CCR2015056-AttachmentASTER HILLS ESTATES - CITY OF MUSKEGO
ASTER HILLS ESTATES SUBDIVIDER'S AGREEMENT
This Agreement, made this _____ day of ______, 2015 by and between HBT of Aster Hills Estates
LLC, (the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, (the "City").
W I T N E S S E T H
WHEREAS, the Subdivider has submitted for approval by the City the Preliminary Plat for the Aster Hills
Estates Subdivision (the “Subdivision”), a part of the lands as specifically described on the attached
Exhibit A.
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
(with the term “Improvements” defined in Section III and used throughout this Agreement) reasonably
necessary for the Subdivision and further, may require dedication of public streets 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 Engineer and the City's Public Works Committee, have approved, contingent on
certain other approvals, Subdivider's plans and specifications for subdivision Improvements, and
WHEREAS, The City's Plan Commission and Common Council have duly approved the preliminary plat
of the Subdivision and as per Section 18.31(2)e of the Muskego Chapter 18 Land Division ordinance, the
Subdivider 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 Public Works Director and the Public Works
Committee; a Subdivider’s Agreement agreeing to install the required Improvements is approved and
recorded between the Subdivider and City; and, a letter of credit, subdivision bond, 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 as described in Section III herein, for the Subdivision, which consists of 53 lots on the
Preliminary Plat approved per Council Resolution #100-2014 on December 9th, 2014.
SECTION II : PLATTING
1. This Agreement addresses the development of 53 lots 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 PD Planned Development zoning.
a) Single-family parcels shall conform to the zoning requirements of an RS-2 Suburban Residence
District as modified by the PD Planned Development zoning. The PD zoning is allowed per
Common Council approval and the PD can permit flexibility in the underlying zoning
requirements. The Aster Hills Estates PD results in parcels generally being a minimum of 23,000
square feet in area, 110 feet in average lot width, having street yard setbacks of 30 feet, side
yard offsets of 15 feet and rear offsets of 25 feet (corner lots per plat and some highway abutting
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Aster Hills Estates Subdivider’s Agreement
lots different per plat).
b) Outlots shall be reserved for park/conservation purposes, open space management, and
stormwater purposes consistent with PD Planned Development overlay zoning requirements. All
outlots shall be owned and maintained by Owners Association established by Subdivider with the
exception of Outlot 2 which will be dedicated to the City of Muskego upon recordation of the Final
Plat.
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 Aster
Hills Estates Final Plat submitted and approved. The Subdivider shall cause the Final Plat of
Aster Hills Estates 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 until said acceptance is
complete.
b) Concurrent with the execution of this Agreement tender either an Irrevocable Standby Letter of
Credit or Subdivision Bond 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 Subdivision Bond or 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 the commencement of work on any Improvements set forth in Section III of this Agreement
begins, 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
The term “Improvements” as used throughout this Agreement shall mean the roads and streets, the
storm and surface water drainage and master grading, the sanitary sewer, the water main, landscaping,
and erosion control measures per the civil engineering plans completed by R.A. Smith National with a
revision date of May 1, 2015 and as such plans have been approved by the City Engineer under the
conditional approval of the Public Utility Committee of the City. The Improvements are further defined in
this Section III.
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1. Prior to the start of construction of Improvements, the Subdivider shall provide to the City written
certification from the Subdivider’s Engineer or Surveyor that all public street plans are in
conformance with all federal, state, and City specifications, regulations and ordinances.
2. Grade and improve all roads and streets in accordance with the plans and specifications approved by
the Public Works Committee on April 20, 2015, including Improvements necessary to provide such
roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as
approved by the Public Works Director or his designee and Public Works Committee as indicated in
the plans and specifications on file with the Engineering and Building Department.
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3. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of Subdivision Improvements.
4. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
5. Contractors working at the Subdivision or on individual lots are required to clean up all mud, dirt,
stone or debris on the streets no later than the end of each working day. In addition, the Subdivider
shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets
until Final Acceptance has been granted by the City Council as described in Section VII. The City
shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on
the street, to clean up the same or to hold the subject property owner who hired the contractor
responsible. The Subdivider and/or subject property owner shall clean up the streets within twenty-
four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not
cleaned up after notification, the City may do so at the Subdivider’s and/or subject property owner's
expense, at the option of the City.
6. Final Course of Pavement – The final course of pavement, which shall include binder course repairs
and curb and gutter repairs, shall be installed no later than October 15, 2016 and no earlier than
August 1, 2016.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1. Prior to the start of construction of Improvements, the Subdivider shall provide to the City written
certification from the Subdivider's Engineer or Surveyor that all surface and storm water drainage
facilities and erosion control plans are in conformance with all federal, state, and City regulations,
guidelines, specifications, laws and ordinances.
