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CCR2007166COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #166-2007 . APPROVAL OF SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Belle Chasse Subdivision Phase #1 WHEREAS, A Preliminary Plat was approved for the Belle Chasse Subdivision located in the SE 1/4 and SW 1/4 of Section 11 as per Council Resolution #099-2007; and WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for the Belle Chasse Subdivision Phase #1 and the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the Subdivider's Agreement and Letter of Credit for the Belle Chasse Subdivision, subject to approval of the City Attorney 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. 042-2007 as amended and adopted. BE IT FURTHER RESOLVED That all of said approvals for the Subdivider's Agreement and Letter of Credit 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 Subdivider and City agree that this agreement is for the installation of public and private improvements for Phase 1 of the Belle Chasse development and a new Developer's Agreement and Letter of Credit must be approved by the City before Phases 2 and 3 are constructed. BE IT FURTHER RESOLVED The City will re-review the improvements required for subsequent phases and future upgrades to improvements may be required for future phases depending on the impacts and the timing of the phases. BE IT FURTHER RESOLVED The Subdivider shall have the Final Plat submitted and approved by April 24th, 2008 (Within one year of the Preliminary Plat approval, which took place on April 24th, 2007 per Council Resolution #099-2007) and that the Final Plat may not be approved until the Acceptance of Improvements is found by the Council for the improvements of Phase #1. 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 14TH DAY OF AUGUST ,2007. SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Neil Borgman Ald. Keith Werner . This is to certify that this is a true and accurate copy of Resolution #166-2007 which was adopted by the Common Council of the City of Muskego. aLÞl/3t;~~. V-Treasurer - . . . Planning Department I Memo To: Common Council Jeff Muenkel AIC& August 7, 2007 Belle Chase Developer's Agreement and Letter of Credit From: Date: Re: The resolution to approve the Belle Chasse Developer's Agreement and Letter of Credit is a bit different than what has occurred in the past. Usually, we have waited to approve these items along with the Final Plat. The Final Plat would then be recorded and the developer could then begin improvements once this was all complete. We are now changing the order of events for subdivision approvals in order to protect our Mure residents a bit better. The new order of events will be as follows: 1. 2. 3. 4. Receive Preliminary Plat approval at Plan Commission and Council Receive construction plan approval from Public works and Public Utilities Committees Receive Developer's Agreement and Letter of Credit Approval from Council Receive Final Plat approval only when the improvements are complete and Council passes a Resolution of Acceptance of these improvements This scenario is already allowed by our ordinance; we have just chosen to do it the previous way in the past years. The new way will allow us to make sure the subdivision is substantially complete before we will allow the Final Plat to be approved and recorded, which will also make certain that new residents won't get sold a lot until the subdivision is done as well. Our previous way allowed a developer to sell lots before building permits could be issued or before the subdivision was complete. This made some new residents irritant and caused unneeded staff time in watching over the developer punch lists. Staff will be on hand to discuss this further, but Council should see in the developer's agreement that the City is still adequately protected in the event the developer fails to install improvements. The agreement will not allow building permits until improvements are completed and the letter of credit is still required before improvements begin. Thank You. . . . IRREVOCABLE STANDBY LETTER OF CREDIT NO Issuer: North Shore Bank, FSB Date of Issue: August ----' 2007 Amount of Credit: Two Million Five Thousand Tw ($2,005,266.00) which repres itemized within the Public Phase I attached as Attachment Beneficiary: City of Muskego Post Office Box 74 W 182 S8200 Racine Muskego, WI 53150- Applicant: credit in your favor which is available by Beneficiary's ank, FSB. Each Draft accompanying documents must SB Documentary Credit No. " This Standby L of Applicant's ob of Muskego and App to provide a guarantee to the City of Muskego for the performance er that certain agreement dated August -' 2007, between the City Agreement"). DRAFTS ARE TO BE ACCOMPANIED BY: A statement signed by the Mayor of the City of Muskego stating that Applicant has failed to complete the construction of subdivision improvements 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. . . . :Ág O:S~ ')J:NVO: IDIOHS HJ..lION 'Áp1gJU~S Áue JO ~Ug JO 19U9l qp ~~pgl;) JO 19U9l s. 