 2000 and adoptl3d by the Common Council on July 11, 2000 and in accordance with
plans approved by the Planning Director and City Forester prior to the release of occupancy permits.
Planting may be deferred until the time that ninety percent (90%) of the homes have been completed
or thirty-six (36) months after installation of the first lift of asphalt, whichever comes first.
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
February 20, 2006 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, on and off-site, in accordance with the
Erosion Control Plan as approved by the Director of Engineering and Building and Public Works
Committee on February 20, 2006 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.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
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Woodland Creek Estates Addition #1 Subdividers Agreement
. The improvements set forth in Secltion 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 substantially 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
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.
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Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section
18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in
said conversions and City may utilize Subdivider's Developers Deposit account for all charges related
hereto.
SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City, upon
completion of the above described improvements, unconditionally give, grant, convey and fully dedicate
the streets, sanitary sewers, watermains, storm water drainage facilities (excluding those facilities which
are to be owned and maintained by Woodland Creek Estates Homeowners Association, Inc.) 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 her,editaments 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 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
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Woodland Creek Estates Addition #1 Subdividers Agreement
City by separate Resolution. The Resolution of Acceptance shall be recorded with the Waukesha
County Register of Deeds.
The City shall have the right to connect to or integrate other utility facilities with the improvements
provided herein without payment, award, or consent required of the Subdivider.
SECTION VII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance
with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein,
but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which
shall be incurred by the City prior to and following the date hereof in connection with or relative to the
construction, installation, dedication and acceptance of the improvements covered by Section III,
including without limitation by reason of enumeration, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
compliance with the applicable plans, specifications, regulations and ordinances; and legal,
administrative and fiscal work undertaken to assure and implement such compliance. Failure to payor
reimburse the City in a timely manne!r may cause the City to cease all construction inspections until such
time as all anticipated or outstanding inspection and administration fees have been satisfied.
SECTION VIII: MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Director of
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 IX: GENERAL CONDITIONS AND REGULATIONS
Municipal Codes and Ordinances: A.II 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 X: GUARANTEES
The Subdivider shall guarantee the public roads and streets, 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 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 XI : 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
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Woodland Creek Estates Addition #1 Subdividers Agreement
. 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.
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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 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 mattl9rs 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, a~lents, 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 presemce of toxic or hazardous substances on or under the real property,
whether the soil, groundwate'r, air, or any other receptor. The City agrees that it will immediately
notify Subdivider of the discovery of any contamination or of any facts or circumstances that
reasonably indicate that such contamination may exist in or on the real property. Upon receipt of
notice from the City or other entities, Subdivider shall investigate and rectify conditions which
indicate the presence of or suspected presence of contamination on the subject property as
identified by local, state, or federal agencies in order to comply with applicable laws.
. d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at I'east 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
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Woodland Creek Estates Addition #1 Subdividers Agreement
. ($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 XII: 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 XIII 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 constrUGt 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 XIV: 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 Storrnwater Management Maintenance Agreement have been recorded,
and
3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results
found acceptable by the Utility Superintendent, 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
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Woodland Creek Estates Addition #1 Subdividers Agreement
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 XV: 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 CommitteEl on 1 as a guarantee that
the required plans, improvements, and improvements will be completed by the Subdivider and its
subcontractors no later than onE! (1) year from signing of the Agreement, except if another date is
provided within this Agreement alnd 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 reques.t 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 signecl original lien waivers for all work which is subject of the release
request. The Director of En!~ineering 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 L.etter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless othervvise 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 constiturtes 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.
SECTION XVI: 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, 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
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Woodland Creek Estates Addition #1 Subdividers Agreement
constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design, performance,
and function of the Development and related infrastructure.
SECTION XVII: 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 wnitten agreement between the City and
the Subdivider.
SECTION XVIII: NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agre1ement, 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 Muskeglo
POB 749
W182 S8200 Hacine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
To Subdivider:
Woodland Creek Estates LLC
Towne Realty, Inc. Sole Member
Attn: James W. Doering
710 North Plankinton Ave
Milwaukee, WI 53203
(414) 274-24818
(414) 274-272:8 facsimile
All notices shall be considered to halve been delivered at the time such notices are personally delivered
to each party, facsimile transmission, or electronic mail, or three (3) days after the date of postmark on
any prepaid certified letter.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone
or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default
by the party.