2. Construct, install, furnish and provide facilities as approved by the Public Works Director or his
designee and Public Works Committee on April 20, 2015for 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.
3. Grade and improve all lots, on and off site, in conformance with the Master Grading Plan as
approved by the Public Works Director or his designee and Public Works Committee on April 20,
2015all in accordance with the plans and specifications on file in the City Building and Engineering
Department. Restore with topsoil and seed. Establish dense vegetation.
4. The City retains the right to require Subdivider to install within the development and immediately
adjacent area, additional surface and storm water drainage measures if it is determined by the City
Engineer that the original surface and storm water drainage plan as designed and/or constructed
does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written
procedures and policies.
5. Clean all Storm Sewers prior to acceptance of Improvements and the issuance of building permits by
the City.
6. 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 Public Works Director or his designee
and Public Works Committee on April 20, 2015 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
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are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement if not
otherwise dedicated to the City.
C. SANITARY SEWER:
1. Prior to the start of construction of Improvements, Subdivider shall provide to the City written
certification from the Subdivider's Engineer that the sanitary sewer plans are in conformance with all
Federal, State and City specifications, regulations, ordinances and guidelines.
2. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Subdivision, and including off site Improvements, if applicable,
necessary to provide such system, as approved by the Public Works Director or his designee and the
Public Works Committee on April 20, 2015all in accordance with the plans, specifications and
drawings on file in the City Building and Engineering Department.
3. Complete, to the satisfaction of the Public Works Director 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.
4. To clean all sanitary sewers in the Subdivision prior to acceptance of the Improvements and issuance
of building permits by the City.
5. Televise the sanitary sewer system, repair any defects as determined by the Public Works Director or
his designee, and supply video tape to the City, and clean all sewer lines prior to the issuance of
building permits, and acceptance of Improvements by the City.
D. WATER MAIN:
1. Prior to the start of construction of Improvements, Subdivider shall provide to the City written
certification from the Subdivider's Engineer that the water system plans are in conformance with all
Federal, State and City specifications, regulations, ordinances and guidelines.
2. 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, if applicable,
necessary to provide such system, as approved by the Public Works Director or his designee and
Public Works Committee on April 20, 2015and in accordance with the plans and specifications on file
in the City Building and Engineering Department.
3. Apply for all necessary permits to use water from hydrants for construction permits, as may be
required by the City.
4. Complete to the satisfaction of the 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 approved by the
Community Development Department.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth,
and all rubbish.
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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 are to be approved by the Community Development Director and
City Forester prior to the signing of this Agreement. The planting of the street trees shall occur
simultaneously with the installation of the final course of pavement.
4. The City has the right to trim and remove any landscaping features which would interfere with safe
operation and maintenance of the City right-of-ways and drainageways.
F. EROSION CONTROL MEASURES:
1. Prior to commencing site grading and excavation, the Subdivider shall provide to the City written
certification from the Subdivider’s Engineer or Surveyor that the erosion control plan, once
implemented, shall meet all federal, state, and local regulations, guidelines, specifications, laws and
ordinances, including proof of notification of land disturbances to the State of Wisconsin Department
of Natural Resources, and the Army Corps of Engineers, if applicable, have approved said plans.
2. The Subdivider shall cause all grading, excavation, open cuts, side slopes and other land surface
disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation,
sedimentation and washing are prevented in accordance with the plans and specifications reviewed
and approved by the City Engineer, the State of Wisconsin Department of Natural Resources, and
Army Corps of Engineers, if applicable.
3. 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 Public Works Director or his designee and Public Works Committee on April 20,
2015 and in accordance with the plans and specifications on file in the Building and Engineering
Department.
4. 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 site, in accordance with the Erosion
Control Plan as approved by the Public Works Director or his designee and Public Works Committee
on April 20, 2015and 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.
5. 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: ADDITIONAL IMPROVEMENTS
The Subdivider hereby agrees that if, at any time after plan approval and during construction of the
Improvements, the City Engineer determines that modifications to the plans including additional
Improvements such as additional drainage ways, erosion control measures, and surface and storm water
management measures are necessary in the interest of public safety, are necessary in order to comply
with current laws or are necessary for implementation of the original intent of the Improvement plans, the
City is authorized to order Subdivider, at Subdivider’s expense, to implement the same. If Subdivider
fails to construct the additional Improvement within a reasonable time under the circumstances, the City
may cause such work to be carried out and shall charge against the financial guarantee held by the City
pursuant to this Agreement. The requirement by the City of such additional Improvements as set forth
herein must not negatively impact the Subdivision or cause or result in the loss of a lot within the
Subdivision that was intended for the construction of a single family home.
