HomeMy WebLinkAbout31. 20-91 FEBRUARY 25, 2020 20-91 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE DEVELOPER'S AGREEMENT FOR OSHKOSH
AVENUE, NORTH KOELLER STREET, & NORTH WESTFIELD
STREET
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper
City officials are hereby authorized and directed to enter into an appropriate Developer's
Agreement for public improvements related to the following streets and right of way:
Oshkosh Avenue, North Koeller Street, & North Westfield Street
City
of W
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Kelly Nieforth, Economic Development Services Manager
DATE: February 19, 2020
RE: Approve Developers Agreement for Oshkosh Avenue, N. Westfield Street
and N. Koeller Street
BACKGROUND
The redevelopment of the area north of Oshkosh Avenue from approximately Rath Lane
to North Westfield Street and the construction of Oshkosh Corporation world corporate
headquarters necessitated improvements to Oshkosh Avenue and construction of streets
and utilities to serve these properties. The City coordinated the design, bidding, and
construction for the improvements. The Initial Resolution for assessments was approved
by the Common Council on July 24, 2018.
The City's assessment policy states that assessments must be paid in full should a parcel
change in ownership or be altered. A unique situation arose when two different
developers were completing site design for their respective parcels that shared an
irregular shaped line. One developer also wanted to combine multiple parcels into one
developable parcel when the parcel line was being reconfigured. It was discovered that
if the shared lot line was reconfigured and the parcels were combined into one, the sites
would be able to be developed in a more efficient, effective manner and allow for greater
private investment on the redevelopment sites.
ANALYSIS
The Developer's Agreement allows the City to assess the properties per the developer's
request and not according to the benefit received, while ensuring the City recovers the
full amount of the assessments. The purpose of this is to allow for the shared parcel line
to be reconfigured and for multiple parcels to be combined to create two developable lots.
FISCAL IMPACT
The Developer Agreement does not change the amount of assessments the City will
collect, only when the owner is required to pay the assessment.
RECOMMENDATIONS
Council approves the Developers Agreement for Oshkosh Avenue, N. Westfield Street
and N. Koeller Street.
Submitted, Approved:
Kelly Nieforth Mark A. Rohloff
Economic Development Services Manager City Manager
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MACH IN CLIENT:PRIME SPACE LLC SCALE: SHEET:Z OF 5
DRAFTED BY:-RJO 100` PROJECT NO, 1643-01.19
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Document Number Document Title
Recording Area
Name and Return Address
City Attorney Office
P O Box1130
Oshkosh WI 54903-1130
Parcel Identification Number (PIN)
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
(Oshkosh Avenue Assessments)
This instrument drafted by:
Attorney Lynn A.Lorenson
Oshkosh,W154903-1130
1
January 14, 2020
DEVELOPER'S AGREEMENT
WAIVER OF SPECIAL ASSESSMENT NOTICES
THIS AGREEMENT is made pursuant to Section 66.0703 of the Wisconsin Statutes providing for
levying and assessing the cost of various improvements to the Property herein described.
NOW, THEREFORE, IT IS HEREBY AGREED by and between Lake Shore Development of
Oshkosh,LLC, a Wisconsin Limited Liability Corporation,230 Ohio Street, Suite 200, Oshkosh,
Wisconsin 54901;Prime Space, LLC; (Collectively the "Developers"); and the City of Oshkosh,
a Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh, Wisconsin 54901 (City).
1. Pur o�se. The parties enter into this Agreement pursuant to Section 66.0703 of the Wisconsin
Statutes which provides for levying and assessing the cost of various improvements to the
Property described in this Agreement. Subsequent to the levying of special assessments
Developers reconfigured the parcels and have requested the City to allow them to agree to
final special assessments applicable to each parcel based upon the adjusted parcel lines. The
consideration agreed to by the parties is the mutual benefit resulting from the development of
the Property by the entities identified above and the construction of public facilities serving
the Property.
2. Property. Developers covenant and warrant that each is the owner of the Property described
as follows:
Prime Space, LLC—Parcel ID #1610870302 Described as follows:
Lot 1 of Certified Survey Map 7578 as recorded with the Winnebago County Register of
Deeds on December 26, 2019, as Document 1806723, being part of Outlot 2 of Certified
Survey Map#7398 (Document#1774474), and also part of Lots 1, 2, 4 and all of Lot 3 of
Rath's Addition, in the Sixteenth Ward, and part of vacated Rath Lane and Oshkosh Avenue,
and all of Lot 2 of CSM 7411 (Document#1777684), said Map being part of Lots 1 and 2 of
Rath's Addition and part of Lot 10 of Wilder's Replat, all of Winnebago County Records,
located in the Southwest '/4 of the Northwest '/4 and the Southeast 1/4 of the Northwest 1/4 of
Section 15, T18N-R16E, City of Oshkosh, Winnebago County, Wisconsin.