.
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Page 11
Woodland Creek Estates Addition #1 Subdividers Agreement
SECTION! XIX: 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. WOODLAND CREEK ESTATES LLC
TOWNE REAL TV, INC., SOLE: MEMBER
By:
William A. Wigchers, Vice President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this 4th day of November, 2006, William A. Wigchers, Vice President of
Towne Realty, Inc., to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
.
.
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Page 12
Woodland Creek Estates Addition #1 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:
Charles Damaske, Mayor
BY:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this 10th day of January, 2006, the above named Charles Damaske,
Mayor, and Janice Moyer, City Clerk-Treasurer of the City of Muskego, to me known to be the persons
executed the foregoing instrument, élnd to me known to be such Mayor and City Clerk-Treasurer of said
municipal corporation, and acknowlE~dged 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 13t day of December, 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 Subdivider's Agreement for
Woodland Creek Estates Addition #1 Subdivision, Muskego, Wisconsin, as entered into on the 10th day
of January, 2006, by and between Woodland Creek Estates LLC and the City Of Muskego, pursuant to
the authorization by the Common Council from their meeting on the 13th day of December, 2005.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This 10th day of January, 2006.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego PO Box 0749 Mw;kego, WI 53150-0749
WOODLAND CREEK ESTATES AND WOODLAND CREEK ESTATES ADDITION #1
SUBDIVISION RETENTION POND MAINTENANCE AGREEMENT
. This Agreement is made and entered into this 1 Olh dayof January, 2006, by Woodland
Creek Estates LLC, (hereinafter referred to as "Subdivider"), the incorporated Woodland
Creek Estates Homeowners 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 Final Plats for
Woodland Creek Estates and Woodland Creek Estates Addition #1 Subdivisions (the
"Subdivisions"), being a part of the lands described as:
Woodland Creek Estates;
BEING A PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20 AND
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21, TOWN 5 NORTH, RANGE
20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS:
.
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 SECTION; THENCE
SOUTH 88020'18" WEST ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID
SECTION 20 A DISTANCE OF 668.19 FEET TO A POINT; THENCE NORTH 01011'29" WEST
1333.54 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 20; THENCE NORTH 88027'45" EAST ALONG THE
NORTH LINE 672.00 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 20; THENCE NORTH 88"23'56" EAST ALONG SAID
NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21 A
DISTANCE OF 678.33 FEET TO A POINT; THENCE SOUTH 45016'25" EAST 636.78 FEET TO
A POINT; THENCE SOUTH 69019'40" EAST 68.00 FEET TO A POINT; THENCE SOUTH
76049'40" EAST 61.03 FEET TO A POINT ON THE WESTERLY LINE OF RACINE AVENUE;
THENCE SOUTHWESTERLY S131.11 FEET ALONG SAID WESTERLY LINE AND THE ARC OF
A CURVE WHOSE CENTER LIES TO THE NORTHWEST, WHOSE RADIUS IS 4528.66 FEET
AND WHOSE CHORD BEARS SOUTH 25028'20.5" WEST 929.47 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 88013'30"
WEST ALONG SAID SOUTH LINE 830.30 FEET TO THE POINT OF BEGINNING,
CONTAINING 51.22 ACRES, more or less, and
Woodland Creek Estates Addition #1;
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 ALL IN SECTION 20, IN
TOWN 5 NORTH, RANGE 20 EAST, ALSO THE SOUTH ONE ROD OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, TOWN 5 NORTH, RANGE 20
EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS:
.