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SECTION V : TIME OF COMPLETION OF IMPROVEMENTS
The Improvements set forth in Section III, except for final surface course of pavement as described
previously, 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.
If the City receives notice of the intention to terminate either the Letter of Credit or Subdivision Bond,
whichever is applicable, prior to completion of the final surface course pavement or such Final Course
Guarantee, defined below, following the installation of the final surface course of 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 or file claim against the Subdivision Bond.
SECTION VI : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for Improvements to
be dedicated to the City. The City has requested a lump sum cost from the City’s consulting firm of
which such lump sum is $8,200 to complete the as-built plans and the Subdivider has been provided the
proposal by the City’s consulting firm and both Subdivider and City have approved said costs so long as
the Subdivider provides AutoCAD files of all utilities from their Engineer as a condition of the lump sum
costs of producing the as-builts. Subdivider agrees to reimburse City for all costs incurred in the
preparation and distribution of as-built data, including collection of data, revisions to construction
documents and upload of data to City’s Geographic Information System, and City may utilize
Subdivider’s Developers Deposit account for all charges related hereto.
Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section
18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in
said conversions and City may utilize Subdivider’s Developers Deposit account for all charges related
hereto.
SECTION VII : FINAL ACCEPTANCE
Throughout this Agreement, various stages of the development will require approval by the City. “Final
Acceptance” as used herein, however, shall be the ultimate acceptance of all of the improvements in the
completed development as whole, with the exception of the final lift of asphalt on the public streets, and
shall be granted specifically by resolution of the City Council. Final Acceptance shall be granted when
substantial completion occurs, as determined by the City Council pursuant to the definition of substantial
completion shown in Wisconsin Statutes Section 236.13(2)(a)2. Granting Final Acceptance does not
relieve the Subdivider of any obligations of this Agreement for uncompleted improvements, and does not
constitute a waiver, in particular, of the Subdivider’s obligation to complete the surface course of the
public streets or any other improvements or obligations that may be outstanding at the time that Final
Acceptance is granted.
SECTION VIII : 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 Aster Hills 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), together with and including, without limitation because of enumeration,
any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery, equipment,
appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements
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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 Public Works Directors 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 Public Works Director 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 Community Development 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 Public Works Director or his designee by a Registered Land Surveyor
that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan.
SECTION IX: 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,
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 pay or
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 X: MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Public
Works Director 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.
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2. Manner of Performance: Cause all construction called for by this Agreement to be carried out
and performed in a good and workmanlike manner.
3. Survey Monuments: Properly place and install any lot, block or other monuments required by
State Statute, City Ordinance or the City Engineer.
4. Deed Restrictions: Execute and record deed restrictions in a form that is subject to the approval
of the City Council, City Planner and City Attorney, and provide proof of recording prior to sale of
lots for the Subdivision. The deed restrictions shall also contain the following language:
"Each lot owner must strictly adhere to and finish grade its lot in accordance with the Master Lot
Grading Plan or any amendment thereto approved by the City Engineer on file in the office of the City
Clerk. The Subdivider and/or the City and/or their agents, employees or independent contractors
shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance,
correction of any drainage condition, and the property owner is responsible for cost of the same."
5. Grades: Prior to the issuance of a building permit for a specific lot, the Subdivider and/or lot
owner and/or their agent shall furnish to the Building Inspector of the City a copy of the stake out
survey showing the street grade in front of the lot, the finished yard grade, the grade of all four
corners of the lot, and the lot corner grades of the buildings on adjoining lots where applicable, as
existing and as proposed.
6. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground.
Coordination of installation and all costs shall be the responsibility of the Subdivider.
7. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all
governmental agency permits.
8. Removal of Topsoil: The Subdivider agrees that no topsoil shall be removed from the Subdivision
without approval from the City Engineer of which said approval shall not be unreasonably
withheld.
9. Park and Public Site Dedication Fees: Said fees are waived in in lieu of dedication of Outlot 2.
10. North Cape Recreation Trail: Subdivider shall design and install recreation trail portion along
frontage of properties not owned by Subdivider along North Cape Road and this shall be made
part of the construction plans.
