Phase 2A Lots and Parcel Identification Numbers: All located in Plat of Pleasant Hill Estates

Transcription

1 PLAT OF PLEASANT HILL ESTATES, VILLAGE OF WINDSOR, DANE COUNTY, WISCONSIN: AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT AND AMENDMENT NO. 1 TO UTILITY AGREEMENT RE: PLEASANT HILL ESTATES PHASE 2A Phase 2A Lots and Parcel Identification Numbers: All located in Plat of Pleasant Hill Estates Lot Number Parcel Identification No / / / / / / / / / / / / / / / / / THIS SPACE RESERVED FOR RECORDING DATA RETURN TO: Amy Anderson Schweppe Village of Windsor 4084 Mueller Road DeForest, WI DRAFTED BY: Constance L. Anderson, Village Attorney Anderson Consults, LLC Madison, WI Connie@AndersonConsultsWI.com PARCEL IDENTIFICATION NUMBERS: See this page V4 1

2 This Amendment No. 3 to Development Agreement and Amendment No. 1 to Utility Agreement Re: Pleasant Hill Estates Phase 2A (collectively, Phase 2A Amendment ) is entered into by and between the Village of Windsor, a municipal corporation located in Dane County, Wisconsin and the successor in interest to the Town of Windsor ( Village ) and Pleasant Hill Estates, LLC, a Wisconsin limited liability company, and the developer of the Plat of Pleasant Hill Estates and Lots 325, , and of the Plat of Wolf Hollow At Pleasant Creek, A Replat ( Developer ), to be effective when executed by both parties. RECITALS WHEREAS, on or about May 5, 2006, the Town of Windsor and Developer entered into a Development Agreement (the Original Agreement ), which was amended on or about March 3, 2016 by the Village and Developer ( Amendment No. 1 ), and again on or about April 7, 2016 by the Village and Developer ( Amendment No. 2 ) (collectively, Prior Agreement ); and WHEREAS, on or about April 7, 2016, the Developer and Village entered into an agreement entitled Utility Agreement Re: Pleasant Hill Estates Phase 1 Sewer and Water Extension (the Utility Agreement ), which related to the construction and installation of sewer and water utility infrastructure, as described therein; and WHEREAS, the Village and Developer wish to set forth certain common understandings with respect to the anticipated construction and installation of general public infrastructure and sewer and water utility infrastructure in connection with the development of Lots and 49-56, Pleasant Hill Estates, Village of Windsor, Dane County, Wisconsin ( Phase 2A"), and are entering into this Phase 2A Amendment to the Prior Agreement and the Utility Agreement, for said purposes; and WHEREAS, the Prior Agreement, the Utility Agreement and this Phase 2A Amendment, shall be hereafter collectively referred to as the Development Agreement. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which are incorporated by reference, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Village and Developer agree as follows: 1. PHASING: AMEND PARAGRAPH 2 AND EXHIBIT C OF ORIGINAL AGREEMENT; DESCRIBE PHASE 2A. The following sentence shall be added to Paragraph 2 of the Original Agreement, and the corresponding provisions of the Utility Agreement: The full development covered by the Development Agreement includes all lots in the Plat of Pleasant Hill Estates and Lots 325, , and of the Plat of Wolf Hollow At Pleasant Creek, A Replat ( Development ). Phase 2A of the Development shall be Lots and 49-56, Pleasant Hill Estates, Village of Windsor, Dane County, Wisconsin ( Phase 2A Lots ), as graphically set forth on Exhibit C, which V4 2