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ATTACHMENT 1 PL'BLIC Th'IPROVEl\IE1"iT COST BREAKDO"\'N BELLE CHASSE PIL>\.SE I .July 31. 2007 #1 ROAD CONSTRUCTION Excavation to subgrade Ston," ba~ lDaterial Bituminous 10vI"eI" course pavenlent Bitunùl1ous upper course pavenlent Concrete paVetnel1t Other- Recreational Trail grading and paving Engineering Inspeerions a. b. c. d. e. f. g. #2 a. b. SITE GR...o.DINGlLANDSCAPING Lot grading Dctinage ditch construction Retention pond construction Parking area constrllction-incl paVeIUe11t Tree & shrub planting,; Landscaping",s specified by City Erosion control Engineering Inspections Other c. d. '". f. g. h. 1. #3 TOPSOIL. SEEDING/SODDING Road ditch area T~ce areas - in RO'\V Drainage ditches Ret=t1o11 ponds Areas as specified by City Engtneering Inspecbons Other a. b. c. d. e. f. g. #4 CONCRETE IMPRO\lE!>.1ENTS Curb &, Gutter Sidewalk BlvdJtraffic islands Ditch inverts Engineering Inspections Other a. b. c. d. e. f. #5 a. b. Sk'<J:T ARY SEWER SYSTEl"vI Mains,risers & 1\1anholes Laterals Pumping station & Generator Force tnain Grinder pUfnps &ch..'uTIber-indivm",',"llmg c. d. e. Proooseð Cost ADJ. BAL. S 79,278.00 $79.278.00 S 67,347.00 $67,347.00 S 93.468.00 $93,468.00 S 50,652.00 550,652.00 S - SO.OO S 2.459.00 $2,459.00 S - SO.OO S 293,204.00 $0.00 $293,204.00 S 197,321.00 $197,321.00 $ - S - $0.00 S - $0.00 $ 78,944.00 $78.944.00 S - $0.00 $ 38,038.00 538,038.00 $ - SO.OO $ - $0.00 $ 314,303.00 $0.00 $314.30300 S 58,280.00 S58,280.00 $ - $0.00 5> - $0.00 5> .. $0.00 :$ - $0.00 5> - $0.00 5> - $0.00 S 58,280.00 $0.00 858,280.00 S 38,874.00 $38.874.00 $ - $0.00 s - so.oo s - $0.00 $ - $0.00 $ - $0.00 $ 38.874.00 $0.00 838 874.00 S 331,867.00 $331.867.00 $ 61,457.00 $61.457.00 $ 345,817.00 $345,817.00 S 40,068.00 $40.,068.00 $ - SO.OO 00"000'817$ oo"S)9Z'SOO', $" . oo"S)9;c'Soo <.-$ 00"0$ OO"S)9Z'SOO', $" 00 " OOO'SL$ 00"0$ OO'ooO'SL S oo'OOO'OZS: OO"ooO'OZ S 00"0$ S oo"ooO'S$ OO'ooO'S S 00"0$ S 00'000'81--$ 00"000'817 S 00'000.::$ 00"000", S oo'OSI>"$ 00'0$ oo'OSv $ 00'0$ '$ 00'0$ S 00'0$ S oo'OSv$ oo'O5v S 00'0$ S oo",çs-"SSZ$ 00"0$ 00' ZSS'SSZ: '$ oo"v~Z:'í'$ OO'vf"Z'~ S 00"0$ $" oo"ooS'SS OO'ooS-S S oo"iLL' Z~S OO"'iLL'Z'i '$ 00'0$ $ oo"oo,,'v IS 00'00,,'t-1 '$ oo'S179'Z:Ol:$ OO"S179'ZOl: S oo'V6E'SSI$ 00'0$ 00'v6~'SSI $ 00'0$ '$ 00'0$ '$ 00'0$ S oo'OZ:S'S!;:$ OO"O;cS'S~ S 00',,"18'~!;:'$ 00'vI8"i~ S 00'090'911$ 00"090'911 S "ïV8: '.cav 1"8: "'8"8: oo"60;c' ISLS 00"0$ 00'60Z'19L $" 00 " OOO'ZS 00'000'<.- $" 00'0$ '$ . . *..."",..".x""~3 >e"""'f<Hd 1"'<>' 1" P"Pnp1:J~ ","SO,::> :8u~m:8u", 1"'0.L**>ìu~~u,2!u3 .LN:no~ LlCl=nL::> d:O "H3.L.L3'ì ";0 001 3.Lvv.u.LS3.L::>3.CO"Ud 'V.LOl (~,"UI"S) =tt10 UO~,...nb:>e pue, 1"21.., ....=n=.M"J:dun punoñb"",pun .xOJ "'I~nq "e.1ifu!.-.....2hg (:::XJ'T ne '><>.1 I=..x) suo~.~"n "8u:a no..=.x""'U1upe .IÚ'::> S33d "J .",' "P .'" 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FEE: 4B. 00 REG. FEE -GO: 5. 00 REG. FEE-ST: 2.00 TRAN. FEE: TRAN. FEE-STATE: PAGES: 23 LEGAL DESCRIPTION FOR LANDS LYING TO THE WEST OF DURHAM DRIVE: All of Parcel 1 and Parcel 2 of Certified Survey Map No. 1524 together with unplatted lands, all of which are located in part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularfy described as follows: Commencing at the Southwest comer of the Southeast Quarter (SE 1/4); thence North 01006'01' West along the West line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence North 87050'16- East along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 1138.82 feet; thence North 47024'44- West RecordingArea 200.06 feet to the beginning of a curve of radius 333.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 147.64 feet, the chord of which bears North 34042'40" West 146.43 feet; thence South 87050'16" West 197.38 feet; thence North 02009'44- West 106.07 feet; thence North 87050'16" East 175.83 feet; thence North 09021'41" West 941.34 feet to the South line of Certified Survey Map No. 9347; thence South 87048'41' West along the said South line 467.90 feet to the West line of said Certified Survey Map 9347; thence North 07000'43" West along the said West line 1.55 feet to the South one sixteenth (S 1/16) line of the Southeast MSKC 2203.990, 2230.990.001, & 2204.996 Quarter (SE 1/4); thence South 87049'02" West along the said (S 1/16) line 286.25 feet to the South one quarter (S 1/4) line; thence South 87058'00" West along the South one sixteenth (S 1/16) line of the Southwest Quarter (SW 1/4) 1313.27 feet to the East right-of-way line of Mystic Drive; thence South 01007'40" East along the said right-of-way line 1301.95 feet; thence North 88007'53- East along a line parallel to and 25.00 feet North of the South line of the Southwest Quarter (SW 1/4) 1312.62 feet to the point of beginning, containing 64.7969 Acres, Name and Return Address City of Muskego Planning Dept. P.O. Box 749 Muskego, WI 53150 .