11. Noise: Make every effort to minimize noise, dust and similar disturbances, recognizing that the
Subdivision are located near existing residences. Construction of Improvements shall not begin
before 7:00 a.m. during weekdays and Saturdays, and 9:00 a.m. on Sundays. Construction of
Improvements shall not continue beyond 7:00 p.m. during weekdays and Saturdays, and 5:00
p.m. on Sundays.
12. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under
construction within the Subdivision until such time as all Improvements have been installed and
Final Acceptance has been granted by the City Council as described in Section VII. The City
shall make a reasonable effort to require the contractor responsible for the debris to clean up the
debris or to hold the subject property owner who hired the contractor responsible. The
Subdivider and/or subject property owner shall clean up the debris within forty-eight (48) hours
after receiving a notice from the City Engineer. If said debris is not cleaned up after notification,
the City will do so at the Subdivider’s and/or subject property owner's expense.
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13. Public Construction Projects: If any aspect of the development involves a public construction
project subject to the State law, all requirements of the State Public Construction Bidding Law
must be satisfied, including but not limited to, providing a performance bond.
14. Prevailing Wage Rates and Hours of Labor: If any aspect of the development involves a project
of public works that is regulated by Wisconsin Statutes Section 66.0903, then: (1) The
Subdivider shall pay wage rates not less than the prevailing hourly wage rate as described and
regulated pursuant to such statutes and related laws; and (2) The Subdivider shall comply with
the prevailing hours of labor as described and regulated pursuant to such statutes and related
laws; and (3) The Subdivider shall fully comply with the reporting obligations, and all other
requirements of such laws; and (4) The Subdivider shall ensure that the Subdivider’s
subcontractors also fully comply with such laws. The Subdivider’s General Indemnity obligation
of this Agreement shall apply to any claim that alleges that work contemplated by this Agreement
is being done, or has been done, in violation of prevailing wage rates, prevailing hours of labor, or
Wisconsin Statutes Section 66.0903 for any work arising out of this agreement.
SECTION XI: 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 XII: GUARANTEES
1. 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 14
months from the date of Final 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 situations. The amount of the guarantee shall be equal to the total cost to
complete any uncompleted public improvements at the time that Final Acceptance is granted plus 10
percent of the total cost of the completed public improvements. If the Subdivider fails to pay for any
damages or defects to City property and/or improvements, and the City is required to draw against
the final guarantee, the Subdivider is required to replenish the financial guarantee up to an amount
that equals the total cost to complete any uncompleted public improvements plus 10 percent of the
total costs of the completed public improvements.
2. Obligation to Repair. The Subdivider shall make or cause to be made, at its own expense, any and
all repairs which may become necessary under and by virtue of the Subdivider’s Guarantee and shall
leave the Improvements in good and sound condition, satisfactory to the City Council at the
expiration of the Guarantee Period.
3. Notice of Repair. If during said Guarantee Period the Improvements, in the reasonable opinion of the
City Engineer, require any repair or replacement necessitated by reason of structure of backfill, or
other defective materials or workership, the Subdivider shall, upon notification by the City of the
necessity for such repair or replacement, make such repair or replacement at its own cost and
expense. Should the Subdivider fail to make such repair or replacement within the time specified by
the City in the aforementioned notification, after notice has been sent as provided herein the City
Council may cause such work to be done, (while having no obligation to do so), either by contract or
otherwise, and the City Council may draw upon such Guarantee security to pay any costs or
expenses incurred in connection with such repairs or replacements. Should the costs or expenses
incurred by the City Council in repairing or replacing any portion of the Improvements covered by this
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Guarantee exceed the amount of the Guarantee security, then the Subdivider shall immediately pay
any excess cost or expense incurred in the repair/replacement process.
4. Maintenance During Guarantee Period.
a) All Improvements shall be maintained by the Subdivider so they conform to the approved plans
and specifications during the Guarantee Period. This maintenance shall include routine
maintenance, such as crack filling and roadway patching. In cases where emergency
maintenance is required, the City Council retains the right to complete the required emergency
maintenance in a timely fashion and bill the Subdivider for all the associated costs. Said bill shall
be paid immediately by the Subdivider. The Subdivider’s obligation to maintain all Improvements
shall expire at the expiration of the Guarantee period.
b) Street sweeping and dust suppression shall be done by the Subdivider upon a regular basis as
needed to ensure a reasonably clean and safe roadway until end of the Guarantee Period.