3 is attached hereto and incorporated by reference. Exhibit C from the Prior Agreement, and the corresponding description in the Utility Agreement, is hereby amended and replaced with the attached Exhibit C. 2. SURETY: NEW EXHIBIT H-1 AND CHANGE TO PARAGRAPH 9 OF PRIOR AGREEMENT. The following sentence shall be added to Paragraph 9 of the Original Agreement and the corresponding provision of the Utility Agreement: The amount of the letter of credit for Phase 2A under the Prior Agreement and the Utility Agreement combined shall be equal to 120% of the costs of the required public improvements in Phase 2A. The total amount of surety for both the general public improvements described in the Prior Agreement and the water and sewer infrastructure described in the Utility Agreement is $1,258, Of that total amount, $37, % = $45, is allocated to erosion and sediment control and $ 110, % = $132, is allocated to storm sewer and sediment control. (Together, these erosion and sediment control + storm sewer and sediment control costs total $177, and comprise the costs to be guaranteed per the Dane County Storm Water and Erosion Control Permit.) A detailed breakdown is attached as Exhibit H-1, and incorporated by reference. 3. CHANGE TO PARAGRAPH 20 OF ORIGINAL AGREEMENT AND RELEASE OF RESTRICTIONS ON SALE OR OTHER TRANSFER OF PHASE 2A LOTS. The Village agrees to release and does hereby release the lots in Phase 2A from the Deed Restriction Prohibiting Sale or Transfer of Any and All Lots in the Plat Except for Lots 6, 7, 8, 9, 47, 48, 57 and 58, and recorded on August 19, 2015, in the office of the Dane County Register of Deeds, as Document No ( Transfer Restriction ), effective upon the execution of this Amendment No NEW EXHIBIT J-1: SUMMARY OF FEES FOR PHASE 2A. The Village and Developer agree to the summary of fees for Phase 2A, which are attached hereto as Exhibit J-1 and incorporated by reference. 5. NEW PROVISIONS RELATED TO PHASE 2A. The following additional provisions shall be added at the end of the Original Agreement: a. ADJUSTMENT TO EASEMENTS FOR LOTS 14, 15, 16 AND 17. The parties agree that because of the grade on Lots 14-17, which are zoned for 4-unit residential buildings, the 12 -wide bike trail easement and utility easements now located along the southerly edge of such lots will need to be adjusted. Developer agrees that it will promptly prepare and submit to the Village, for approval by the Village Engineer, Director of Planning & Development and Village Attorney, at Developer s expense, legal descriptions and maps of such easement changes, along with easement instruments releasing the prior easement locations and establishing the new easements, within thirty (30) days after the date of execution of this Amendment No. 3. In addition to the foregoing submission, Developer shall also submit, at Developer s expense, to the Village within such thirty (30) day period for approval, plans for retaining walls required along the adjusted easement locations to reflect the grades along such easements. All of the V4 3

4 aforementioned easements and plans for retaining walls shall be subject to approval of the Village Engineer, Director of Planning & Development and Village Attorney, and the utilities, bike paths and retaining walls shall thereafter be constructed by Developer, at its expense, prior to the completion of Phase 2A in accordance with the approved plans and specifications for such items, all in a workmanlike manner and in accordance with the approved plans. The surety for such items will not be released until such work is completed to the satisfaction of the Village, and Village Board approval has been obtained. No building permits for Phase 2A Lots shall be issued until such work is completed to the satisfaction of the Village Engineer, Utility Engineer, Director of Planning & Development and Village Attorney. b. ADJUSTMENT TO 16-INCH DIAMETER WATER MAIN. The parties agree that as part of the work in Phase 2A, Developer, in conjunction with the developer of the Prairie Creek plat in the Village, will be required to lower a segment of the 16-inch diameter water main that connects to the Walgreen s distribution center, which water main is located in an easement along the boundary line of the Plat of Pleasant Hill Estates with the Plat of Prairie Creek. Developer shall submit, at its expense, plans and specifications for such water main relocation to the Village Engineer, Utility Engineer, Director of Planning & Development and Village Attorney, for approval within thirty (30) days after the execution of this Amendment No. 3. Developer agrees that it will promptly prepare and submit to the Village, for Village approval, at Developer s expense, any legal descriptions and maps of such easement changes, if any, along with any easement instruments, if any, releasing the prior easement locations and establishing the new easements, within thirty (30) days after the date of execution of this Amendment No. 3, if necessary to carry out such plans for lowering the water main. All of the aforementioned easements and plans shall be subject to approval of the Village Engineer, Utility Engineer, Director of Planning & Development and Village Attorney, and the utilities shall be constructed by Developer, at its expense, prior to the completion of Phase 2A in accordance with the approved plans and specifications for such items in a workmanlike manner, and the surety for such items will not be released until such work is completed to the satisfaction of the Village. No building permits for Phase 2A Lots shall be issued until such work is completed to the satisfaction of the Village Engineer, Utility Engineer, Director of Planning & Development and Village Attorney. c. INTERCONNECTION. The Village approves the manual emergency interconnection at Station The Developer shall obtain approval of same from the Village of DeForest, as appropriate. d. UTILITY ENGINEER COMMENTS. The Developer shall comply with the Plan Review Comments contained in the Utility Engineer s Memo dated July 26, 2017, which is incorporated herein by reference. V4 4