~J ,ffi)1 rJl~,J,(,r LEGAL DESCRIPTION FOR THE LANDS LYING TO THE EAST OF DURHAM DRIVE: All that part of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin: being more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter (SE 1/4); thence North 01019'37" West along the East line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence South 87050'16" West along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 768.68 feet to the East line of Certified Survey Map No. 1550; thence North 01018'22" West along the said East line 281.36 feet to the North line of said Certified Survey Map; thence South 87050'16" West along the said North line 934.49 feet to the beginning of a curve of radius 267.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 64.66 feet, the chord of which bears North 16017'56" West 64.50 feet; thence North 09021'41" West 934.70 feet to the South right-of-way line of McShane Drive; thence North 87046'18" East along said right-of-way line 726.15 feet to the West line of Certified Survey Map No. 5998; thence South 02013'42" East along said West line 182.00 feet to the South line of said Certified Survey Map 5998; thence North 87046'18" East along the said South line 450.00 feet to the East line of Said Certified Survey Map 5998; thence North 02013'42" West along the said East line 182.00 feet to the said South right-of-way line of McShane Drive; thence North 87046'18" East along the said right-of- way line 674.28 feet to the East line of the Southeast Quarter (SE 1/4); thence South 01019'37" East along the said East line 1273.47 feet to the point of beginning, containing 43.5895 Acres, and This information must be: completed by the submitter. document title. name & return address. and fIM (if required). Other information such as the granting clauses, legal description, etc. may be: placed on this fmt psge ofthc document or may be: placed on additional psges of the document ~ Use of this cover page adds one page to your document and $2.00 to the n:cordin~ fee.. Wisconsin Statutes. 59.517. WRDA 2196 " [1 0 9 8 8 AUG 17 ::; . BELLE CHASSE lLC - CITY OF MUSKEGO BELLE CHASSE PHASE #1 SUBDIVIDER'S AGREEMENT This Agreement, made this 15th day of August, 2007 by and between Belle Chasse 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 the Preliminary Plat for the Belle Chasse Subdivision (the "Subdivision"), a part of the lands described as: . LEGAL DESCRIPTION FOR LANDS LYING TO THE WEST OF DURHAM DRIVE: All of Parcel 1 and Parcel 2 of Certified Survey Map No. 1524 together with unplatted lands, all of which are located in part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularly described as follows: Commencing at the Southwest comer of the Southeast Quarter (SE 1/4); thence North 01006'07" West along the West line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence North 87050'16" East along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 1138.82 feet; thence North 47024'44" West 200.06 feet to the beginning of a curve of radius 333.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 147.64 feet, the chord of which bears North 34042'40" West 146.43 feet; thence South 87"50'16" West 197.38 feet; thence North 02009'44" West 106.07 feet; thence North 87"50'16" East 175.83 feet; thence North 09021'41" West 941.34 feet to the South line of Certified Survey Map No. 9347; thence South 87"48'47" West along the said South line 467.90 feet to the West line of said Certified Survey Map 9347; thence North 07.00'43" West along the said West line 1.55 feet to the South one sixteenth (S 1/16) line of the Southeast Quarter (SE 1/4); thence South 87049'02" West along the said (S 1/16) line 286.25 feet to the South one quarter (S 1/4) line; thence South 87"58'00" West along the South one sixteenth (S 1/16) line of the Southwest Quarter (SW 1/4) 1313.27 feet to the East right-of- way line of Mystic Drive; thence South 01007'40" East along the said right-of-way line 1301.95 feet; thence North 88007'53" East along a line parallel to and 25.00 feet North of the South line of the Southwest Quarter (SW 1/4) 1312.62 feet to the point of beginning, containing 64.7969 Acres. LEGAL DESCRIPTION FOR THE LANDS LYING TO THE EAST OF DURHAM DRIVE: All that part of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter (SE 1/4); thence North 01019'37" West along the East line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence South 87"50'16" West along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 768.68 feet to the East line of Certified Survey Map No. 1550; thence North 01018'22" West along the said East line 281.36 feet to the North line of said Certified Survey Map; thence South 87"50'16" West along the said North line 934.49 feet to the beginning of a curve of radius 267.