Should the Subdivider fail to meet this requirement, the City Council may cause the work to be
done and thereafter bill the Subdivider on a time and material basis, with the invoice to be paid
immediately by the Subdivider. If the cause of the dust or the necessity of street sweeping is not
the Subdivider, but a lot owner, the City shall reasonably pursue cost recovery from the person
causing the dustresulting in the necessity of street sweeping.
c) In the event drainage problems arise within the Subdivision, the Subdivider shall correct such
problems to the satisfaction of the City Engineer. Such correction measures shall include,
without limitation because of enumeration, cleaning of soil, loose aggregate and construction
debris from culverts, drainage ditches and streets; dredging and reshaping of siltation or retention
ponds; replacing of siltation fences; sodding and or seeding; construction of diversion ditches,
ponds and siltation traps; and restoration of all disturbed areas. This responsibility shall continue
until such time as the roads, ditches, and other disturbed areas have become adequately
vegetated under best management practices and the City Council is satisfied that the Subdivider
has restored all areas which were disturbed because of the development of the Subdivision.
SECTION XIII : GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents
incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept
tender of defense and to defend and pay any and all reasonable legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed upon the City
its officers, agents, and employees, and independent contractors growing out of this Agreement as
stated above by any party or parties except those claims asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agreement. The Subdivider shall also name as
additional insured on its general liability insurance the City, its officers, agents, and employees, and any
independent contractors hired by the City to perform service as to this Subdivision and give the City
evidence of the same upon request by the City.
a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents,
independent contractors, and employees from and against all claims, damages, losses, and
expenses, including attorney’s fees, arising out of or resulting from the performance of the Work,
provided 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
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Aster Hills Estates Subdivider’s Agreement
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 Liability of Public Officials. In carrying out any of the provisions of this Agreement or in
exercising any power or authority granted to them thereby, there shall be no personal liability of
the City officers, agents, independent contractors, or employees, it being expressly understood
and agreed that in such matters they act as agents and representatives of the City.
c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and
hold City and its officers, agents, independent contractors, and employees harmless from any
claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for
attorneys, consultants, and experts) that arise as a result of the presence or suspected presence
in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in
connection with the Plat and this Agreement (including but not limited to street right-of-way) of
any toxic or hazardous substances arising from any activity occurring prior to the acceptance of
all Improvements. Without limiting the generality of the foregoing, the indemnification by the
Subdivider shall include costs incurred in connection with any site investigation or any remedial,
removal, or restoration work required by any local, State, or Federal agencies because of the
presence or suspected presence of toxic or hazardous substances on or under the real property,
whether 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 commercial general liability insurance on an
occurrence basis with limits of ten million dollars ($10,000,000) general aggregate; ten million
dollars ($10,000,000) products completed operations aggregate; and ten million dollars
($10,000,000) each occurrence for bodily injury and 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 the
same without at least thirty (30) days written notice to the Subdivider. Upon said notice of
cancellation to Subdivider, immediate written notice shall be provided to City by Subdivider. 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 XIV : CITY RESPONSIBILITY FOR IMPROVEMENTS:
The City shall not be responsible to perform repair or maintenance on any Improvements until the final
surface course of pavement has been completed and accepted by the City.
SECTION XV : RISK OF PROCEEDING WITH IMPROVEMENTS
PRIOR TO APPROVALS OF FINAL PLAT:
If a Subdivider proceeds with the installation of Improvements or other work on the site prior to approval
of the final plat, it proceeds at its own risk as to whether or not the final plat will receive all necessary
approvals. The Subdivider, prior to commencement of the installation of Improvements or other work on
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Aster Hills Estates Subdivider’s Agreement
site, shall notify the City of the Subdivider’s intention to proceed with the installation of Improvements or
other work on site, prior to approval of the final plat. Additionally, Subdivider shall make arrangements to
have any Improvements and/or other work on site inspected by the City Engineer.
SECTION XVI : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider agrees 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 XVII : 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 XVIII : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits shall be issued for any homes until the
Public Works Director or his designee has determined that:
1. Either a Subdivision Bond or a letter of credit remains on file for the remaining Improvements.
2. The Final Plat is recorded and the appropriate copies and mylar of the recorded plat are delivered
to the Community Development Department.
3. The Resolution of the Final Acceptance of Improvements is approved by the City.
4. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the
Community Development Director.
5. The Subdivider has prepared appropriate deed restrictions which are approved by the City, filed
with the City Clerk and recorded with the Waukesha County Register of Deeds.
6. The Subdivider is not in default of any aspect of this Agreement.
7. There is no default of any aspect of this Agreement.
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Community Development Director has determined that:
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Aster Hills Estates Subdivider’s Agreement
1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
SECTION XVIII : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS:
The City reserves the right to withhold issuance of any and all building permits if Subdivider is in violation
of this Agreement, but no permits shall be unreasonably withheld.