Lakeshore Development of Oshkosh, LLC—Parcel ID# 1610870100 Described as follows:
Lot 2 of Certified Survey Map 7578 as recorded with the Winnebago County Register of
Deeds on December 26, 2019, as Document 1806723,being part of Outlot 2 of Certified
Survey Map#7398 (Document#1774474), and also part of Lots 1,2,4 and all of Lot 3 of
Rath's Addition, in the Sixteenth Ward, and part of vacated Rath Lane and Oshkosh Avenue,
and all of Lot 2 of CSM 7411 (Document#1777684), said Map being part of Lots 1 and 2 of
Rath's Addition and part of Lot 10 of Wilder's Replat, all of Winnebago County Records,
2
January 14, 2020
Located in the Southwest 1/4 of the Northwest '/4 and the Southeast 1/4 of the northwest 1/4 of
Section 15, T18N-R16E, City of Oshkosh, Winnebago County, Wisconsin.
3. Waiver of Special Assessment Notices and Hearing_ In consideration of the construction by
the City of Oshkosh of the following proposed public improvements serving the Property,
Developers as owners of the Property hereby admit that the improvements will benefit the
Property and consent to the levying of special assessments for the costs of the improvements
against the Property:
Concrete Paving, Traffic Signals, Storm Sewer Main and Laterals, Sanitary Sewer Main
and Laterals, Water Main and Laterals, and storm water management practices.
The City of Oshkosh developed preliminary assessment calculations based upon the City of
Oshkosh's Special Assessment Policy and upon unique characteristics of the proposed
project, including area assessments for utilities. The City provided the Developers with these
preliminary calculations of the special assessments for the affected properties and levied
assessments based upon the preliminary calculations and Lakeshore Developments of
Oshkosh, LLC's prior request to the City for review of the initial assessments.
Developer,individually and collectively,are requesting an adjustment to the final assessments
based upon their reconfiguration of the lots. The City has reviewed the request and agrees to
adjust the final assessments based upon the new lot configuration, the final assessment
amounts shall be entered as shown on attached Exhibit A.
Developer, individually and collectively, affirmatively assert that the assessments identified
in Exhibit A, reflect, in their opinion, a local benefit that is reasonable based upon the
uniqueness of each affected property.
The Developer's request does not affect the overall or total combined special assessment for
the affected properties. The properties subject to the proportionate changes proposed by
Developer are all owned by the Developer, and that by signing this Agreement each party
cumulatively comprising the Developer agrees to the change from Exhibit B to the
assessments in Exhibit A.
In accordance with Wisconsin Statutes Section 66.0703(7)(b), Developers hereby waive all
special assessment notices and hearings required by Wisconsin Statutes Section 66.0703, and
further agree and admit that the assessed property receives a benefit from the above-identified
public improvements,which is equal to or greater than the proposed assessment for such work
as identified in the Final Resolution for Special Assessments and Exhibit A attached hereto.
It is specifically understood by and between both parties that the amounts and costs set forth
in the attached Exhibits A and B, are estimates of amounts and costs only. Assessments shall
be based upon the actual costs of services and construction. In the event that the estimated
cost exceeds the actual costs of services and construction,the Developer shall be responsible
only for the actual cost of construction.
Notwithstanding any other term in this Agreement, the Developer, individually and
collectively, affirmatively agree that in the event any assessment identified in Exhibit A is
determined by a court of competent jurisdiction to be invalid for any reason, then the City
3
January 14, 2020
retains the right to reassess all of the affected properties as otherwise allowed by law. Each
part comprising the cumulative Developer consents to such reassessment as described in
Exhibit B and hereby waive all special assessment notices and hearings required by Wisconsin
Statutes Section 66.0703, and further agree and admit that the assessed property receives a
benefit from the above-identified public improvements, which is equal to or greater than the
proposed assessment for such work as identified in Exhibit B.
4. Payment of Assessments. Developer will pay for the improvements and services upon invoice
and/or through special assessment financing available pursuant to Section 25-83 through 25-
89 of the Oshkosh Municipal Code upon certification by the City Engineer for the City of
Oshkosh that said improvements have been completed.
5. Payment on Sale. The Developer has requested and the City hereby agrees that the
reconfiguration of the parcels and transfer of property as contemplated by this Agreement
does not constitute a sale or divestiture of the Property for the purposes of requiring payment
of the special assessments in full at the time of this Agreement.
Upon further sale or other divestiture of the Property, Developer shall pay in full the special
assessments applicable to that particular parcel as identified above and on the attached Exhibit
A, without regard to whether the parcel has been further subdivided by Developer after the
date of this Agreement.
6. Refund Not Assignable. Any refund which may be due Developer as a result of any special
assessment being in excess of the actual amount paid by City for said improvements is not
assignable by Developer.
7. Recordinia. This Agreement and its Exhibits and any attachments, may be recorded at City's
option, and if so done, this Agreement shall serve as Notice of Lien and/or encumbrance
against such Property.
Signature Pages to follow
4
January 14, 2020
IN WITNES S WHEREOF,the parties heretofore have caused this Agreement to be signed
by the proper persons of each party and their corporate seals, if any,to be hereunto affixed.