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 64.66 feet, the chord of which bears North 16017'56" West 64.50 feet; thence North 09021'41" West 934.70 feet to the South right-of-way line of McShane Drive; thence North 87"46'18" East along said right-of-way line 726.15 feet to the West line of Certified Survey Map No. 5998; thence South 02.13'42" East along said West line 182.00 feet to the South line of said Certified Survey Map 5998; thence North 87046'18" East along the said South line 450.00 feet to the East line of Said Certified Survey Map 5998; thence North 02013'42" West along the said East line 182.00 feet to the said South right-of-way line of McShane Drive; thence North 87046'18" East along the said right-of-way line 674.28 feet to the East line of the Southeast Quarter (SE 1/4); thence South 01019'37" East along the said East line 1273.47 feet to the point of beginning, containing 43.5895 Acres, 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 on certain other approvals, Subdivider's plans and specifications for subdivision improvements, and . . . Page 2 Belle Chasse Subdivider's Agreement :1 0 0 9 8 9 AUG 17 t; WHEREAS, The City's Plan Commission and Common Council have duly approved the preliminary plat of the Belle Chasse Subdivision and as per Section 18.31(2)e of the Muskego Chapter 18 Land Division ordinance, the developer wishes to start improvements for the subdivision before the approval of the final plat. WHEREAS, Starting improvements before Final Plat approvals from the Council is permitted as long as: Approval is found of the construction plans by the City Engineer, the Public Works Committee and the Public Utilities Committee; A Developer's Agreement agreeing to install the required improvements is approved and recorded between the Subdivider and City; and, a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements is given. NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as follows: SECTION I : PHASING 1. Subdivider and City agree that this agreement is for the installation of public and private improvements described in Section III for Phase 1 of the Belle Chasse development, which consists of Lots 1-42 on the Preliminary Plat approved per Council Resolution #099-2007 on April 24th, 2007. A new Developer's Agreement must be approved by the City before Phases 2 and 3 are constructed. The City will re-review the improvements required for subsequent phases. Future upgrades to improvements may be required for future phases depending on the impacts and the timing of the phase. SECTION II: PLATTING 1. This Subdivider's Agreement addresses the development of 132 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 Suburban Residence District as modified by the PO Planned Development zoning. a) Single-family parcels shall conform to the zoning requirements of an RS-2 Suburban Residence District as modified by the PO Planned Development zoning. The PO zoning is allowed per Common Council approval and the PO can permit flexibility in the underlying zoning requirements. The Belle Chasse PO allowed increased densities 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 40 feet, side yard offsets of 15 feet on one side and 20 feet on all other sides. b) Outlots shall be reserved for open space management and stormwater purposes consistent with PO Planned Development overlay zoning requirements, and shall be owned and maintained by Owners Associations established by Subdivider. Outlots 2, 3, 6, and 8 will be required to have a Conservation Easement governing them at Final Plat time. The Conservation Easement will allow the City the ability and right to manage the lands subject to preservation restrictions. 2. Subdivider shall entirely at its expense: a) As per Section 18.31(2)d of the Muskego Chapter 18 Land Division ordinance, have the Final Plat submitted and approved by April 24th, 2008 (Within one year of the Preliminary Plat approval, which took place on April 24th, 2007 per Council Resolution #099-2007). The Subdivider shall cause the Final Plat of Belle Chasse to be executed and recorded, and shall provide City with evidence of recording. Note: The Final Plat cannot be approved until after the acceptance of improvements found in Section VI of this agreement to ensure that no lots are sold . . . Page 3 Belle Chasse Subdívider's Agreement '-1 n 0 9 9 0 I,Ur. i 7 r- \, h ...' 0 until said acceptance is complete. b) 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. c} Provide the City with title evidence showing that upon recording the Final Plat, the City will have good, indefeasible title to all interests in land dedicated or conveyed to the City by the Plat d) Before any improvements found in Section III of this agreement begin, 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. e) Place and install monuments required by State Statute or City Ordinance. 