SECTION XIX : FINANCIAL GUARANTEES:
1. FINANCIAL GUARANTEE: Concurrent with the execution of this Agreement by the City, the
Subdivider shall file with the City either a Subdivision Bond or a Letter of Credit, in the City Attorney
approved form, setting forth terms and conditions in the amount of $4,725,804.71 as a guarantee that
the required plans 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 and as a further guarantee that all obligations to the subcontractors for work on the
Subdivision are satisfied. If at any time:
a) The Subdivider is in default of any aspect of this Agreement, or
b) The Subdivider does not complete the installation of the Improvements within one (1) year
from the signing of this Agreement unless otherwise extended by this Agreement or by action
of the City Council, or
c) The letter of credit or bond on file with the City is dated to expire sixty (60) days prior to the
expiration of the same if the same has not been extended, renewed or replaced, per the
terms of this Agreement or
d) The Subdivider fails to maintain a cash deposit, bond or letter of credit in an amount approved
by City Engineer, and in a form approved by the City Attorney, to pay the costs of
Improvements in the Subdivision per the terms of this Agreement,
the Subdivider shall be deemed in violation of this Agreement and the City Council shall have the
authority to draw upon the financial guarantee.
e) Invoices: Invoices documenting public Improvements addressed and not addressed in the
Letter of Credit or the Subdivision Bond, but attributable to the subject development shall be
provided to the City.
f) Reduction Of Either Subdivision Bond or Letter Of Credit Balance: The Subdivider shall
provide Public Works Director 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 Public Works Director 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 either the Subdivision Bond or 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
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Aster Hills Estates Subdivider’s Agreement
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 XX : 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. Any mortgagees of the Property must consent to the terms of this
Agreement, and must subordinate their interest to the interests of the City, if applicable. 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 XXI : EXCULPATION OF VILLAGE CORPORATE AUTHORITIES:
The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this
Agreement solely in their official capacity and not individually, and shall have no personal liability or
responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or
waived.
SECTION XXII : PRELIMINARY PLAT AND FINAL PLAT CONDITIONS:
At a time prior to the Subdivider’s installation of the binder course of asphalt, the Subdivider shall submit
the final plat of Aster Hills Estates for the City’s final approval of said plat. The City shall review and
approve said plat within 60 days of the substantial completion if the Improvements which is defined as
the time at which the binder course of asphalt has been installed.
The Subdivider acknowledges that the Subdivision is subject to a conditional preliminary plat approval
and a conditional final plat approval by the City. The Subdivider further agrees that it is bound by these
conditions. A copy of the conditional preliminary plat approval for the subject property is attached hereto
and incorporated herein as EXHIBIT B (City Resolution #100-2014), and the conditional final plat
approval for the subject property is incorporated herein as EXHIBIT C. If there is a conflict between the
conditions as forth in said conditional approvals and the Subdivider’s Agreement, the more restrictive
shall apply.
SECTION XXIII : 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 XXIV : NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally, sent by prepaid United States Postal Service certified mail with
return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail with
return receipt requested, to all parties as follows:
To City:
Community Development Department
City of Muskego
POB 749
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Aster Hills Estates Subdivider’s Agreement
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Phone Number: (262) 679-4136
Facsimile: (262) 679-5614
Email: jmuenkel@cityofmuskego.org
To Subdivider:
HBT of Aster Hills Estates LLC
C/O Towne Realty, Inc., manager
710 North Plankinton Avenue
Milwaukee, WI 53203
Attn: James W. Doering
Phone Number (414) 274-2488
Facsimile: (414) 274-2711
Email Address: Jim.Doering@Zilber.com
And
Sandra J. DeLisle, Esq.
Zilber Ltd.
710 North Plankinton Avenue
Milwaukee, WI 53203
Phone Number: (414) 274-2438
Facsimile: (414) 274-2710
Email: Sandi.DeLisle@Zilber.com
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.
SECTION XXV : RECORDING
This Agreement shall be recorded against the Subdivision property and shall run with the land.
SECTION XXVI : STORM WATER AGREEMENT
Prior to or contemporaneously with the recording of the Final Plat, the Subdivider shall enter into a Storm
Water Agreement in a form approved by the City Attorney and the City Engineer to ensure the proper
maintenance of all storm water facilities within the Subdivision, and such Storm Water Agreement shall
be recorded against the Subdivision property.