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 SECTION;
THENCE SOUTH 88020'18" WEST ALONG THE SOUTH LINE OF SAID 1/4 SECTION 668.19
FEET TO THE POINT OF BEGINNING OF THE LANDS TO BE DESCRIBED; THENCE
CONTINUING SOUTH 88020'18" WEST 1336.37 FEET TO A POINT ON THE WEST LINE OF
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID NORTHEAST 1/4 SECTION; THENCE
NORTH 01031'09" WEST ALONG SAID WEST LINE 16.50 FEET TO A POINT; THENCE
NORTH 88020'18" EAST 668.23 FEET TO A POINT ON THE EAST LINE OF THE EAST 1/2 OF
THE SOUTHWEST 1/4 OF SAID NORTHEAST 1/4 SECTION; THENCE NORTH 01021'20"
WEST ALONG SAID EAST LINE 1318.47 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION; THENCE NORTH 88027'45"
EAST ALONG SAID NORTH LINE 672.00 FEET TO A POINT ON THE EAST LINE OF THE
WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID NORTHEAST 1/4 SECTION; THENCE SOUTH
01011 '29" EAST ALONG SAID EAST LINE 1333.54 FEET TO THE POINT OF BEGINNING.
CONTAINING 905,085 SQUARE FEET OR 20.7779 ACRES, more or less, and
.
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Woodland Creek Estates and Woodland Creek Estates Addition #'1 Subdivision
Retention Pond Maintenance Agreement
Page 2
WHEREAS, The City has approved the plats of Woodland Creek Estates and Woodland
Creek Estates Addition #1 Subdivisions and the construction of storm water retention
ponds within outlots on the Subdivisions; 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 Woodland Creek Estates and Addition #1 Subdivisions;
and
WHEREAS, Woodland Cree,k Estates and Woodland Creek Estates Addition #1
Subdivisions are 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 mana!~ement to be constructed in Woodland Creek Estates and
Woodland Creek Estates Addition #1 Subdivisions to minimize flooding and sediment
migration to Big Muskego lake and adjacent wetlands, watersheds, and other tributary
properties; and
WHEREAS, The Subdivider has established Woodland Creek Estates Homeowners
Association, Inc. a non-stock corporation consisting of the owners of Parcels lots 1-76
inclusive, hereinafter referred to as the "Association", which shall become the owner of
certain outlots upon recording of the final plats and Woodland Creek Estates and
Woodland Creek Estates Addition #1 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 A!~reement and the Storm Water Management Plan dated
February 20, 2006 on file in tlhe offices of the City of Muskego Building Department as
required by the City of Muske~lo Storm Water Management ordinance;
NOW THEREFORE, in consideration of the mutual covenants and agreements.
IT IS AGREED, as follows:
1. The Association, unless otherwise provided for in the Storm Water Management
Plan, shall be responsible for maintenance of the storm water management
measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved Storm Water Management Plan dated February 20,
2006 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.
.
Woodland Creek Estates and Woodland Creek Estates Addition #1 Subdivision
Retention Pond Maintenance A9reement
Page 3
4. The Association, on an annual basis, shall provide maintenance of each storm water
management measure, including but not limited to, removal of debris, maintenance
of vegetative areas, maintenance of structural storm water management measures
and sediment removal.
5. Upon notification to the Association, by the City of Muskego, of maintenance
problems, which require correction, the specified corrective actions shall be taken
within a reasonable time frame as set by the City of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association does not make the required corrections in the
specified time period. The costs and expenses shall be entered on the tax roll as a
special charge or special assessment against Lots 1-76 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 drawdowns 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 drawdowns, 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 control of the Association has not
been turned over to the Lot Owners by Subdivider prior to commencement of the
sixth (6th) year, the Subdivider shall deposit a minimum of one thousand dollars
($1,OOO.00) per year for each year said incorporation does not occur, plus any
additional costs as deemed necessary by the City, until such time control is held by
the Lot Owners.
9. This document is a part of the Woodland Creek Estates and Woodland Creek
Estates Addition #1 Subdivider's Agreements, 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.
.
.
.
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Woodland Creek Estates and Woodland Creek Estates Addition #1 Subdivision
Retention Pond Maintenance Agreement
Page 4
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. WOODLAND CREEK ESTATES LLC
TOWNE REAL TV, INC., SOLE MEMBER
By:
William A. Wigchers, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this 4th day of November" 2006, William A. Wigchers
Vice President of Towne Realty, Inc., to me known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS WHEREOF, the incorporated Woodland Creek Estates Homeowners
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.