Dated: this day of February, 2020
LAKE SHORE DEVELOPMENT OF OSHKOSH, LLC
By. ..
Randy Schmiedel, Managing Member Steve Hoopman,Partner !�
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNT
Personally came before me this JCt - day of February,2020,the above-named Randy Schmiedel
and Steve Hoopman, to me known to be the person(s)who executed the foregoing instrument and
to me known to be such officers of said corporation, and acknowledged that he executed the
foregoing instrument as suchofficers as the deed of said corporation, by its authority.
Notary Public, State of Wisconsin
My Commission expires: C ' 21
5
January 14, 2020
Prime Space, LLC
By: I A Jj&,
illiam Steiner,Managing Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this day of January, 2020, the above-named William Steiner,
to me known to be the person(s) who executed the foregoing instrument and to me known to be
such officer of said corporation, and acknowledged that he executed the foregoing instrument as
such officer as the deed of said corporation,by its authority.
Notary Public, State of Wisconsin
My Commission expires:
6
January 14, 2020
CITY OF OSHKOSH
By: And:
Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this day of February, 2020, the above-named Mark A.
Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal
corporation, to me known to be the persons who executed the foregoing instrument, and to me
known to be such officers of said corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said corporation, by its authority.
Notary Public, Winnebago Co., WI
My Commission expires/is:
Approved as to Form:
Lynn A. Lorenson, City Attorney
7
January 14, 2020
2/18/2020
Exhibit A
Parcel Number,Owner and Description
16-1087-0100 16-1087-0302
Lakeshore Development of
Oshkosh,LLC Prime Space LLC
Work Description Limits Lot 2 CSM 7578 Lot 1 CSM 7578 Total
N.Koeller St Paving Oshkosh Ave to Rath Ln $0.00 $0.00
N.Koeller St Paving Rath Ln to Four Wheel Dr $0.00 $0.00
N.Westfield St Paving Pour Wheel Dr to Oshkosh Ave $94,211.49 $94,211.49
Oshkosh Ave Widening w/Signals N.Koeller St to Eagle St $86,591.47 $86,591.47
Storm Sewer/Stm Water Management $101,527.63 $60,433.11 $161,960.74
Sanitary Sewer Area Charges $14,969.51 $14,969.51
Water Main Area Charges $18,537.38 $13,039.00 $31,576.37
Sanitary Lateral $12,937.85 $12,837,85
Water Lateral $23,034.44 $23,034.44
Total $351,709.75 $73,472.11 $425,181.86
Revised stormwater management costs based on new lot areas and area dedicated as ROW. Costs are based on estimated quantities and bid prices.
I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\Project_Information\Quantities\Prelim Construction Costs\assessment calculations iteration 2 based on
bid prices Page 1
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Parcel npmberand decal tlon
16•D847-Im0 IC.1087-0100 1"WL- D
14Oshkosh Ave llO Lakeshore Oevof OsM1LLC GseysMaYseting Ca H2Oshkash Ave lLO Total
Wark Dasedptlon U.S. Lot I CSM 741t [At2 rSM 7411 ILt2 rSM n70 es a I(Ea,
N.Kodler SiPavI Oshkosh Ave to(lath Ln $O.m SOAn $0.DO $0.00 $100
N.Kaeller SYPaving Path La to Font Wheel Dr Sam SOAR $0.00 Sun $0A0
N.WestfleldSt Pavin FmWheel Drtp Oshkosh Ave $40,797.67 $94,21SA9 541.780.75 $175,789.91
OshkashAve Wideningw Slgnals Koellc to Westfteld 40649147 $S6S91A7 S273,la253 528,863.92 5375229.68
Starm Sealer/Stm walermanagement 557677.63 $100,941.A8 $3 96SS2 S5210ma- $253.666.09
5anlla SevmrArea char u t $14,96s.51 $11467.34 $36,930.17
Wa[v MalnArea Charges $33,359.@ $1H,537,38 $11,17730 $21$ ,0
Sanity lateral lEsOmated $5.75fi.80 512,837,55 52 .91 .040,56056
Waterlatenl(Estlmatedl $12,17857 S-B.034A41 284.77 537.427.73
Total $146,a64A8 $351,124.00 5206,14BA5 $160r100.96 $964,2k7.89
•meamcosts vn:re allmated to other parcdN at developer's request
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PAGE 1 OF 3
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KEY,$FOR ASSESSMENT SHEET
CITY OF OSHKOSH CONCRETE PAVING,SmEWAL.K WATER&SANITARY AND
®ASSESSABLE AREA ENGINEEMND DIVISION WATER,SANITARY k=RM IATERAL ASSESSMENTS
REM51ON DATE; OSHKOSH AVE TO
CERTFTCATION DATE N. WESTFIELD STREET N.KOEELER ST.
ASSESSMENT RATES: CONTRACT NO. DRAWN N. KOELLER STREET RATH LN.ro N.wasH6uRN sr.
WATER MAIN(CON7 18-14)=x0,5057 PER SQUARE FOOT Te-u oe-20-zats
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