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Aster Hills Estates Subdivider’s Agreement
SECTION XXVII : PARTIES TO THE AGREEMENT
This Agreement is binding upon the Subdivider, the owners of the Subdivision, their successors and
assigns, and any and all future owners of the Subdivision (the “Successors”). This section allows for City
enforcement of the terms and conditions of this Agreement against all such Successors, as the
Subdivider. This does not, however, grant rights to such Successors absent City written consent, as
described in Section XVII.
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.
SUBDIVIDER:
A. HBT of Aster Hills Estates LLC
By: Towne Realty, Inc., manager
By: _______________________________
William A. Wigchers, Vice President
STATE OF WISCONSIN )
SS
MILWAUKEE COUNTY )
PERSONALLY came before me this _____ day of ______, 20__, ___________, 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
SUBDIVISION PROPERTY OWNER:
HBT of Aster Hills Estates LLC
By: Towne Realty, Inc., manager
By:__________________________________
William A. Wigchers, Vice President
STATE OF WISCONSIN )
SS
_______________ COUNTY )
PERSONALLY came before me this _____ day of ______, 20__, ___________, Subdivision Property
Owner, to me known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public-State of Wisconsin
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Aster Hills Estates Subdivider’s 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:
Kathy Chiaverotti, Mayor
BY:
Sharon Mueller, City Clerk-Treasurer
STATE OF WISCONSIN )
SS
WAUKESHA COUNTY )
PERSONALLY came before me this _____ day of ______, 20__, the above named Kathy Chiaverotti,
Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons
executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said
municipal corporation, and acknowledged that they executed the foregoing instrument as such officers
as the deed of said municipal corporation by its authority and pursuant to the authorization by the
Common Council from their meeting on the _____ day of ______, 20__.
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 Aster Hills
Estates Subdivision, Muskego, Wisconsin, as entered into on the _____ day of ______, 20__, by and
between _____________ and the City Of Muskego, pursuant to the authorization by the Common
Council from their meeting on the _____ day of ______, 20__.
BY THE COMMON COUNCIL
________________________
Sharon Mueller, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This _____ day of ______, 20__.
My commission expires
This instrument drafted by Jeff Muenkel, AICP
City of Muskego PO Box 0749 Muskego, WI 53150-0749
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Aster Hills Estates Subdivider’s Agreement
Exhibit A
Legal Description
Parcel One (1) of CERTIFIED SURVEY MAP NO. 6039 being a part of the Southeast One-quarter (1/4) and Southwest One-
quarter (1/4) of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20)
East, in the City of Muskego, Waukesha County, Wisconsin, recorded in the Register of Deeds for Waukesha County on
November 30, 1989 in Volume 49 of Certified Survey Maps on Pages 261 to 263 inclusive, as Document No. 1567191.
AND
All that part of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20)
East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of said ¼ Section; thence South 01°25’14” East, along the West line of said ¼ Section,
403.38 feet to the Southwest corner of Parcel I of Certified Survey Map No. 3641, a recorded map in Waukesha County, and
the point of beginning of the lands to be described; thence North 87°32’00” East, along the South line of said Certified Survey
Map No. 3641, 175.00 feet to the Southeast corner of said Certified Survey Map; thence North 01°25’14” West, along the East
line of said Certified Survey Map, 373.37 feet to a point 30 feet South of as measured normal to the North line of said ¼
Section, said point being the Northeast corner of said Certified Survey Map; thence North 87°32’00” East, parallel to the North
line of said ¼ Section 1028.47 feet to a point on the Southerly right-of-way line of the old location of Durham Drive; thence
South 39°58’00” East, along said line, 714.10 feet to a point on the Westerly line of North Cape Road; said point being 50 feet
West of the Center line of said road; thence South 09°33’08” West along said line, 475.38 feet to a point on the North line of
Certified Survey Map No. 866; thence North 82°18’14” West, along the North line of said Certified Survey Map, 290.49 feet
to the Northwest corner of said Certified Survey Map; thence South 07°41’46” West, along the West
line of Certified Survey Map No. 866 and Certified Survey Map No. 196, 370.04 feet to a point; thence South 82°18’14” East,
along the South line of Certified Survey Map No. 196 and the North line of Certified Survey Map No. 6039, 278.50 feet to a
point on the Westerly line of North Cape Road, said point being 50 feet West as measured normal to the centerline of said
road; thence South 09°33’08” West, along said line, 307.78 feet to a point of curve; thence Southwesterly 249.31 feet, along
the arc of a curve, center lying to the East, whose radius is 1687.02 feet, with a chord which bears South 05°19’07” West, a
chord distance of 249.08 feet, to a point; thence South 87°31’12” West, 1399.73 feet to a point on the West line of said ¼
Section; thence North 01°25’14” West, along said line, 1568.70 feet to the point of beginning.