5 e. PAYMENT OF MMSD CONNECTION FEES FOR LOT 78 ACKNOWLEDGED. The Village acknowledges that, as set forth in its Utility Plans, the Developer has designed in Phase 2A the sanitary sewer needed to serve Lot 78 of the Plat. Developer has elected to pay Madison Metropolitan Sewerage District connection fees (both CFCC and TPCC) for Lot 78, which fees shall thereafter be deemed paid. The Village s acceptance of said fees from the Developer, and payment of same to MMSD, does not constitute approval of the connection or further development of Lot 78. Village approval shall be required before development of Lot 78 proceeds. The requirements for development of Lot 78 shall be determined and set forth in a subsequent development agreement by and between the Village and Developer. 6. RATIFICATION. Except as expressly modified by this Amendment No. 3, the Development Agreement, including the Prior Agreement and the Utility Agreement, are hereby ratified and reaffirmed by the Village and the Developer and remain in effect as provided by law. IN WITNESS WHEREOF, this Agreement is executed by the Village and Developer effective as of August 3, *DEVELOPER* PLEASANT HILL ESTATES, LLC By: Kevin Acker STATE OF WISCONSIN ) Authorized Representative ) SS COUNTY OF DANE ) On this day of August, 2017, before me, a notary public in and for Dane County, Wisconsin, Kevin Acker, as the authorized representative of Pleasant Hill Estates, LLC, personally appeared to me known to be the person named herein and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act(s) and deed(s). Name: Notary Public, State of Wisconsin My commission expires V4 5

6 *VILLAGE* VILLAGE OF WINDSOR By: Robert E. Wipperfurth, Village President Attested By: Christine Capstran, Village Clerk STATE OF WISCONSIN ) ) SS COUNTY OF DANE ) On this day of August, 2017, before me, a notary public in and for Dane County, Wisconsin, Robert E. Wipperfurth and Christine Capstran personally appeared to me known to be the person(s) named herein and who executed the foregoing instrument and acknowledged execution of the same as his/her voluntary act(s) and deed(s). Print Name: Notary Public in and for Dane County, Wisconsin My commission is permanent/expires V4 6

7 Pleasant V aaeoooooo. GOOOBU6Q OQOCDGOOI Hollow VistaValley EXHIBIT C-1 TO AMENDMENT NO. 3 OF DEVELOPMENT AGREEMENT Pleasant Hill Estates Village of Windxor Phase 1 Phase 2b r Road Drive Court Prairie Wolf Norski u {a'oeadoovaoaoauoooa Stack Drive <0 nigzgetayng- pla, Phasc 2(1 N A, Phaa:3 $ 2 $ 0 0 BO "30 l l KEY Single Family Lot Duplex Lot IEID Fouriplex Lot Multi~Famfly ooooo Bike Path Pr cm L engildcrs

8 EXHIBIT H-1 TO DEVELOPMENT AGREEMENT AMENDMENT NO. 3 Bid Item No. Spec Section Reference Description Opinion of Probable Cost Pleasant Hill Estates Phase 2A Premier Builders Inc. 07/14/2017 Unit of Estimated Measure Quantity Unit Price Item Total GENERAL Performance & Payment Bonds LS 1 $ $ Mobilization LS 1 $15, $ 15, Subtotal General: $ 16, DEMOLITION & REMOVALS Remove Pavement - Asphalt SY 840 $2.40 $ 2, Sawcut - Asphalt LF 100 $2.60 $ Clearing & Grubbing LS 1 $2, $ 2, Subtotal Demolition: $ 4, EARTHWORK Common Excavation CY $3.50 $ 78, Strip Topsoil - Stockpile Excess On-Site CY $2.00 $ 40, Topsoil - Respread CY $2.00 $ 26, Subtotal Earthwork: $ 145, EROSION AND SEDIMENT CONTROL Silt Fence LF 2132 $1.50 $ 3, Tracking Pad - Clear Stone TON 90 $14.00 $ 1, Ditch Check - Stone Weepers EA 1 $ $ Velocity Check - Drive-Over, Mountable EA 5 $ $ Inlet Protection - Type D EA 18 $ $ 2, Erosion Mat - Class I, Type A SY 5450 $1.00 $ 5, Erosion Mat - Class I, Type B SY 1210 $2.00 $ 2, Deep Tilling LS 1 $2, $ 2, Restoration - Seed, Fertilizer, & Mulch SY $0.50 $ 20, Subtotal Erosion and Sediment Control: $ 37, SANITARY SEWER Sanitary Sewer Manhole - 48" Dia. w/ Casting EA 7 $3, $ 25, Sanitary Sewer - 8" PVC, SDR 26 LF 1135 $33.00 $ 37, Sanitary Sewer Service Lateral - 4" PVC, SCH 40 LF 967 $29.00 $ 28, Connect to Existing Sanitary Manhole (Core and Boot) EA 2 $ $ 1, Sanitary Sewer Trench Compaction TF 2102 $4.25 $ 8, Sanitary Sewer Televising LF 1135 $1.50 $ 1, Internal Chimney Seal EA 7 $ $ 3, Subtotal Sanitary Sewer: $ 107, WATER MAIN Water Main - 8 D.I. CL 52 LF 1870 $43.00 $ 80, Hydrant - New w/ Marker Flag EA 4 $3, $ 12, Water Service Lateral - 1" Copper w/ Curb Stop LF 927 $26.00 $ 24, Connect to Existing Water Main EA 4 $5, $ 22, Gate Valve - 8" EA 8 $2, $ 16, Gate Valve - 6" EA 4 $1, $ 6, Polystyrene Insulation - 2" x 4' x 8' Sheet EA 8 $ $ 1, Hydrant - Salvaged EA 1 $1, $ 1, Water Main Trench Compaction TF 1870 $6.20 $ 11, Subtotal Water Main: $ 177, STORM SEWER & STORMWATER MANAGEMENT Storm Sewer Manhole - 60" EA 6 $2, $ 15, Catch Basin - 2' x 3' Precast Box EA 11 $2, $ 24, Storm Sewer Manhole - 48" EA 3 $2, $ 6, Catch Basin - 60" Diameter, 2' x 3' Opening EA 1 $2, $ 2, Storm Sewer Manhole - 72" EA 1 $3, $ 3, Storm Sewer - 12" RCP, Class III LF 209 $37.00 $ 7, Storm Sewer - 15" RCP, Class III LF 164 $43.00 $ 7, Storm Sewer - 24" RCP, Class III LF 31 $54.00 $ 1, Storm Sewer - 30" RCP, Class III LF 656 $58.00 $ 38,048.00