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 June 18, 2007, 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 City Engineer or his designee 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 City Engineer or his designee and Public Works Committee on June 18, 2007 for 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 acceptance 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 City Engineer or his designee and Public Works Committee on June 18,2007 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 aU Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. . . . n 0 0 9 9 \ AUG \1 E Page 4 Belle Chasse Subdivider's Agreement 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 City Engineer or his designee and Public Works Committee on June 18, 2007 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 s.anitary sewage collection system throughout the entire Subdivision, and including off site improvements necessary to provide such system, as approved by the City Engineer or his designee and the Public Utilities Committee on June 18, 2007 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 City Engineer or his designee, 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 City Engineer or his designee, 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, and including off site improvements necessary to provide such system, as approved by the City Engineer or his designee and Public Utilities Committee on June 18, 2007 and in accordance with the plans and specifications on file in the City Buìlding 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: 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 street tree and landscape plans that were approved by the Planning Director and City Forester prior to the signing of this agreement. Planting may be deferred until the time that ninety percent (90%) of n 0 9 9 2 AUG Iì b Page 5 Bene Chasse Subdivider's Agreement . the homes have been completed or twenty..four (24) months after the date of acceptance of improvements, 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 City Engineer or his designee and Public Works Committee on June 18, 2007 and in accordance with the plans and specifications on file in the Building and Engineering Department. 2. Construct, install, fumish 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 City Engineer or his designee and Public Works Committee on June 18, 2007 and in accordance with the plans and specifications on file in the City Building and Engineering Department. No construction or grading can begin until the City issues said permit, 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 . 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 substantially completed. or twenty-four (24) months after the date of acceptance of improvements. 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. . 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 n 0 0 9 9 3 AUG 17 b Page 6 Belle Chasse Subdivider's Agreement . said conversions and City may utilize Subdivider's Developers Deposit account for all charges related hereto. SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the streets, sanitary sewers, water mains, storm water drainage facilities (excluding those facilities which are to be owned and maintained by the Bene Chasse 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 hereditaments which may in any way be a part of or pe.rtain 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. . 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. 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. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the subdivision necessary: 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 a copy of the recorded documents are delivered to the Planning Department, 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 City Engineer or his designee by a Registered land Surveyor that all lot grades conform to the Master Grading Plan. SECTION VII: INSPECTION AND ADMINISTRATION 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, . . . Page 7 Belle Chasse Subdivider's Agreement '1 (1 0 9 9 4 AUG 17 b 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 VIII: MISCELlANEOUS REQUIREMENTS The Subdivider shall: 1. Easements: Provide any easements on Subdivider's land deemed necessary by the City Engineer or his designee 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: 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 X: GUARANTEES The Subdivider shall guarantee the public roads and streets. sanitary sewers. water mains. surface water drainage improvements and all other improvements described in Section III. against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Subdivider shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govem such situation. SECTION XI : GENERAL INDEMNITY In addìtion 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. provided that any such claim, damage. loss. or expense (i) is attributable to bodily injury, . . . Page 8 Belle Chasse Subdivider's Agreement , ,. ,~ r- (', n 0 9 9 5 ~Ub i I 0 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 them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Subdivider, its officers, agents, independent contractors, employees under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. b) Personal liabilitv of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, or employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and hold City and its officers, agents, independent contractors, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Plat and this Agreement (including but not limited to street right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Subdivider shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Subdivider of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Subdivider shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover both Subdivider and the City and its agents, employees, and officials, and all insurers shall agree not to cancel or change the same without at least thirty (30) days written notice to the City. A certificate of Subdivider's insurance shall be furnished to the City upon execution of this Agreement. Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City's right to recover thereon. SECTION 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 Page 9 Belle Chasse Subdìvíder's Agreement '\ n 0 9 9: ..U1," I' ./' r- , . \; H 'l; 0 . 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 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 XIV: BUILDING AND OCCUPANCY PERMITS: . It is expressly understood and agreed that no building permits shall be issued for any homes until the City Engineer or his designee has determined that: 1. A letter of credit remains on file or the remaining improvements. 2. The proper Recapture Assessment has been paid. 3. The Final Plat is recorded and the appropriate copies and mylar of the recorded plat are delivered to the Planning Department. 4. The Resolution of the acceptance of improvements is approved by the City. 5. Any 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 for this phase of development including the street trees/landscaping in the 30-foot easement along both sides of Durham Drive. Installation of street trees/landscaping in the 30-foot easement along both sides of Durham Drive is required before occupancy of homes as well. 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, in the City Attorney approved form, setting forth terms and conditions in the amount of $2,005,266.00 as a guarantee that the required plans and improvements Page 10 Belle Chasse Subdivider's Agreement (1 n 0 9 9 7 AUG \ 1 S . 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 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 City Engineer or his designee 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 City Engineer or his designee 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. 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 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 written agreement between the City and the Subdivider. SECTION XVIII: NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of aU 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: . . . Page 11 Belle Chasse Subdivider's Agreement (1 n 0 9 9 8 AUG í7 G 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: Belle Chasse llC Carity land Corp. Attn: Bill Carity 12720 West North Avenue Brookfield, WI 53005 (262) 785-1968 (262) 785-1949 facsimile All notices shall be considered to have 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. . n n 0 9 9 9 AUG 17 S Page 12 Belle Chasse Subdivider's 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. BELLE CHASSE LLC By: STATE OF WISCONSIN) SS WAUKESHA COUNTY ) . My Commission Expi . Page 13 Belle Chasse Subdivider's Agreement n [) \ 0 0 0 AUG \ 1 S . 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. \ \\ I 111111/ 1/ III ", c: MU II~ "" o~ S I~~~ "...!.. """"-""- ~Þ"" S'~ ,.,." "'~"Q~ 1 (J/" OöPOo Al; "\ 0 ~ - . c; ,T'o ""'i L'o' ... ê ( ,~rë:2 '0 ,," ) ~ :: ; ::':'ìi.-,/6\!1 : = \ '\ ç::) L::::::'-"ùL:::J./ I ~ """~, r"'..';:;::::: '1 lA' '.. ..' b... " "... 'VA ""~""" ~~. ," "~~~II"'UKES """ 111111111111\\\' /' :" ß"'sk': I Dy"'ì Ucrk STATE OF WISCONSIN) SS WAUKESHA COUNTY) . This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Belle Chasse Subdivision, Muskego, Wisconsin, as entered into on the 15th day of August, 2007, by and between Belle Chasse LLC and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the 14th day of August, 2007. SUBSCRIBED AND S This 15th day of Augus ~( / r, City Clerk Treasurer ,/"'0 ~? ...