Together with that portion of vacated Durham Drive (OLD) abutting said premises on the Northeast.
Excepting therefrom those lands described in a Quit Claim Deed recorded on March 22, 2007 as Document No. 3466858.
Also excepting therefrom those lands described as Certified Survey Map No. 6039 recorded on November 30, 1989 in Volume
49 of Certified Survey Maps on Pages 261 to 263, as Document No. 1567191.
AND
All that part of the Northeast One-quarter (1/4) and Northwest One-quarter (1/4) of the Northeast One-quarter (1/4) of Section
Twenty-four (24), in Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of said ¼ Section; thence North 87°32’00” East, along the North line of said ¼ Section,
1179.90 feet to a point; thence South 39°58’00” East, 475.66 feet to a point; thence North 09°33’08” East, 32.54 feet to the
point of beginning of the lands to be described; thence continuing North 09°33’08” East, 32.54 feet to a point; thence North
39°58’00” West, 178.07 feet to a point on the Southerly line of relocated Durham Road; thence Northwesterly 76.58 feet along
the arc of a curve, center lying to the North, with a radius of 1004.93 feet, and with a chord which bears North 58°49’37”
West, a chord distance of 76.57 feet, to a point; thence South 39°58’00” East, 271.65 feet to the point of beginning.
AND
Part of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20) East, in
the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
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Aster Hills Estates Subdivider’s Agreement
Exhibit A Continued
Commencing at the Northwest corner of said ¼ Section; thence South 01°25’14” East along the West line of said ¼ Section
1972.08 feet to the point of beginning of the lands to be described; thence North 87°31’12” East along the South line of lands
described in Document No. 228641 a distance of 1399.71 feet to the West line of North Cape Road; thence Southerly 20.50
feet along said West line and the arc of a curve whose center lies to the East, whose radius is 1687.02 feet and whose chord
bears South 00°46’15” West 20.50 feet to the North line of Boxhorn Reserve; thence South 87°32’08” West along said North
line 1398.92 feet to the West line of said Northeast ¼ Section; thence North 01°25’14” West along said West line 20.09 feet to
the point of beginning.
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Aster Hills Estates Subdivider’s Agreement
Exhibit B
Conditional Approval of Preliminary Plat (City Resolution #100-2014)
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #100-2014
APPROVAL OF PRELIMINARY PLAT
FOR THE ASTER HILL ESTATES SUBDIVISION
WHEREAS, A preliminary plat was submitted by Towne Realty for the Aster Hill Estates Subdivision (formerly
Wildflower Farms) located in the NE ¼ of Section 24 (Tax Key Nos. 2253.998.003 and 2253.998); and
WHEREAS, Said plat proposes the development of 53 single-family residential parcels and a number of outlots for
park/conservation dedication, wetland preservation and stormwater management; and
WHEREAS, The Plan Commission has recommended approval of the preliminary plat subject to the conditions of
adopted Resolution #P.C. 063-2014; and
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 preliminary plat and three-lot certified survey
map for the Belle Chasse Subdivision in the SE 1/4 of Section 11 subject to each of the following conditions being
met:
1. Developer completing all subdivision improvements prior to approval of the final plat.
2. All of the subdivision improvements shall be made only after approval of the landscape plans by the City
Forester and only after the approval of the construction plans by the City Engineer, the Public Works
Committee and a Developer’s Agreement between the City and Subdivider agreeing to install the required
improvements is entered, approved by the City and recorded and a letter of credit, cash or certified check
meeting the approval of the City Attorney in an amount equal to 120% the estimated cost of the
improvements is given.
3. Pursuant to §18.31(2)(d) of the Muskego Chapter 18 Land Division ordinance, the final plat must be
submitted and approved within thirty-six months of the preliminary plat approval. The final plat will not be
approved until after the acceptance of improvements to insure that no lots are sold until all improvements
are accepted by the City.
4. Approval is subject to receipt of the submittal fees and favorable reports from all approving and objecting agencies.
5. That a digital file of the preliminary plat shall be submitted to the City in accordance with Common Council
Ordinance #1118 and Resolution #196-2002.
DATED THIS 9TH DAY OF DECEMBER , 2014.
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Aster Hills Estates Subdivider’s Agreement
Exhibit C
Conditional Approval of Final Plat
(will not exist until binder course of pavement is installed and final plat is submitted and approved by the City)