9 Apron Endwall - 12" RCP w/ Grate EA 1 $ $ Storm Sewer Trench Compaction TF 1060 $3.40 $ 3, Subtotal Storm Sewer & Stormwater Management: $ 110, STREETS AND PAVEMENT HMA Pavement Type E-1, 9.5 mm " (Upper Layer) SY 5170 $5.90 $ 30, HMA Pavement Type E-1, 12.5 mm " (Lower Layer) SY 5170 $7.00 $ 36, HMA Pavement Type E-1, 9.5 mm - 1.5" (Upper Layer) SY 1370 $5.00 $ 6, HMA Pavement Type E-1, 12.5 mm - 2.0" (Lower Layer) SY 1370 $6.20 $ 8, Excavation Below Subgrade (EBS) Undercut CY 930 $27.25 $ 25, Geotextile Fabric - WisDOT Type SR (Subgrade Reinforcement) SY 1400 $1.70 $ 2, HMA Pavement Type E-1, 12.5 mm - 3.0" (Single Layer) SY 1320 $12.25 $ 16, Cleaning & Sweeping SY 6540 $0.20 $ 1, Tack Coat SY 6540 $0.20 $ 1, Base Aggregate Dense - 1-1/4" - 10" under Roadway SY 6540 $6.90 $ 45, Base Aggregate Dense - 1-1/4" - 8" under Bike Path SY 1316 $7.25 $ 9, Base Aggregate Dense - 1-1/4" - 6.5" under C&G SY 1039 $4.50 $ 4, Base Aggregate Dense - 1-1/4" - 11" under Bike Path Shoulder SY 2312 $7.25 $ 16, Steel Reinforcement - Curb and Gutter EA 19 $74.00 $ 1, Steel Reinforcement - Concrete Sidewalk EA 19 $74.00 $ 1, Concrete Sidewalk - 5" Thickness w/ Base Aggregate Dense SF $3.20 $ 58, Curb Ramp Detectable Warning Field - Yellow EA 8 $ $ 1, Concrete Sidewalk Ramps - 5" Thickness SF 492 $7.00 $ 3, Concrete Curb & Gutter - 30" LF 3740 $13.75 $ 51, Prepare Base for Asphaltic Paving LF 2025 $5.80 $ 11, Adjust Castings & Inlets LS 1 $2, $ 2, Traffic Control - Relocate Existing Type III Barricade EA 1 $ $ Sign Post - Tubular Steel, 2x2-Inch, 10 Ft. EA 3 $ $ 1, Signs - Type II Reflective H EA 9 $ $ Subtotal Streets and Pavement: $ 339, TREES, PLANTS AND LANDSCAPING Retaining Wall - Boulder VSF 3670 $30.00 $ 110, Subtotal Trees, Plants and Landscaping: $ 110, TOTAL $ 1,048, % Contingency for Surety Computation $ 209, The TOTAL FOR SURETY is: $ 1,258,406.40

10 EXHIBIT J-1 TO AMENDMENT NO. 3 OF DEVELOPMENT AGREEMENT PLAT OF PLEASANT HILL ESTATES - Phase 2A Fees and Charges Calculation REUs Park Payment Silt Pond Dredging Runway Sewer Total Phase 2A $51, = 8 Single-family (8) + 5 duplex (10) plex (16) $22, $0.00 Paid in prior Phase $28, Calculated using the 2017 adjusted REU