.
Woodland Creek Estates and Woodland Creek Estates Addition #1 Subdivision
Retention Pond Maintenance A~jreement
Page 5
B. WOODLAND CREEK ESTATES HOMEOWNERS ASSOCIATION, INC.
By:
Woodland Creek Estates LLC
Towne Realty, Inc, Sole Member
William A. Wigchers, Vice President
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before us this 10th day of January, 2006" William A. Wigchers Vice
President of Towne Realty, Inc., to us known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS WHEREOF, City has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above
. CITY OF MUSKEGO
By:
Charles Damaske, Mayor
By:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
Personally came before me this 10th day of January, 2006, the above named Charles
Damaske, 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 authori~ and
pursuant to the authorization by the Common Council from their meeting on the 13 day
of December, 2006.
. Notary Public, Waukesha County, Wisconsin
My commission expires
.
.
.
Woodland Creek Estates and Woodland Creek Estates Addition #1 Subdivision
Retention Pond Maintenance Agreement
Page 6
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Woodland Creek Estates and Woodland Creek Estates
Addition #1 Subdivisions, Muskego, Wisconsin, as entered into on this 10th day of
January, .2006 by and betvveen Woodland Creek Estates LLC, the incorporated
Woodland Creek Estates Homeowners Association, Inc. and the City of Muskego,
pursuant to the authorization by the Common Council from their meeting on the 13th day
of December, 2006.
BY THE COMMON COUNCIL
Janice Moyer
City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this 10th day of January, 2006.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
WOODLAND CREEK ESTATES AND WOODLAND CREEK ESTATES
ADDITION #1 SUBDliVISION 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 Woodland
Creek Estates and Woodland Creek Estates Addition #1 Subdivisions, 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 Muskego and Woodland
Creek Estates Homeowners Association, Inc. regarding the management of storm
water in Woodland Creek Estates and Woodland Creek Estates Addition #1
Subdivisions. 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 stabiilization 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 Woodland Creek Estates and Woodland Creek Estates Addition #1
Subdivisions. The Subdivider shall as-built the tïnish grade of the ponds and
provide the as-built plans to the City and Woodland Creek Estates Homeowners
Association, Inc. The Subdivider shall also provide a benchmark 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 Woodland Creek
Estates Homeowners 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 Woodland Creek
.
.
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Woodland Creek Estates and Addition #1 Subdivisions
Stormwater Management Plan
Page 2
Estates and Woodland Creek Estates Addition #1 Subdivisions 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.
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 rounh fish from Big Muskego Lake.
The City and the DNR have established certain requirements for retention ponds and
storm water management within Woodland Creek Estates and Woodland Creek
Estates Addition #1 Subdivisions 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 benchmark 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
Woodland Creek Estates and Woodland Creek Estates Addition #1 Subdivisions
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 WOODLAND
CREEK ESTATES HOMEOWNERS ASSOCIATION, INC.
An incorporated association of the owners of all single family lots in Woodland Creek
Estates and Woodland Creek Estates Addition #1 Subdivisions has been created for
the purposes of managing and controlling Common Areas including the outlots which
.
.
.
Woodland Creek Estates and Addition #1 Subdivisions
Stormwater Management Plan
Page 3
contain the storm water retention ponds. This owner's association is formally titled
Woodland Creek Estates Homeowners 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
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 entered on the
tax roll as a special charge or special assessment against Lots 1-76 inclusive on
an equal pro-rata basis and collected with any other taxes levied thereon for the
year in which the work is completed.
THIS INSTRUMENT DRAFTED BY ÆFF MUENKEL, CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
Approved February 20, 2006
05/05/06 13: 11 FAX 414 274 2709 ZILBER LTD ./TRI !4I002
.
.
.
Tllis DRAFT lC is provided to you at your req\Jest. There is no obligation or commitment on our part to issue such LC in
the Jùlure, despite our assistance in the preparation of this DRAFT LC. Our original LC would appear on company
letterhead.