-1V 1 .x ."" /' My commission .exPires . This instrument drafted by Je uenkel, Director of Planning City of Muskego PO Box 0749 Muskego, WI 53150..Q749 n I 00 AUG 17 b BELLE CHASSE SUBDIVISION RETENTION POND MAINTENANCE AGREEMENT . This Agreement is made and entered into this 15th day of August, 2007, by Belle Chasse LLC, (hereinafter referred to as "Subdivider'), the incorporated Belle Chasse 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 the Preliminary Plat for the Belle Chasse Subdivision (the "Subdivision"), a part of the lands described as: . LEGAL DESCRIPTION FOR LANDS LYING TO THE WEST OF DURHAM DRIVE: AU of Parcel 1 and Parcel 2 of Certffied Survey Map No. 1524 together with unplatted lands, all of which are located in part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularly described as follows: Commencing at the Southwest comer of the Southeast Quarter (SE 1/4); thence North 01"06'07" West along the West line of the Southeast Quarter (SE 114) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence North 87"50'16" East along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 1138.82 feet; thence North 47024'44" West 200.06 feet to the beginning of a curve of radius 333.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 147.64 feet, the chord of which bears North 34042'40" West 146.43 feet; thence South 87"SO'16" West 197.38 feet; thence North 02009'44" West 106.07 feet; thence North 87OSO'16" East 175.83 feet; thence North 09021'41" West 941.34 feet to the South line of Certified Survey Map No. 9347; thence South 87"48'47" West along the said South line 467.90 feet to the West line of said Certified Survey Map 9347; thence North 07"00'43" West along the said West line 1.55 feet to the South one sixteenth (S 1/16) line of the Southeast Quarter (SE 1/4); thence South 87"49'02" West along the said (S 1/16) line 286.25 feet to the South one quarter (S 1/4) line; thence South 87.58'00" West along the South one sixteenth (S 1/16) line of the Southwest Quarter (SW 1/4) 1313.27 feet to the East right-of-way line of Mystic Drive; thence South 01007'40" East along the said right-of-way line 1301.95 feet; thence North 88007'53" East along a line parallel to and 25.00 feet North of the South line of the Southwest Quarter (SW 1/4) 1312.62 feet to the point of beginning, containing 64.7969 Acres, LEGAL DESCRIPTION FOR THE LANDS LYING TO THE EAST OF DURHAM DRIVE: AU that part of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter (SE 1/4); thence North 01019'37" West along the East line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence South 87"50'16u West along a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 768.68 feet to the East line of Certified Survey Map No. 1550; thence North 01018'22" West along the said East line 281.36 feet to the North line of said Certified Survey Map; thence South 87"50'16" West along the said North line 934.49 feet to the beginning of a curve of radius 267.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 64.66 feet, the chord of which bears North 16017'56" West 64.50 feet; thence North 09021'41" West 934.70 feet to the South right-of-way line of McShane Drive; thence North 87"46'18R East along said right-of-way line 726.15 feet to the West line of Certified Survey Map No. 5998; thence South 02.13'42" East along said West line 182.00 feet to the South line of said Certified Survey Map 5998; thence North 87046'18" East along the said South line 4SO.00 feet to the East line of Said Certified Survey Map 5998; thence North 02"13'42" West along the said East line 182.00 feet to the said South right-of-way line of McShane Drive; thence North 87046'18" East along the said right-of-way line 674.28 feet to the East line of the Southeast Quarter (SE 1/4); thence South 01019'37" East along the said East line 1273.47 feet to the point of beginning, containing 43.5895 Acres, and WHEREAS, The City has approved the plat of Belle Chasse Subdivision and the construction of storm water retention ponds within outlots on the Subdivision; 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 Belle Chasse Subdivision; and Þj n I 0 0 2 AUG 17 (; . Belle Chasse Subdivision Retention Pond Maintenance Agreement Page 2 WHEREAS, The City and the DNR have established certain requirements for retention ponds and storm water management to be constructed in Belle Chasse Subdivision to minimize flooding and sediment migration to adjacent wetlands, watersheds, and other tributary properties; and WHEREAS, The Subdivider has established Belle Chasse Homeowners Association, Inc. a non-stock corporation consisting of the owners of aU single-family parcels, hereinafter referred to as the "Association", which shall become the owner of certain outlots upon recording of the final plat and Belle Chasse 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 June 18, 2007 on file in the offices of the City of Muskego Building Department as required by the City of Muskego Storm Water Management ordinance; NOW THEREFORE, in consideration of the mutual covenants and agreements. IT IS AGREED, as follows: . 