Dat~; XXXXXXXXXX
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB:XXXX
AMOUNT: USDXXXXXXX
APPLICANT: Woodland Creek ESlatèS LLC, 710 Plankinton Ave., Milwauk~, WI 53203
RF.NRFlCIARV: City of Muske~;o-J>lannínß Deparlment
P.O, Box 749
W182 S8200 Racine Avenue
Mu!;kego WI 53150
We hereby issue this Irrevocable Documemary Credit in your favor, effeclive dille or XXXXXXxx..'{XXX. which is
available by Beneficiary':; dralì(s) at sight drawn on tbe M&I Marshall & IIsley Bank. Eaeh draft accompanying
documents mu:.1 state: "Drawn under M&I Marshall & IIsley Bank Standby Lener of Credit No. SH XXXX:'
111is Standby Credit i!; to provide a guarantee to the City of Muskego for the performance ofLhe Applicant's obligations under
that certain Agreement daled XXXXXXXXXXXXX belwçen the City of Muskego ,and the Applicant.
DRAFTS ARE TO BE ACCOMPANIED BY:
A statemem sí~ned by the Mayor of the City of Muskego stating that Lhe Applicant has failc.-d to completc the construction
of subdivision improvements in accordance with said Agreement or otherwise comply with the obligation~ øf the
Agreement. Said statement shall ~et forol the estimated amount necessary for the Ciry or Mu~kego 10 complete such
improvements or otherwise comply with the obligations oflhe Agreement.
SPECIAL CONDITIONS:
This Standby Credit will tenninate on the XXXXXXXXXXXXXx. provide'l, however. the M&I Man;hall & IIsley Bank
shall give written nolice 10 lhe Beneficiary of ils intention to terminate this slandby credit al ninety (90) days prior to the
XJCXX...'{)()(){)(X)(.,'OOC, After said dale, this Ic:ttcr of credit ean only tenninatle upon ninety (90) d:lYs wrinen nOIiee YO
the Beneficiary.
It is hereby a~reed by all parties hereto that the reference to "Agreèment" is ror identific:nion purposes only and such
rererence shaH nol be conslrued in l1l1Y m3nner to require M&I Marshall & IIsley Bank to inquire into its tenns and
obligation:;,
We engage with you that drafts drawn under and in compliance with the term$ or this credil will be dl,lly honored if
presented on or b.;:fore the expiration dal,e. This ~)rjginal Sl3ndby Credit must be submitted to tiS together with any
drawings hereunder for our endorsemcnt of any payments effected by us and/or for cancellation.
The Maximum Amow1t of this Lenel' of Credit may be I'educed upon our receipt of the City of MU$kegø's faxed nl)lice.
completed in the format ;,mached herelo ~s l:x.hibit 1 (Page 2). on its lellerhe<ld and Ilriginally :.igned,
M&I MARSHALL & ILSLEY BANK
Authoriz!:d Signllture
s: intVwllrdlldraft.~/wOC1dllll1d creek.doc
05/05/06 13: 12 FAX 414 274 2709 ZILBER LTD./TRI 141 003
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.
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Page 2, Exhibit I, of Lcttcr of Credit No. 5B XXXX.
(Following Iu I.Jppear 011 the Beneficiary s lenerhead. with appropriate bhmks COlllple/t<d.)
CERTIFICATE FOR REDUCTION TO STAN OBY LETTER OF CREDIT NO. SB XXXX
DATE:
TO: M&I Marshall & lIsley Bank
Global Trade Services
770 N. Water Street, 10'h Floor
Milwaukee. W1 53202
Fax: 414-765-7788
RE: Reduction Ccrtitìeate No. tl) teller of Credit No. SB XXXX
Applicam: Woodland Creek Estate:s LLC
You are irrevocably authorized to reduct the Maximum Amount of this Letter of Credit to USD
_ __ . .
r;ven though you did not endorse the reverse of lhe original Letter of Credit for such reduction.
Regards.
City of Muskego
II
Authorized Signatun." IlTille
ce; Woodland Creek esta[èS LLC
**/f this Cen[(ìcare I"ed/lces The MaJ.im/lm Arnor"tJC to USDO.OO, please ret/lrn the original Leller of CrediT and all
Amendments to 7,1.1'[01' cancellatiol7. **