1. The Association, unless otherwise provided for in the Storm Water Management Plan, shall be responsible for maintenance of the storm water management measures. 2. The Association shall maintain the storm water management measures in accordance with the approved Storm Water Management Plan dated June 18, 2007 on file in the offices of the City of Muskego Planning 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 aU single-family Belle Chasse lots on an equal pro-rata basis and collected with any other taxes levied thereon for the year in which the work is completed. [-1 n I 0 0 3 AUG 17 S . Belle Chasse Subdivision Retention Pond Maintenance Agreement Page 3 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 maintenance 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 maintenance in the following year. At the Subdivider's request, the City will refund the original $3,000.00 deposit if it still exists after the first five years, however, only up to $2,000.00 may be refunded so that at least a $1,000.00 balance will remain in the account for the Association. 8. Any annual costs in excess of the $1,000.00 account balance, and which are associated with the retention pond maintenance, 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 ($1,000.00) 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 Belle Chasse 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. . no, 0 0 4 AUG! 7 S . Belle Chasse 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. BELLE CHASSE LLC r- By: ~ William Carity, Manager STATE OF WISCONSIN) 5S WAUKESHA COUNTY ) PERSONALLY came before me this 15th day of August, 2007, William Carity, Manager, to me known to be the person who executed the foregoing instrument and acknowledged the same. 8 My Commission Expires ~"-/ Z . . . . ;Ì (1 I 00 5 AUG j] 6 Belle Chasse Subdivision Retention Pond Maintenance Agreement Page 5 B. BELLE CHASSE HOMEOWNERS ASSOCIATION, INC. By: ~~~ Belle Chasse LLC William Carity, Manager STATE OF WISCONSIN) SS WAUKESHA COUNTY ) My commission expires' -/ llOf~ IN WITNESS WHEREOF, City ha 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 MUSKEG~ ~ By: &f<-~ Jo R Johnson, ayor \\\lIIIIIj"'111 "...\\\\ Of MU 1111'1'1' ,,'..i..J.. """"""'" 8+.A'-:. ","'" ...., "":'<-~ ? f v...."'" oRPOfi1 ""\<6% ~ (G~.SF\"~) ~ :: ': ~h.:::JI::.J. '- .. ::: "\ \.........,. - :....../ $[ ""'1' ~ """"""'..1~ " ""1'111 UKE5\~\\,"'" 1111', 1111 \I ,\ \' ':\ .~? ,. L/" STATE OF WISCONSIN) WAUKESHA COUNTY ) SS My commission expires '7 -1Jf'#,- ,,?æJ9 A Of 006 AUG /7 S . Belle Chasse 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 Belle Chasse Subdivision, Muskego, Wisconsin, as entered into on this 15th day of August, 2007 by and between Belle Chasse LLC, the incorporated Belle Chasse Homeowners Association, Inc. and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the 14th day of August, 2007. COMMON COUNCIL ?J("1)(~7 - . . 0 n , a a 7 AUG 17 [; . BELLE CHASSE 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 Belle Chasse 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 Muskego and Belle Chasse Homeowners Association, Inc. regarding the management of storm water in Belle Chasse 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 Belle Chasse Subdivision. The Subdivider shall as-built the finish grade of the ponds and provide the as-built plans to the City and Belle Chasse 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 Belle Chasse 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 Belle Chasse 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. n 0\ 008 ^UG 11 b . Belle Chasse Subdivision Stormwater Management Plan Page 2 SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY 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 Belle Chasse 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: 1. City of Muskego shall annually inspect for sediment build-up. 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 BELLE CHASSE HOMEOWNERS ASSOCIATION, INC. An incorporated association of the owners of all single family lots in Belle Chasse 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 Belle Chasse 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. n 0 I 0 0 9 AUG 17 b . Belle Chasse Subdivision Stormwater Management Plan Page 3 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 all single-family lots in the Belle Chasse Subdivision 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 JEFF MUENKEL. CITY OF MUSKEGO PLANNING DEPARTMENT W182 S8200 RACINE AVENUE MUSKEGO WI 53150-0749 . .